2012 Idaho Statutes
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 2 - APPROPRIATION OF WATER -- PERMITS, CERTIFICATES, AND LICENSES -- SURVEY
Section 42-205 - ISSUANCE OF PERMIT -- RESTRICTIONS -- PREFERENCE.
(2) Water cannot be appropriated for hydropower development uses within or using existing man-made irrigation facilities without the permission of the owner thereof.
(3) When competing applications for a permit have been filed prior to the effective date of this act for the additional use for hydropower purposes that would utilize facilities that are owned or controlled by the holder of an existing water permit, license, decree, or established constitutional water usage, the director shall give preference to the application of the owner of the existing rights or his agent.
History:
[42-205, added 1937, ch. 142, sec. 1, p. 233; am. 1947, ch. 66, sec. 1, p. 106; am. 1981, ch. 206, sec. 1, p. 372.]
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