2005 Idaho Code - 42-211 — AMENDED APPLICATION OR PERMIT -- APPEALS

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 2
                      APPROPRIATION OF WATER -- PERMITS,
                     CERTIFICATES, AND LICENSES -- SURVEY
    42-211.  AMENDED APPLICATION OR PERMIT -- APPEALS. Whenever a permit has
been issued pursuant to the provisions of this act, and the permit holder
desires to change the place, period, or nature of the intended use, or make
other substantial changes in the method of diversion or proposed use or uses
of the water, he shall file an application for amendment upon forms to be
furnished by the department of water resources together with the statutory fee
for filing and recording same, and upon receipt thereof it shall be the duty
of the department of water resources to examine same and if approval thereof
would not result in the diversion and use of more water than originally
permitted and if the rights of others will not be adversely affected thereby,
the director of the department of water resources shall approve said
application and return an approved copy to the permit holder. The director of
the department of water resources shall give such notice to other affected
water users as he deems appropriate and may grant the amendment, in whole or
in part or upon conditions, or may deny same. Notice of partial approval or
conditions or denial of an amendment shall be forwarded to the applicant by
certified mail and shall be subject to judicial review as hereafter provided.
The priority of the right established pursuant to a permit which has been
amended under these provisions shall date from the date of the original
application for permit, provided the permit holder has complied with other
provisions of this act.
    In connection with any application on which permit has not been issued,
amendments may be made by indorsement by the applicant or his agent on the
original application, which indorsement shall be initialed and dated. If the
amendment will result in the use of more water than originally asked, the
priority of the right shall be changed to the date of said amendment. The
applicant shall also be required to pay any additional filing fee as a result
of an amendment of the rate of diversion or volume of storage requested in
such amended application. If amendment is made after publication of notice of
the original application, said notice shall be republished following
amendment, upon payment by the applicant of the statutory fee for
republication as in this act provided.
    The notice shall be published in the same manner as provided by section
42-203, Idaho Code, for publication of notice of an application for permit.
Protests to the application for amendment may be filed with and heard by the
director in the same manner as provided by section 42-203, Idaho Code, for
protests to an application for a permit.
    If a protest is filed and a hearing on the protest held, any person
aggrieved by the final decision of the director following the hearing may seek
judicial review thereof pursuant to section 42-1701A(4), Idaho Code.
    If no protest is filed and the director grants the amendment in part or on
conditions or rejects the amendment without a hearing, the applicant may
request a hearing pursuant to section 42-1701A(3), Idaho Code, for the purpose
of contesting the action of the director and following the hearing and the
issuance of a final decision by the director may seek judicial review thereof
pursuant to section 42-1701A(4), Idaho Code.