US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 1
                      APPROPRIATION OF WATER -- GENERAL
                                  PROVISIONS
    42-108B.  LEASING OF WATER UNDER ESTABLISHED RIGHTS -- NOTICE -- APPEAL.
Any person, entitled to the use of water whether represented by a license
issued by the department of water resources, or by decree of the court, who
shall desire to lease the water pursuant to section 42-108A, Idaho Code, shall
make application to the department of water resources. Such application shall
be upon forms furnished by the department and shall describe the right
licensed, claimed or decreed which is to be leased. Upon receipt of said
application, an application filing fee of thirty dollars ($30.00) and a
publication fee of fifty dollars ($50.00), it shall be the duty of the
director of the department of water resources to examine same and if otherwise
proper, to cause notice of the proposed leasing of water and setting forth the
hearing date at which protests will be heard, to be published once a week for
two (2) consecutive weeks in a newspaper published and of general circulation
within the county where the water is diverted, if there is such a paper,
otherwise in a newspaper of general circulation within the county. Such notice
shall advise that anyone who desires to protest the proposed leasing of water
and who has a superior right to use the water and who may suffer pecuniary
loss shall file notice of protest with the department within five (5) days of
the last date of publication. The hearing date set by the director of the
department of water resources shall be held not sooner than ten (10) nor later
than fifteen (15) days after the last date of publication. Upon receipt of any
protest, it shall be the duty of the director of the department of water
resources to investigate the same and to conduct a hearing thereon. He shall
also advise the watermaster of the district in which such water is used of the
proposed lease.
    The director of the department of water resources shall examine all of the
evidence and available information and shall approve, in whole or in part, or
upon conditions, provided no other water rights senior or junior to the water
to be leased are injured thereby. A copy of the approved application for
leasing of water shall be returned to the applicant, and he shall be
authorized upon receipt thereof to lease the water pursuant to section
42-108A, Idaho Code. In the event the director of the department of water
resources determines that a proposed change shall not be approved as provided
in this section, he shall deny same and forward a notice of such action to the
applicant by certified mail, which decision shall be subject to review
pursuant to section 42-1701A, Idaho Code.
    All fees received by the department of water resources under the
provisions of this section shall be submitted to the state treasurer for
deposit in the water administration fund.