US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 4
                     APPROPRIATIONS FOR USE OUTSIDE STATE
    42-401.  APPLICATIONS FOR USE OF PUBLIC WATERS OUTSIDE THE STATE. (1) The
state of Idaho is dedicated to the conservation of its public waters and the
necessity to maintain adequate water supplies for the state's water
requirements. The state of Idaho also recognizes that under appropriate
conditions the out-of-state transportation and use of its public waters is not
in conflict with the public welfare of its citizens or the conservation of its
waters.
    (2)  Any person, firm or corporation or any other entity intending to
withdraw water from any surface or underground water source in the state of
Idaho and transport it for use outside the state or to change the place or
purpose of use of a water right from a place in Idaho to a place outside the
state shall file with the department of water resources an application for a
permit to do so, subject to the requirements of chapter 2, title 42, Idaho
Code.
    (3)  In order to approve an application under this chapter, the director
must find that the applicant's use of water outside the state is consistent
with the provisions of section 42-203A(5), Idaho Code. In addition, the
director shall consider the following factors:
    (a)  The supply of water available to the state of Idaho;
    (b)  The current and reasonably anticipated water demands of the state of
    Idaho;
    (c)  Whether there are current or reasonably anticipated water shortages
    within the state of Idaho;
    (d)  Whether the water that is the subject of the application could
    feasibly be used to alleviate current or reasonably anticipated water
    shortages within the state of Idaho;
    (e)  The supply and sources of water available to the applicant in the
    state where the applicant intends to use the water; and
    (f)  The demands placed on the applicant's supply in the state where the
    applicant intends to use the water.
    (5)  By filing an application to use waters outside the state, the
applicant shall submit to and comply with the laws of the state of Idaho
governing the appropriation and use of water and any future changes to the
water right.
    (6)  The director is empowered to condition the permit to insure that the
use of water in another state is subject to the same regulations and
restrictions that may be imposed upon water use in the state of Idaho.
    (7)  Upon submittal of the application, the applicant shall designate an
agent in the state of Idaho for reception of service of process and other
legal notices.
    (8)  The director may, as a condition to the approval of an application
under this chapter, require that the applicant shall file a certificate from
the proper officer or official of the state where the water shall be used,
showing to the satisfaction of the director that the intended use would be
beneficial, and that the intended appropriation is feasible.