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<br />over of rented water. In District 1, storage space rented and not used that year is <br />returned to the lessor by crediting it to the lessor's carryover storage. The renter's rights <br />are terminated at the end of the irrigation season. Leased storage may be carried over <br />by the renter." No water may be rented 3.fter November 1 without the lessor's <br />approval." <br /> <br />2.1.2.10 Addressing water rights and third party inJury issues <br />The Idaho bank statute provides that approval of the rental of bank water <br />operates as a substitution for complying with state water law transfer requirements." <br />Several provisions of the statutory scheme and bank rules are directed towards <br />addressing potential injury from bank transactions. Limiting rental pool transactions to <br />storage space is one such provision. Requiring use by March of the following year and <br />limiting the ability to carry over rented water ensure that reservoir space will be available <br />for storage rights holders the following season. In addition, as discussed below, bank <br />administrators must consider factors relevant to the question of injury in deciding <br />whether to accept water into the bank and whether to rent water from the bank. <br />The process for the statewide bank generally involves the publication of notice <br />and a hearing before any water can be leased, with opportunity for anyone claiming <br />injury to raise these concerils with the Department of Water Resources." Under the <br />water supply bank, the Director must evaluate lease applications to consider whether: (1) <br />there will be injury to other water rights; (2) the proposal would constitute an <br />enlargement of the water right; (3) the water will be put to a beneficial use; (4) the water <br /> <br />"Rental Pool Procedures, rule 7.6 (District 1) and rule 7.7 (Districts 63 and 65). District 1 also provides <br />for re-renting water not used for irrigation by the end of the summer. This water can be leased back to the <br />rental pool, in which case proceeds from tbe re-rental wiJ) be paid UJ the original renter. District 1 Procedures, <br />at rule 7.6. <br /> <br />"District 1 Procedures, at rule 7.6. <br /> <br />1<ldaho Code f 42-1764 (1990). <br />"Many USCIS are opting for the formal transfer process which may actually be faster than going through <br />the bank. <br /> <br />2~18 <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />