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Idaho Statutes

Chapter 2

Idaho Code tit. 42, ch. 2

Appropriation of Water — Permits, Certificates, and Licenses — Survey

42-201Water rights acquired under chapter — Illegal diversion and application of water — Uses for which water right not required — Exclusive authority of department.42-202Application to appropriate water — Contents — Filing fees — Disposition of fees — Record of receipts.42-202ATemporary approval — Application — Criteria — Exceptions.42-202BDefinitions.42-203ANotice upon receipt of application — Protest — Hearing and findings — Appeals.42-203BAuthority to subordinate rights — Nature of subordinated water right and authority to establish a subordination condition — Authority to limit term of permit or license.42-203CHydropower water right — Criteria for reallocation — Weight — Burden of proof.42-203DReview of permits — Opportunity for hearing.42-204Examination — Permit — Commencement of work — Extensions — Appeal.42-204AAppropriation of Ground Water for Supplemental Irrigation Use.42-205Issuance of permit — Restrictions — Preference.42-206Residence a requisite for issuance.42-207Sale, transfer, assignment or mortgage of permit.42-208Cancellation or revocation for noncompliance.42-209Effect of illegal transfer.42-210Application of act.42-211Amended application or permit — Appeals.42-212Diversion of private waters.42-213Diversion of private waters — Applicants must show right of way.42-217Proof of application to beneficial use.42-217aCertified water right examiner.42-218Proof of application to beneficial use — Extension of time.42-218aLapse of application for failure to request extension or submit proof of application to beneficial use — Notice of lapsing.42-219Issuance of license — Priority.42-220Effect of license.42-221Fees of department.42-222Change in point of diversion, place of use, period of use, or nature of use of water under established rights — Forfeiture and extension — Appeals.42-222ATemporary changes during drought conditions.42-222BIrrigation Corporation Boundary Adjustments.42-223Exceptions or defenses to forfeiture.42-224forfeiture of stockwater rights.42-226Ground waters are public waters.42-227Drilling and use of wells for domestic purposes excepted.42-228Drilling and use of wells for drainage or recovery purposes excepted.42-229Methods of appropriation.42-230Definitions.42-231Duties of the director of the department of water resources.42-232Ground water recharge program — Negotiations with bureau of reclamation.42-233Low temperature geothermal resource.42-233a"Critical ground water area" defined — Public hearings — Publication of notice — Granting or denial of application — Appeal.42-233bGround water management area.42-233cEastern snake plain aquifer AREA HAVING COMMON GROUND WATER SUPPLY.42-234Ground water recharge — Authority of department to grant permitS AND LICENSES.42-235Drilling permits.42-237Abandonment of water right — Change of point of diversion and place of use.42-237aPowers of the director of the department of water resources.42-237eAppeals from actions of the director of the department of water resources.42-237fAdjudication of water right.42-237hDuties of the attorney general.42-238Well drillers’ licenses and operator permits.42-238aWater administration account.42-239Interpretation.42-240Application for right to exchange water — Filing fee — Notice — Protest — Hearing — Approval or denial — Appeal.42-241Purpose.42-242Definitions.42-243Filing of claims of rights established by diversion and use — Form and content of claim.42-244Recording of claims by department — Corrections.42-245Failure to file claim waives and relinquishes right.42-246Filing of claim not deemed adjudication of right — Evidence.42-248Notification of change in ownership of a water right or change of address of a water right owner — Notice of action affecting a water right.42-250Water conservation.42-251Appropriation of Unappropriated Flows for Lemhi Basin Stream Flow Maintenance — Legislative Findings of Fact Concerning Historic Use of High Flows in the Lemhi River Basin and Need for Protection and Effective Management of Such Use.