Title 42, IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

42-1746. Funding, refunding bonds. The board may by resolution, from time to time, provide for the issuance of funding or refunding revenue bonds to fund or refund any outstanding revenue or other warrants or bonds, and any premiums thereon, and coupons evidencing interest upon a…

42-1747. Tax exemption. Bonds issued pursuant to the authority contained in this act shall be exempt from taxation under the Idaho Income Tax law.

42-1748. Construction of act. This act shall be authority for the issuance of the bonds and warrants hereby authorized, and shall be liberally construed to accomplish its purposes. Any restrictions, limitations or regulations relative to the issuance of such bonds or warrants con…

42-1749. Compelling issuance. In the event that any official required to participate in any act leading to the issuance of such bonds shall refuse to perform such act alleging as his reason illegality of the bonds to be issued, the board may institute judicial proceedings to comp…

42-1750. Revolving fund — Public policy and purpose. It is in the public interest and it is the public policy of this state, in which there are vast areas of arid land, to develop and to financially assist in and support the development of the water resources of this state throug…

42-1751. Definitions. As used in this act, unless the context requires otherwise: (a) "Board" means Idaho water resource board. (b) "Irrigation district," "canal or irrigation company," "water users’ association," "municipal corporation," or "municipality," mean such entities cre…

42-1752. Establishment of Idaho water resource board revolving development fund. There is hereby established in the state treasury a special fund to be known as the Idaho water resource board revolving development fund. All money in the fund is appropriated continuously to the bo…

42-1753. Source of fund. Funds borrowed from the revolving development fund, together with interest due thereon, shall be repaid to the board and placed in the revolving fund together with receipts and revenues of any type and nature derived from any project constructed, operated…

42-1754. Allocation of fund. The Idaho water resource board revolving development fund shall be allocated for use: (a) To the board for a project which it deems to be "in the public interest" and which, in its opinion, further implements any extant Idaho state water plan, in such…

42-1755. Projects — Plans and cost estimates — Repayment contracts — Title. When a project has been selected by the board to be constructed by the board with money made available from the revolving fund, the board shall cause plans and cost estimates of such project to be prepare…

42-1756. Loans from account — Application — Investigation — Approval — Repayment — Statement — Filing — Default. (1) Any irrigation district, canal or irrigation company, water users’ association, municipal corporation, municipality, private corporation, aquifer protection distri…

42-1757. Members of board — Conflicts of interest. No member of the board shall participate in the action of the board, nor be present during the board’s deliberations, concerning an application for a loan by an entity in which such board member is an officer, agent or employee, …

42-1758. Rules and regulations. The board may make such rules and regulations consistent with this act as it considers necessary to carry out the provisions of this act.

42-1759. Annual report and financial statement to governor and legislature. An annual report shall be made to the governor and the legislature prior to each November following the close of the year, describing the work accomplished by use of the revolving development fund and inc…

42-1760. Water management account. (1) There is hereby created and established in the trust and agency fund the water management account. All moneys in the account are appropriated continuously to the water resource board to be used and administered by it for the purposes specifi…

42-1761. Water supply bank created. The water resource board shall have the duty of operating a water supply bank. The water supply bank shall make use of and obtain the highest duty for beneficial use from water, provide a source of adequate water supplies to benefit new and sup…

42-1762. Rules and regulations — Acquisition of water rights. (1) The water resource board shall adopt rules and regulations governing the management, control, delivery and use and distribution of water to and from the water supply bank in compliance with chapter 52, title 67, Id…

42-1763. Rentals from bank — Approval by director. The terms and conditions of any rental of water from the water supply bank must be approved by the director of the department of water resources. The director of the department of water resources may reject and refuse approval fo…

42-1763B. Interim authority for rental of water to augment flows for listed anadromous fish. (1) Legislative findings and intent regarding rental of water by the U.S. bureau of reclamation in the Snake River basin within Idaho to augment lower Snake River flows for anadromous fis…

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 right…

42-1765. Local committees — Rental of stored water — Apportionment of rental proceeds. The water resource board may appoint local committees, including water district advisory committees as provided in section 42-605(6), Idaho Code, to facilitate the rental of stored water. When …

42-1765A. Lemhi river basin — Local rental committee. (1) The water resource board will appoint a local rental committee to facilitate operation of the water supply bank within the Lemhi river basin comprised of the Lemhi river and all tributary water sources. Section 42-1765, Id…

42-1765B. COEUR D’ALENE-SPOKANE RIVER BASIN — Coeur d’alene TRIBAL WATER supply BANK. (1) The water resource board shall appoint a local rental committee to facilitate operation of a water supply bank for the off-reservation lease and rental of consumptive use federal reserved wa…

42-1766. Appeals procedure for water right holders. (1) During the period of a lease, any water right holder who determines that the lease is causing a water right to which the holder is entitled, to be deprived of water to which it may be otherwise entitled, may petition the dir…

42-1767. Approval of projects — Authority of water users to contract with board — Authorizing the board’s acquisition of interest in projects. Irrigation districts, canal companies, irrigation companies, water user associations and water associations are authorized to hold electi…

42-1775. Declaration of policy and purpose. The welfare and well-being of the people of the state of Idaho is dependent upon the conservation, development and optimum use of the state’s water resources. Water development involves extensive planning, special studies, public suppor…

42-1777. Water resources adjudication fund. (1) A water resource adjudication fund is hereby created and established in the state treasury. The state controller may establish multiple fund details within the fund to account for fees collected from different adjudications. Fee mon…

42-1778. Water rights enforcement account. (1) The water rights enforcement account is hereby created and established in the agency asset fund. (2) All moneys in the water rights enforcement account are reserved, set aside, appropriated and made available until expended as may be…

42-1779. Statewide comprehensive aquifer planning and management effort. Pursuant to the provisions of Idaho law and legislative funding approval, the Idaho water resource board and the Idaho department of water resources shall conduct a statewide comprehensive aquifer planning a…

42-1780. Aquifer planning and management fund — secondary aquifer planning, management and implementation fund. (1) The aquifer planning and management fund is hereby created in the state treasury. Pursuant to appropriation, moneys in the fund shall be used for technical studies,…

42-1801. Appointment, oath and bond of director of department. The director of the department of water resources shall be appointed by the governor for a term of four (4) years commencing as of the first Monday of January, 1975, and thereafter for like terms of four (4) years com…

42-1801a. Name of department changed. Wherever the words department of reclamation or department of water administration appear in the Idaho Code they shall mean the department of water resources, and wherever the words state reclamation engineer or deputy state reclamation engin…

42-1802. Political activity prohibited. The director of the department of water resources shall not, during his incumbency, take any active part in political party management or in political campaigns, nor shall he use his official authority or influence for the purpose of interf…

42-1803. Removal. The governor may remove the director of the department of water resources for inefficiency, neglect of duty, or misconduct in office, delivering to him a copy of the charges and affording him an opportunity of being publicly heard in person or by counsel in his …

42-1804. Successor to commissioner of reclamation — State reclamation engineer — Director of department of water administration. Whenever rights, powers and duties have heretofore been vested in, or exercised by, the commissioner of reclamation, the state reclamation engineer or …

42-1805. Additional duties. In addition to other duties prescribed by law, the director of the department of water resources shall have the following powers and duties: (1) To represent the state in all matters pertaining to interstate and international water rights affecting Ida…

42-2001. Acceptance of the Carey Act. The state of Idaho accepts the conditions of section 4 of an act of congress, entitled "An act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30, 1894, and for other purposes," approved Augus…

42-2002. Duties of department. The department of water resources shall receive and file all proposals for the construction of irrigation works to reclaim lands selected under the provisions of this chapter; keep for public inspection maps or plats, on a scale of two (2) inches to…

42-2003. Proposals to construct irrigation works. Any person, company of persons, association or incorporated company, constructing, having constructed or desiring to construct, ditches, canals or other irrigation works to reclaim land under the provisions of this chapter, shall …

42-2004. Certified check to accompany proposal. A certified check for a sum not less than $250 nor more than $2500, as may be determined by the rules of the department, shall accompany each request and proposal, the same to be held as a guaranty of the execution of the contract w…

42-2005. Application for appropriation permit to be filed. The person, company of persons, association or incorporated company making application to the department of water resources for the selection of lands by the state, shall have filed with the department an application for …

42-2006. Submission of proposal to department. Immediately upon the receipt of any request and proposal, as designated in section 42-2003, it shall be the duty of the department to examine the same and ascertain if it complies with its rules and the regulations of the department …

42-2007. Action by the department on proposal for segregation. It shall be the duty of the department to satisfy itself as to the financial ability of the applicant to do the things which will be required to be done in the event the application is approved. In case of approval, t…

42-2008. Adverse report by department. In case the department of water resources shall report adversely upon the proposed irrigation works, or where requests and proposals are not approved by the department, the said department shall notify the parties making such proposal of suc…

42-2009. Contract for construction of reclamation works. Upon the withdrawal of the land by the department of the interior, it shall be the duty of the department of water resources to enter into a contract with the parties submitting the proposal, which contract shall contain co…

42-2010. Contract for construction — Limitations on terms. No contract shall be made by the department which requires a greater time than five (5) years for the construction of the works, but such time may be extended by the department for a period not exceeding three (3) years. …