2005 Idaho Code - 42-1764 — SUBSTITUTION FOR TRANSFER PROCEEDING -- RIGHTS NOT SUBJECT TO FORFEITURE -- NO DEDICATION OF RIGHTS

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 17
                       DEPARTMENT OF WATER RESOURCES --
                             WATER RESOURCE BOARD
    42-1764.  SUBSTITUTION FOR TRANSFER PROCEEDING -- RIGHTS NOT SUBJECT  TO
FORFEITURE -- NO DEDICATION OF RIGHTS. (1) The approval of a rental of water
from the water supply bank may be a substitute for the transfer proceeding
requirements of section 42-222, Idaho Code.
    (2)  Water rights obtained by the board or by a local committee appointed
by the board and credited to the water supply bank are not subject to
forfeiture for nonuse pursuant to section 42-222(2), Idaho Code, while
retained in or rented from the water supply bank. The five (5) year period of
nonuse for forfeiture of a water right shall begin to accrue upon removal of a
right from the bank by the owner of the right if a period of nonuse did not
occur prior to the date of acceptance of the right into the bank. The five (5)
year period of nonuse shall continue to accrue if a period of nonuse occurred
prior to the effective date of acceptance of the right into the bank and the
right was not beneficially used while in the bank.
    (3)  The rental of water rights from the water supply bank shall not
constitute a dedication to the lands of any renter since the rental or
distribution of water by the water bank is only incidental to its primary
purposes listed in section 42-1761, Idaho Code.