There is a newer version
of
this Section
2018 Idaho Statutes
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 25 - TRANSFER AND LEASE OF CAREY ACT WATER RIGHTS
Section 42-2504 - TRANSFER OF WATER RIGHT — APPROVAL BY DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES.
Universal Citation: ID Code § 42-2504 (2018)
42-2504. TRANSFER OF WATER RIGHT — APPROVAL BY DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES. If the board of directors of the corporation operating such Carey Act systems shall refuse its consent to the transfer of such water right, a written application for permission to make the same, showing the description of the land from which and of the land to which it is proposed to transfer such water right and the amount of the water right to be so transferred and the reasons for such transfer, shall be presented to the director of the department of water resources who shall promptly make an investigation of the matter and determine whether and to what extent the canal system and the other water users thereunder shall be affected or prejudiced if such transfer is allowed.
If said director of the department of water resources finds that such transfer of water right, in the manner and to the extent applied for, will not be prejudicial to said corporation or to the other water users under said irrigation system he shall issue his certificate approving the transfer, the same to be in duplicate, one part of which shall be filed with the secretary of such corporation; the other shall be delivered to the persons applying for such transfer and recorded in connection with the instrument of conveyance or lease, and if he finds that such transfer should be made only upon certain terms and conditions, then he shall prescribe and specify the terms and conditions, upon which the transfer shall be allowed, and if they are complied with to his satisfaction, he shall issue his certificate to that effect, the same being in duplicate as herein provided.
If said director of the department of water resources decides against such transfer, then he shall make his written report, giving the reasons for such decision. Any person or the board of directors of such Carey Act corporation may contest the decision of the director pursuant to section 42-1701A(3), Idaho Code.
History:
[(42-2504) 1917, ch. 159, sec. 5, p. 484; reen. C.L. 130:5; am. 1919, ch. 171, sec. 3, p. 544; C.S., sec. 3055; I.C.A., sec. 41-2104; am. 1980, ch. 238, sec. 19, p. 549.]
Disclaimer: These codes may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
