2005 Idaho Code - 42-108A — LEASING OF WATER FOR HYDROELECTRIC GENERATION -- EXCEPTION TO REQUIREMENT OF APPLICATION TO CHANGE NATURE OF USE

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 1
                      APPROPRIATION OF WATER -- GENERAL
                                  PROVISIONS
    42-108A.  LEASING OF WATER FOR HYDROELECTRIC GENERATION -- EXCEPTION TO
REQUIREMENT OF APPLICATION TO CHANGE NATURE OF USE. Any person having the
right to the beneficial use of a water right may lease the water to a private
or public utility doing business in the state of Idaho for hydroelectric
generation purposes within the state of Idaho for a period not to exceed one
(1) year on application to the department of water resources indicating the
name of the owner of the right, the lessor, the lessee, the amount of water
leased, the duration of the lease, and the proposed place of use and point of
diversion. Such a lease or leases shall not constitute a change in the nature
of use of such water nor shall the same constitute an abandonment or
forfeiture or any other diminution of such water right.