US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 14
                         ADJUDICATION OF WATER RIGHTS
    42-1416B.  CLAIM FOR EXPANDED USE IN CRITICAL GROUND WATER AREA --
DETERMINATION OF WATER AVAILABILITY. (1) Within any critical ground water area
designated pursuant to section 42-233a, Idaho Code, a claim to the expanded
use of a ground water right, which use was expanded in violation of the
mandatory permit requirements, may be decreed in a general water rights
adjudication if the expansion occurred after the designation of the critical
ground water area, before the commencement of the adjudication, and before the
date of enactment of this section. The priority date for the right decreed
shall be June 30, 1985.
    (2)  Water shall be deemed unavailable to fill the rights for expanded
use, even if decreed in the adjudication, unless the director finds that a
management program exists which will, within a time period acceptable to the
director, limit the average annual water withdrawals from the aquifer
designated in the critical ground water area to no more than the average
annual recharge to the aquifer.
    (3)  Within two (2) years after a decree determining the water rights
within a critical ground water area becomes final, but not sooner than four
(4) years from the date of enactment of this section, the director of the
department of water resources shall make a finding as to whether an adequate
management program exists to bring withdrawals into balance with recharge.
    (4)  If the director finds that an adequate management program to bring
withdrawals into balance with recharge does not exist, the director shall
order all holders of rights to expanded use of ground water within the area to
cease or reduce withdrawal of water until such time as the director determines
that withdrawals have been brought into balance with recharge and sufficient
ground water is available to resume or increase withdrawals. The director's
order shall be issued before September 1 and shall be effective beginning with
the following growing season.
    (5)  For purposes of this section, the following definitions shall apply:
    (a)  "Expanded use" means an increase in the number of acres irrigated, or
    other additional use, under a valid ground water right without any
    increase in the rate of diversion or volume of water diverted.
    (b)  "Management program" means a program to recharge the aquifer, limit
    withdrawals from the aquifer or provide surface water supplies for all, or
    a portion, of the land irrigated with water withdrawn from the aquifer,
    including any actions designed to bring withdrawals into balance with the
    average annual recharge to the aquifer.
    (c)  "Recharge" refers to all processes, natural or artificial, which add
    water to the aquifer.
    (d)  "Withdrawal" refers to all processes, natural or artificial, which
    take water from the aquifer.
    (6)  The hearing and judicial review provisions of section 42-1701A, Idaho
Code, shall apply to any findings and orders issued by the director pursuant
to this section.
    (7)  Nothing contained in this section shall be construed to limit the
authority of the director of the department of water resources to administer
and enforce any other ground water laws of the state.