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<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 /> <br />supply available from applicable rights in the Board's water supply bank is sufficient for <br />the use intended; and (5) the proposal is in the local public interest." For applications <br />to rent water for the benefit of salmon migration, the Director must consider only <br />whether the use will injure other water rights.77 <br />For the local rental pools, the Director is authorized to approve a general lease <br />which the local committee can use to satisfy state (water transfer) approval <br />requirements." Rules for all three rental pools give administrators discretion to reject <br />space offered to the bank if acceptance is not in the best interests of the rental pool or <br />water district." In lieu of rejection, the use, allocation or pricing of water rented from <br />such space can be conditioned" <br /> <br />2.1.2.11 Bank administration <br />As mentioned above, the Idaho Water Resource Board administers the statewide <br />water supply bank, and is authorized to purchase, lease or otherwise obtain decreed, <br />licensed or permitted water rights (both natural flow and stored water) to be credited to <br />the water supply bank." Rights may be divided or combined into more marketable <br />blocks provided there is no injury to other water right holders, no enlargement of use, <br />and the change is in the local public interest. The statewide bank has not had much <br /> <br />"Idaho Code ~ 42-1763 (Supp. 1993) The local public interest is defined as the affairs of the people in the <br />area directly affected by the proposed use. Ill. Any person aggrieved by a decision or action of the Director <br />may request a hearing. Ill. at f 42-1701(A)(3), and IOAPA 37.02.03.003. <br /> <br />77Id. at ~ 42-1763(A) (Supp. 1993). Aside from issues of injury to water rights, a determination must be <br />made that the water rented "will be used as pan of a coordinated effon to enhance salmon migration and that <br />other parties are making a proportional contribution to solving the salmon migration problem.' Ill. <br /> <br />'"Ill. at ~ 42-1'763 (Supp. 1993). <br /> <br />"Local Rental Pool Procedures, rule 5.4 (Districts 63, 65) and rule 5.3 (District 1). <br /> <br />"'I.!!. There is only one case in Idaho dealing with the operation of a water bank, and specifically <br />addressing the issue .of injury to other water rights from the operation of the water supply bank. See <br />Enterprise Canal Company v. Idaho Department of Water Resources, Case No. 96371 (4th Iud. DisL, Ada Co., <br />Idaho 1993). <br /> <br />"l!l. at ~ 42-1762, and IOAP A 37.02.03.025. <br /> <br />2-19 <br />