2005 Idaho Code - 42-233a — "CRITICAL GROUND WATER AREA" DEFINED -- PUBLIC HEARINGS -- PUBLICATION OF NOTICE -- GRANTING OR DENIAL OF APPLICATION -- APPEAL

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 2
                      APPROPRIATION OF WATER -- PERMITS,
                     CERTIFICATES, AND LICENSES -- SURVEY
    42-233a.  "CRITICAL GROUND WATER AREA" DEFINED -- PUBLIC HEARINGS --
PUBLICATION OF NOTICE -- GRANTING OR DENIAL OF APPLICATION -- APPEAL.
"Critical ground water area" is defined as any ground water basin, or
designated part thereof, not having sufficient ground water to provide a
reasonably safe supply for irrigation of cultivated lands, or other uses in
the basin at the then current rates of withdrawal, or rates of withdrawal
projected by consideration of valid and outstanding applications and permits,
as may be determined and designated, from time to time, by the director of the
department of water resources.
    Upon the designation of a "critical ground water area" it shall be the
duty of the director of the department of water resources to conduct a public
hearing in the area concerned to apprise the public of such designation and
the reasons therefor. Notice of the hearing shall be published in two (2)
consecutive weekly issues of a newspaper of general circulation in the area
immediately prior to the date set for hearing.
    In the event an area has been designated as a "critical ground water area"
and the director of the department of water resources desires to remove such
designation or modify the boundaries thereof, he shall likewise conduct a
public hearing following similar publication of notice prior to taking such
action.
    When a "critical ground water area" is designated by the director of the
department of water resources, or at any time thereafter during the existence
of the designation, the director may approve a ground water management plan
for the area. The ground water management plan shall provide for managing the
effects of ground water withdrawals on the aquifer from which withdrawals are
made and on any other hydraulically connected sources of water.
    In the event an application for permit is made with respect to an area
that has not been designated as a critical ground water area the director of
the department of water resources shall forthwith issue a permit in accordance
with the provisions of section 42-203A and section 42-204, Idaho Code,
provided said application otherwise meets the requirements of such sections;
and further provided that if the applicant proposes to appropriate water from
a ground water basin or basins in an amount which exceeds ten thousand
(10,000) acre-feet per year either from a single or a combination of diversion
points, and the director determines that the withdrawal of such amount will
substantially and adversely affect existing pumping levels of appropriators
pumping from such basin or basins, or will substantially and adversely affect
the amount of water available for withdrawal from such basin or basins under
existing water rights, the director may require that the applicant undertake
such recharge of the ground water basin or basins as will offset that
withdrawal adversely affecting existing pumping levels or water rights.
    In the event an application for permit is made in an area which has been
designated as a critical ground water area, if the director of the department
of water resources from the investigation made by him on said application as
herein provided, or from the investigation made by him in determining the area
to be critical, or from other information that has come officially to his
attention, has reason to believe that there is insufficient water available
subject to appropriation at the location of the proposed well described in the
application, the director of the department of water resources may forthwith
deny said application; provided, however, that if ground water at such
location is available in a lesser amount than that applied for the director of
the department of water resources may issue a permit for the use of such water
to the extent that such water is available for such appropriation.
    The director may require all water right holders within a critical ground
water area to report withdrawals of ground water and other necessary
information for the purpose of assisting him in determining available ground
water supplies and their usage.
    The director, upon determination that the ground water supply is
insufficient to meet the demands of water rights within all or portions of a
critical ground water area, shall order those water right holders on a time
priority basis, within the area determined by the director, to cease or reduce
withdrawal of water until such time as the director determines there is
sufficient ground water. Such order shall be given only before September 1 and
shall be effective for the growing season during the year following the date
the order is given.
    Any applicant dissatisfied with the decision of the director of the
department of water resources may appeal to the district court in the manner
provided for in section 42-237e, Idaho Code.