2005 Idaho Code - 42-202A — TEMPORARY APPROVAL -- APPLICATION -- CRITERIA -- EXCEPTIONS

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 2
                      APPROPRIATION OF WATER -- PERMITS,
                     CERTIFICATES, AND LICENSES -- SURVEY
    42-202A.  TEMPORARY APPROVAL -- APPLICATION -- CRITERIA -- EXCEPTIONS. (1)
Any person, association or corporation hereafter intending to use the waters
of any natural streams, springs or seepage waters, lakes or ground water, or
other public waters in the state of Idaho, for a minor use of short duration
may make application to the department of water resources for temporary
approval.
    (2)  Application for temporary approval shall be upon forms provided by
the department of water resources and shall be accompanied by a fifty dollar
($50.00) fee.
    (3)  The director of the department of water resources is not required to
publish notice of the application pursuant to the provisions of section
42-203A, Idaho Code, and is not required to make findings as provided in
section 42-203A or 42-203C, Idaho Code. The director may, however, give notice
of an application as he determines appropriate and may grant a temporary
approval upon completion of the application form, payment of the filing fee, a
determination by the director that the temporary approval can be properly
administered, a determination that other sources of water are not available, a
determination that approval is in the public interest and a determination that
the temporary approval will not injure public values associated with the water
source or any other water right. If the temporary approval is within a water
district, the director shall seek and consider the recommendations of the
watermaster before granting a temporary approval. The director may issue a
temporary approval with the conditions determined by the director to be
necessary to protect other water rights and the public interest.
    (4)  The recipient of any temporary approval issued pursuant to the
provisions of this act shall assume all risk that the diversion and use of the
water may injure other water rights, or otherwise not comply with the criteria
described in section 42-203A(5), Idaho Code. Any applicant for a temporary
approval who is aggrieved by a denial of the director of a temporary approval
pursuant to this act may file an application to appropriate water as provided
in section 42-202, Idaho Code.
    (5)  A temporary approval shall only be granted for a use not intended to
become an established water right and for a use which will not exceed a total
diverted volume of five (5) acre feet for the duration of the approval, which
shall not exceed one (1) year. Approvals issued under the provisions of this
section constitute a waiver of the mandatory permit requirements of section
42-201(2), Idaho Code, and do not create a continuing right to use water.
Temporary approvals shall not be issued as an interim water supply for a use
which requires a continuing water supply.
    (6)  The provisions of this section do not require a temporary approval
before diverting and using water to extinguish or prevent the spread of an
existing wildfire on private or public lands, facilities or equipment,
including the use of water by personnel engaged in fighting an existing
wildfire.