2005 Idaho Code - 42-248 — NOTIFICATION OF CHANGE IN OWNERSHIP OF A WATER RIGHT OR CHANGE OF ADDRESS OF A WATER RIGHT OWNER -- NOTICE OF ACTION AFFECTING A WATER RIGHT

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 2
                      APPROPRIATION OF WATER -- PERMITS,
                     CERTIFICATES, AND LICENSES -- SURVEY
    42-248.  NOTIFICATION OF CHANGE IN OWNERSHIP OF A WATER RIGHT OR CHANGE OF
ADDRESS OF A WATER RIGHT OWNER -- NOTICE OF ACTION AFFECTING A WATER RIGHT.
(1) All persons owning or claiming ownership of a right to use the water of
this state, whether the right is represented by decree of the court, by claim
to a water right filed with the department of water resources or by permit or
license issued by the director of the department of water resources, shall
provide notice to the department of water resources of any change in ownership
of any part of the water right or of any change in the owner's mailing
address, either of which occurs after June 30, 2000. Notice shall be provided
within one hundred twenty (120) days of any change using forms acceptable to
the director. Any notice received by the department of water resources more
than one hundred twenty (120) days after the change in ownership or mailing
address has occurred shall be accompanied by a late filing fee. The late
filing fee shall be one hundred dollars ($100). The director may waive the
late filing fee or a portion thereof for good cause.
    (2)  All persons owning or claiming ownership of a right to use the water
of this state that is evidenced by a water right recorded with the department
of water resources prior to June 30, 2000, and for which a claim to water
right, with current ownership and mailing address, is not on file with the
department of water resources in the Snake River Basin Adjudication, Twin
Falls Civil Case No. 39576, shall verify with the department that the
ownership and mailing address information in the department's records is
correct. Any incorrect ownership or mailing address shall be corrected by the
owner or claimant of the water right by July 1, 2002, using forms acceptable
to the director. Any mailing address or ownership corrections required by this
subsection received by the department of water resources after July 1, 2002,
shall be subject to the late filing fee described in subsection (1) of this
section. The director may waive the late filing fee or a portion thereof for
good cause.
    (3)  The director of the department of water resources will be deemed to
have provided notice concerning any action by the director affecting a water
right or claim if a notice of the action is mailed to the address and owner of
the water right shown in the records of the department of water resources at
the time of mailing the notice.
    (4)  Compliance with section 42-1409(6), Idaho Code, shall be deemed to be
compliance with this section. The filing of an application to change a water
right under the provisions of section 42-211 or section 42-222, Idaho Code,
showing a change in address of the owner of the right, and accompanied by
evidence documenting any change in ownership of the water right, shall be
deemed compliance with this section.
    (5)  A filing fee of twenty-five dollars ($25.00) per right shall
accompany a notice of change of ownership of a water right, provided that the
fee shall be one hundred dollars ($100) per right if a request is made to
change the department's records to reflect a division in the ownership of the
water right resulting from a division in the ownership of the place of use
under the water right. A notice of change of ownership of all or part of a
water right shall be accompanied by evidence showing the basis for the change
in ownership, and how the right is divided if the change divides the right
among multiple owners.
    (6)  Any person having a security interest in a water right and desiring
to be notified by the department regarding the filing of a change in ownership
of that water right or of any proposed or final action to amend, transfer or
otherwise modify that water right shall make the request upon a form provided
by the department accompanied by a fee of twenty-five dollars ($25.00) per
right. The request shall be accompanied by evidence of the security interest
including the expiration date of the security interest or other date defining
the end of the period for which notification is requested. The request for
notification shall expire at the end of the requested notification period
unless renewed on a form provided by the department and accompanied by a
renewal fee of twenty-five dollars ($25.00) per right. The holder of a
security interest requesting notification under this subsection shall provide
notice to the department within sixty (60) days if the security interest is
terminated prior to the end of the requested notification period.