2005 Idaho Code - 42-1501 — LEGISLATIVE PURPOSE -- MINIMUM STREAM FLOW DECLARED BENEFICIAL USE

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 15
                             MINIMUM STREAM FLOW
    42-1501.  LEGISLATIVE PURPOSE -- MINIMUM STREAM FLOW DECLARED BENEFICIAL
USE. The legislature of the state of Idaho hereby declares that the public
health, safety and welfare require that the streams of this state and their
environments be protected against loss of water supply to preserve the minimum
stream flows required for the protection of fish and wildlife habitat, aquatic
life, recreation, aesthetic beauty, transportation and navigation values, and
water quality. The preservation of the water of the streams of this state for
such purposes when made pursuant to this act is necessary and desirable for
all the inhabitants of this state, is in the public interest and is hereby
declared to be a beneficial use of such water. The legislature further
declares that minimum stream flow is a beneficial use of water of the streams
of this state for the purpose of protecting such waters from interstate
diversion to other states or by the federal government for use outside the
boundaries of the state of Idaho. Minimum stream flows as established
hereunder shall be prior in right to any claims asserted by any other state,
government agency, or person for out of state diversion. It is, therefore,
necessary that authority be granted to receive, consider, approve or reject
applications for permits to appropriate water of the streams of this state to
such beneficial uses to preserve such water from subsequent appropriation to
other beneficial uses under the provisions of chapter 2, title 42, Idaho Code.