Title 42 — IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

42-1732. Idaho water resource board. Pursuant to the provisions of article 15, section 7, of the constitution of the state of Idaho, there is hereby established as the constitutional water agency within the department of water resources the Idaho water resource board which shall …

42-1733. Organization. The business of the board shall be conducted as follows: (a) The first meeting of the board shall be held in the city of Boise within thirty (30) days following its appointment and thereafter the board shall hold no less than four (4) regular meetings annua…

42-1734. Powers and duties. The board shall, subject to the provisions of chapter 52, title 67, Idaho Code, have the following powers and duties: (1) To have and exercise all of the rights, powers, duties and privileges vested by article XV, section 7, of the constitution of this…

42-1734A. Comprehensive state water plan. (1) The board shall, subject to legislative approval, progressively formulate, adopt and implement a comprehensive state water plan for conservation, development, management and optimum use of all unappropriated water resources and waterw…

42-1734B. Board procedures for adopting a comprehensive state water plan. (1) Prior to the adoption of the comprehensive state water plan or any component of the comprehensive plan, the board shall conduct hearings in the manner provided in section 42-1734A, Idaho Code. (2) In th…

42-1734C. Status of comprehensive state water plan before federal agencies. The comprehensive state water plan required by this chapter shall be submitted to the federal energy regulatory commission, and the pacific northwest electric power and conservation planning council, and …

42-1734D. Designation of interim protected rivers. (1) Prior to the adoption of a comprehensive plan for a waterway, the board may designate a waterway as an interim protected river. Any state agency may petition the board to designate a waterway as an interim protected river. Th…

42-1734E. Remedies. (1) The attorney general, at the request of the board, shall commence a civil action to enjoin any person violating any provision of this chapter and to recover actual damages in that amount required to restore a protected river and its riparian area to a cond…

42-1734F. Rights not affected. (1) No provision of this chapter, or any rules or regulations promulgated pursuant to this chapter, shall in any way limit, restrict, or conflict with approved applications for the appropriation of water or with vested property rights existing on th…

42-1734G. Water rights. No provisions of this chapter, or any rules or regulations promulgated pursuant to this chapter, shall be construed to establish a water right. Any water rights necessary to fulfill the purposes of this chapter shall be obtained pursuant to the provision o…

42-1734H. Designation of particular rivers as interim protected rivers. (1) The board shall designate the following waterways as interim protected rivers pursuant to section 42-1734D, Idaho Code: (a) Priest River, from the Canadian Border to the confluence of Priest Lake; (b) Sou…

42-1734I. Designation under federal law. Designation of a waterway as a protected river pursuant to this chapter shall not be a basis for seeking inclusion of such waterway in the national wild and scenic rivers system pursuant to 16, United States Code section 1273(a)(ii) unless…

42-1735. Appointment of counsel — Hearing officers. The board may appoint legal counsel or may retain private counsel independent of the counsel appointed by the director of the department. The board may utilize hearing officers during any hearing processes which are assigned to …

42-1736B. Water resource policy actions. (1) All future filings, permits and decrees on the unappropriated waters of this state shall be determined with respect to the effect such filings, permits and decrees will have on the minimum daily flow of the affected stream or river, or…

42-1737. Board approval — Criteria — Hearings — Appeals — Defining a misdemeanor — Injunctions. (a) All project proposals involving the impoundment of water in a reservoir with an active storage capacity in excess of ten thousand (10,000) acre-feet, or the diversion of natural fl…

42-1738. Vested water rights protected — Policy of project operation after pay-out defined. The board shall have no power or authority to do, and shall be and is prohibited from doing, any thing or act which would modify, set aside or alter any existing right or rights to the use…

42-1739. Bond authorization. The Idaho water resource board is authorized, for the purpose of carrying out the lawful powers granted it by the laws of this state, to contract indebtedness and issue revenue bonds evidencing such indebtedness in conformity with this chapter.

42-1740. Purposes. All revenue bonds authorized under the terms of this act may be issued and sold from time to time and in such amounts as are deemed necessary to provide sufficient funds for carrying out all its powers and, without limiting the generality thereof, shall include…

42-1741. Form. Revenue bonds shall bear such date or dates, mature at such time or times, bear interest at a rate or rates, be payable at such place or places, be in such form either coupon or registered or both, carry such registration privileges and be subject to such terms of …

42-1742. Special funds. Bonds issued under the provisions of this act shall be payable solely out of revenues of the Idaho water resource board. Such bonds shall be authorized by resolution, which resolution shall create a special fund or funds into which the Idaho water resource…

42-1743. Covenants. The board may provide such covenants as it may deem necessary to secure and guarantee the payment of the principal of and interest on such bonds, including but not limited to covenants to create reserve accounts and to authorize the deposit of certain moneys t…

42-1744. Issuance. Such bonds shall be signed on behalf of the board by the chairman of the board and shall be attested by the secretary of the board, one of which signatures may be a facsimile signature, and shall have the seal or facsimile seal of the board impressed or imprint…

42-1745. Warrants. The board may also issue revenue warrants for the same purposes for which they may issue revenue bonds and the provisions of this act relating to the terms, conditions, covenants, issuance and sale of revenue bonds shall be applicable to such revenue warrants.

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…

42-1766. 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…

42-1776. Water resources conservation and development trust account. There is hereby created and established in the agency asset fund the water resources conservation and development trust account. All moneys in the account are to be utilized by the Idaho water resources board, u…

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…