2005 Idaho Code - 42-108 — CHANGE IN POINT OF DIVERSION, PLACE OF USE, PERIOD OF USE, OR NATURE OF USE -- APPLICATION OF ACT

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 1
                      APPROPRIATION OF WATER -- GENERAL
                                  PROVISIONS
    42-108.  CHANGE IN POINT OF DIVERSION, PLACE OF USE, PERIOD OF USE, OR
NATURE OF USE -- APPLICATION OF ACT. The person entitled to the use of water
or owning any land to which water has been made appurtenant either by a decree
of the court or under the provisions of the constitution and statutes of this
state, may change the point of diversion, period of use, or nature of use,
and/or may voluntarily abandon the use of such water in whole or in part on
the land which is receiving the benefit of the same and transfer the same to
other lands, if the water rights of others are not injured by such change in
point of diversion, place of use, period of use, or nature of use, provided;
if the right to the use of such water, or the use of the diversion works or
irrigation system is represented by shares of stock in a corporation or if
such works or system is owned and/or managed by an irrigation district, no
change in the point of diversion, place of use, period of use, or nature of
use of such water shall be made or allowed without the consent of such
corporation or irrigation district. Any permanent or temporary change in
period or nature of use in or out-of-state for a quantity greater than fifty
(50) cfs or for a storage volume greater than five thousand (5,000) acre-feet
shall require the approval of the legislature, except that any temporary
change within the state of Idaho for a period of less than three (3) years may
be approved by the director without legislative approval.
    Any person desiring to make such change of point of diversion, place of
use, period of use, or nature of use of water shall make application for
change with the department of water resources under the provisions of section
42-222, Idaho Code. After the effective date of this act, no person shall be
authorized to change the period of use or nature of use, point of diversion or
place of use of water unless he has first applied for and received approval of
the department of water resources under the provisions of section 42-222,
Idaho Code.