reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1731 - DEFINITIONS.

42-1731. DEFINITIONS. For the purpose of this chapter:
(1) "Alteration" means any activity using mechanized equipment that moves or overturns gravel or earth.
(2) "Board" means the Idaho water resource board.
(3) "Comprehensive state water plan" means the plan adopted by the board pursuant to section 42-1734A, Idaho Code, or a component of such plan developed for a particular water resource, waterway or waterways and approved by the legislature.
(4) "Dredge or placer mining" means any dredge or other placer mining operation to recover minerals with the use of a dredge boat or sluice washing plant whether fed by bucket line as a part of such dredge or by a separate dragline or any other method including, but not limited to, suction dredges which are capable of moving more than two (2) cubic yards per hour of earth material.
(5) "Hydropower project" means any development which uses a flow of water as a source of electrical or mechanical power, or which regulates the flow of water for the purpose of generating electrical or mechanical power. A hydropower project development includes all powerhouses, dams, water conduits, transmission lines, water impoundments, roads, and other appurtenant works and structures.
(6) "Interim protected river" means a waterway designated pursuant to section 42-1734D or 42-1734H, Idaho Code, as protected for up to two (2) years while a component of the comprehensive state water plan is prepared for that waterway.
(7) "Natural river" means a waterway which possesses outstanding fish and wildlife, recreation, geologic or aesthetic values, which are free of substantial existing man-made impoundments, dams or other structures, and of which the riparian areas are largely undeveloped, although accessible in places by trails and roads.
(8) "Protected river" means a waterway protected in the comprehensive state water plan by designation as either a natural river or a recreational river.
(9) "Recreational river" means a waterway which possesses outstanding fish and wildlife, recreation, geologic or aesthetic values, and which might include some man-made development within the waterway or within the riparian area of the waterway.
(10) "Riparian area" means that area within one hundred (100) feet of the mean highwater mark of a waterway.
(11) "State agency" means any board, commission, department or executive agency of the state of Idaho.
(12) "Stream bed" means a natural water course of perceptible extent with definite bed and banks, which confines and conducts the water of a waterway which lies below and between the ordinary high water mark on either side of that waterway.
(13) "Waterway" means a river, stream, creek, lake or spring, or a portion thereof, and shall not include any tributary thereof.
History:
[42-1731, added 1988, ch. 370, sec. 3, p. 1092.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1732 - IDAHO WATER RESOURCE BOARD.

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 consist of eight (8) appointed members. The eight (8) appointed members shall be qualified electors of the state, no more than four (4) of whom shall be members of the same political party. Appointment of board members shall be made solely upon consideration of their knowledge, interest and active participation in the field of reclamation, water use or conservation and no member shall be appointed a member of the board unless he shall be well informed upon, interested in, and engaged actively in the field of reclamation, water use or conservation of water. Four (4) of these members shall be appointed at large and no more than three (3) of the eight (8) members shall be residents of a single district. To insure representation of water users of all geographic locations of the state, one (1) member shall be appointed from each of the following districts:
District No. 1 which shall consist of the counties of Boundary, Bonner, Kootenai, Shoshone, Benewah, Latah, Clearwater, Nez Perce, Lewis and Idaho;
District No. 2 which shall consist of the counties of Adams, Valley, Washington, Payette, Gem, Boise, Canyon, Ada, Elmore and Owyhee;
District No. 3 which shall consist of the counties of Camas, Gooding, Jerome, Twin Falls, Cassia, Blaine, Lincoln, Minidoka, Lemhi, Custer and Butte;
District No. 4 which shall consist of the counties of Clark, Fremont, Jefferson, Madison, Teton, Bingham, Bonneville, Power, Bannock, Caribou, Oneida, Franklin and Bear Lake.
All appointments shall be made by the governor with the advice and consent of the senate. As soon as practicable after passage of this act, the governor shall appoint all eight (8) members; four (4) members shall be appointed to terms which will expire on January 1, 1967, four (4) members shall be appointed to terms which will expire on January 1, 1969, and thereafter all appointments shall be to four (4) year terms. Any vacancy caused by death, removal, disqualification, or resignation, shall be filled by the governor for the unexpired term caused by the vacancy. The appointed members shall be compensated as provided by section 59-509(h), Idaho Code.
History:
[42-1732, added 1965, ch. 320, sec. 2, p. 901; am. 1974, ch. 20, sec. 22, p. 533; am. 1980, ch. 247, sec. 42, p. 612.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1734C - STATUS OF COMPREHENSIVE STATE WATER PLAN BEFORE FEDERAL AGENCIES.

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 any other federal agencies as the state water plan for the conservation, development, management and optimum use of the state of Idaho’s water resource.
History:
[42-1734C, added 1988, ch. 370, sec. 5, p. 1099.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1734E - REMEDIES.

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 condition reasonably comparable to that existing prior to the violation.
(2) It shall be the duty of the attorney general to institute and prosecute all enforcement actions provided for in this chapter.
History:
[42-1734E, added 1988, ch. 370, sec. 5, p. 1100.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1734F - RIGHTS NOT AFFECTED.

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 the date a waterway is designated for protected river status or interim protected river status. For the purpose of this chapter, nonvested rights shall include, but not be limited to, pending applications for state mining permits or mineral leases, and pending applications for the appropriation of water.
(2) No provision of this chapter, or any rules or regulations promulgated pursuant to this chapter shall bar a water user or his agent from cleaning, maintaining or replacing a water diversion structure existing on or before the date a river is designated as protected. A water user or his agent may remove any obstructions from the stream channel, if such obstruction interferes with the delivery of, or use of, water under any existing water right. The provisions of this section do not relieve a person from complying with any other applicable laws.
(3) Nothing in this act shall prevent or restrict the relicensing of existing hydropower projects that have been previously licensed by the federal energy regulatory commission and which have generated electricity. Any designation of waterways as interim protected rivers or protected rivers shall not affect the operation or relicensing, including but not limited to the expansion of capacity which does not enlarge existing boundaries or project impoundments of any hydropower project existing and that has been previously licensed by the federal energy regulatory commission and which have generated electricity as of the date of the designation.
History:
[42-1734F, added 1988, ch. 370, sec. 5, p. 1100.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1734G - WATER RIGHTS.

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 of chapter 2 or chapter 15, title 42, Idaho Code.
History:
[42-1734G, added 1988, ch. 370, sec. 5, p. 1101.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1734H - DESIGNATION OF PARTICULAR RIVERS AS INTERIM PROTECTED RIVERS.

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) South Fork of the Boise River, from Anderson Ranch Dam to Neal Bridge;
(c) Snake River, from Section 5, Township 11 South, Range 20 East, B.M. to King Hill;
(d) The following waterways within the Payette River Basin:
1. North Fork of the Payette River, from Cabarton Bridge to Banks;
2. South Fork of the Payette River, from the Sawtooth Wilderness Boundary to Banks;
3. Main Payette River, from Banks to Black Canyon Dam; and
(e) Henry’s Fork of the Snake River from its point of origin at Henry’s Lake to the point of its confluence with the backwaters of Ashton Reservoir.
(2) The board shall determine which of the activities listed in subsection (5) of section 42-1734A, Idaho Code, shall be prohibited.
History:
[42-1734H, added 1988, ch. 370, sec. 5, p. 1101.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1734I - DESIGNATION UNDER FEDERAL LAW.

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 the act designating the waterway as a protected river specifically requests the governor to seek inclusion of the waterway in the national wild and scenic rivers system.
History:
[42-1734I, added 1988, ch. 370, sec. 5, p. 1101.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1735 - APPOINTMENT OF COUNSEL — HEARING OFFICERS.

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 the board by law.
History:
[42-1735, added 1965, ch. 320, sec. 5, p. 901; am. 1974, ch. 20, sec. 24, p. 533.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1736B - WATER RESOURCE POLICY ACTIONS.

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 on the maintenance level of the affected lake or reservoir.
(2) All water plans and development projects proposed by the water resource board shall be subject to review and approval of the legislature, except that those projects funded from the water resource board revolving development account of less than five hundred thousand dollars ($500,000) need not have prior legislative approval.
(3) In further recognition of the authority granted by law to the water resource board by the provisions of section 42-1734, Idaho Code, and in further recognition of the right of the legislature to review and approve the actions of the water resource board, the water resource board is specifically directed:
(a) To inventory all of the unappropriated waters of this state;
(b) To recommend to the legislature appropriations in trust for the people of Idaho for specific purposes;
(c) To develop a list of specific proposals for storage of any unappropriated waters of this state, which proposals shall show location, costs, and proposed uses and benefits;
(d) To take all necessary actions to assure that Idaho citizens shall not be denied the right to divert and appropriate to beneficial uses, under the provisions of article XV of the constitution of the state of Idaho, the unappropriated waters of this state.
History:
[42-1736B, added 1978, ch. 345, sec. 2, p. 886.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1738 - VESTED WATER RIGHTS PROTECTED — POLICY OF PROJECT OPERATION AFTER PAY-OUT DEFINED.

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 of water or the priority of such use as established under existing laws except where the board acquires the consent of the owner or exercises the right of eminent domain as herein provided. It is the policy of the legislature to favor those projects with contractual agreements which provide that, upon completion of revenue bond pay-out, the project will revert to the ownership and management of that group or entity, public or private, which has paid for the project.
History:
[42-1738, added 1965, ch. 320, sec. 8, p. 901.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1739 - BOND AUTHORIZATION.

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.
History:
[42-1739, added 1965, ch. 319, sec. 1, p. 898.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1740 - PURPOSES.

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 the following: acquisition of water rights, rehabilitation and repair of existing irrigation projects and irrigation facilities, and construction, maintenance, repair and operation of water projects, engineering and other costs for investigation and promotion of water projects, fiscal and legal expenses, cost of issuance of bonds including printing and advertising expenses, the establishment of bond reserves, and payment of interest on bonds.
History:
[42-1740, added 1965, ch. 319, sec. 2, p. 898; am. 1981, ch. 90, sec. 2, p. 128; am. 2005, ch. 362, sec. 3, p. 1149.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1741 - FORM.

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 redemption as the Idaho water resource board shall by resolution determine.
History:
[42-1741, added 1965, ch. 319, sec. 3, p. 898; am. 1970, ch. 133, sec. 5, p. 309.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1742 - SPECIAL FUNDS.

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 board shall obligate and bind the board to set aside and pay any part or parts of, or all of, or a fixed proportion of, or a fixed amount of the available revenue of the board sufficient to pay the principal of and interest on such bonds as the same shall become due and, if deemed necessary, to maintain adequate reserves therefor. No appropriated moneys shall be paid into such special fund or funds provided that any loan repayments to the Idaho water resource board, regardless of the source of funds for the loan, may be deposited to such fund or funds. Such fund or funds shall be drawn upon for the sole purpose of paying the principal of and interest on bonds issued pursuant to this act.
The bonds shall be negotiable instruments within the provisions and intent of the negotiable instrument laws of this state even though they shall be payable solely from such special fund or funds. The bonds and any coupons attached thereto shall state upon their face that they are payable solely from such special fund or funds. If the board fails to set aside and pay into such fund or funds the payments provided for in such resolution, the holder of any such bonds may bring suit to compel compliance with the provisions of the resolution.
History:
[42-1742, added 1965, ch. 319, sec. 4, p. 898; am. 2003, ch. 80, sec. 2, p. 256.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1743 - COVENANTS.

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 therein for the purpose of securing and guaranteeing the payment of such principal and interest, to appoint a state or national bank or trust company as trustee for the bondholders to hold, invest and disburse moneys set aside and pledged to pay and guarantee the payment of such bonds and/or as a trustee for safeguarding the disbursing of the proceeds of the sale of such bonds, to fix such powers and duties of such trustee or trustees as may be found necessary to carry out the purpose of this act, and to make any and all other covenants not inconsistent with the provisions of this act which in the judgment of the board will increase the marketability of such bonds. The board may also provide that revenue bonds payable out of the same source or sources may be later issued on a parity with any revenue bonds being issued and sold. The provisions of this act and any resolution or resolutions providing for the authorization, issuance and sale of such bonds shall constitute a contract with the holders of such bonds and the provisions thereof shall be enforceable by any owner or holder of such bonds by any appropriate suit, action or proceeding in any court of competent jurisdiction.
History:
[42-1743, added 1965, ch. 319, sec. 5, p. 898.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1744 - ISSUANCE.

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 imprinted thereon. All interest coupons attached thereto may be signed with the facsimile signatures of such officials. Such bonds shall be sold in the manner and at such price as the board shall deem advisable, either at public or private sale.
History:
[42-1744, added 1965, ch. 319, sec. 6, p. 898.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1745 - WARRANTS.

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.
History:
[42-1745, added 1965, ch. 319, sec. 7, p. 898.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1746 - FUNDING, REFUNDING BONDS.

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 any such bonds at or before the maturity or first optional redemption date of such coupons, warrants or bonds, and may combine various outstanding revenue warrants and parts or all of various series and issues of outstanding revenue bonds and matured coupons in the amount thereof to be funded or refunded. Revenue bonds may be refunded only at maturity, upon call for redemption in accordance with their terms or with consent of the holder.
The board shall create a special fund or funds for the sole purpose of paying the principal of and interest on such funding or refunding revenue bonds, into which fund the board shall obligate and bind the board to set aside and pay any part or parts of, or all of, or a fixed proportion of, or a fixed amount of the available revenue of the board sufficient to pay such principal and interest as the same shall become due, and if deemed necessary to maintain adequate reserves therefor.
Such funding or refunding bonds shall be negotiable instruments within the provisions and intent of the negotiable instrument laws of this state.
The board may exchange such funding or refunding bonds for the warrants, bonds, and coupons being funded or refunded, or it may sell such funding or refunding bonds in the manner and at such price as the board shall deem to be in the best interest of the state, either at public or private sale, or may both exchange and sell.
The provisions of this act relating to the terms, conditions, covenants, issuance, and sale of revenue bonds shall be applicable to such funding or refunding bonds except as may be otherwise specifically provided in this section.
History:
[42-1746, added 1965, ch. 319, sec. 8, p. 898.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1747 - TAX EXEMPTION.

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.
History:
[42-1747, added 1965, ch. 319, sec. 9, p. 898.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1748 - CONSTRUCTION OF ACT.

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 contained in any other act shall not apply to the bonds or warrants issued under this act. Any act inconsistent herewith shall be deemed modified to conform with the provisions of this act for the purpose of this act only.
History:
[42-1748, added 1965, ch. 319, sec. 10, p. 898.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1749 - COMPELLING ISSUANCE.

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 compel such step to be taken and legality of the bonds to be determined.
History:
[42-1749, added 1965, ch. 319, sec. 11, p. 898.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1750 - REVOLVING FUND — PUBLIC POLICY AND PURPOSE.

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 through the construction of water projects, including the rehabilitation, improvement, or extension of existing systems or facilities relating thereto, and to achieve that end, to create an Idaho water resource board revolving development fund to be used for that purpose.
History:
[42-1750, added 1969, ch. 333, sec. 1, p. 1051.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1751 - DEFINITIONS.

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 created and existing under the laws of the state of Idaho.
(c) "Construction" means the construction, in whole or in part, of a new project, or the improvement or renovation, in whole or in part, of an existing project, or both such construction and improvement or renovation.
(d) "Project" means any project by means of which water shall be utilized or benefits accrue within this state for purposes within the limitations of this act.
(e) "Revolving fund" means Idaho water resource board revolving development fund.
History:
[42-1751, added 1969, ch. 333, sec. 2, p. 1051.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1752 - ESTABLISHMENT OF IDAHO WATER RESOURCE BOARD REVOLVING DEVELOPMENT FUND.

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 board to be used and administered by it for the purpose of developing the state’s water resources, and shall not be subject to the provisions of the Standard Appropriations Act of 1945 or section 67-3516, Idaho Code.
History:
[42-1752, added 1969, ch. 333, sec. 3, p. 1051.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1753 - SOURCE OF FUND.

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, or maintained, in whole or in part, with moneys from the revolving fund, revenues received over and above the cost of projects financed by revenue bonds, revenues collected by or on behalf of water user entities for the purpose of repaying indebtedness under applicable statutory authority, revenues received from the sale of state land acquired by the board for water projects, surplus revenues from the sale of Carey Act (Title 43 USCA s. 641) lands, revenues received from the lease of water rights, fees received from water deliveries which are in excess of costs on projects sponsored by the board, gifts or grants from any source when the same are made for purposes consistent with those for which the revolving fund is established, and moneys from any other appropriate source.
History:
[42-1753, added 1969, ch. 333, sec. 4, p. 1051; am. 2005, ch. 362, sec. 4, p. 1150.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1754 - ALLOCATION OF FUND.

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 amounts as are necessary for preparation of a feasibility study of the project, engineering services in preparing designs and specifications, and for construction of the project.
(b) As loans from the revolving development fund which may be approved by the board and made to irrigation districts, canal or irrigation companies, water users’ associations, municipal or private corporations, or, in special cases when approved by the board, to individuals to finance project costs, provided, however, that no loans shall be made to finance feasibility studies except as a part of overall project costs.
(c) To establish reserve accounts or guarantee funds in the state treasury to aid in the funding of water projects. Interest earned on such moneys invested by the state treasurer shall be paid into the water resource board revolving development fund.
(d) To the board to finance joint ventures for project construction with federal agencies, neighboring states, legal subdivisions of the state, private corporations, or other organizations, and including the costs of feasibility studies, investigations, and other preparatory expenses, for purposes consistent with those for which the fund is established, and the board is authorized to use the fund for these purposes.
(e) To the board to finance feasibility studies, investigations, and other preparatory expenses for projects it intends to fund through the sale of revenue bonds or through use of funds from other sources.
(f) To the board for payment of costs associated with the issuance and repayment of the board’s revenue bonds.
History:
[42-1754, added 1969, ch. 333, sec. 5, p. 1051; am. 1979, ch. 154, sec. 1, p. 469; am. 2005, ch. 362, sec. 5, p. 1150.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1755 - PROJECTS — PLANS AND COST ESTIMATES — REPAYMENT CONTRACTS — TITLE.

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 prepared and the board is authorized to enter into a contract or contracts for construction of such project after legislative approval. The board shall insure that water developed or conserved by any such project shall be utilized or benefits accrue within this state, and it shall enter into appropriate repayment contracts with the project water users. The board shall assess against any project water user such charge as, in the opinion of the board, is necessary and reasonable for the maintenance and operation of the project during the repayment period and for repayment to the revolving fund of the amount allocated therefrom for making the feasibility study and for construction of the project, including costs for engineering services, design, specifications, and other preparatory expenses. All money allocated to the project from the revolving fund shall be repaid as determined by the board, provided that the repayment period shall not exceed 60 years.
Title to all projects constructed by the board with money from the revolving fund shall vest in the board. At the end of the repayment period, the board shall make a determination, guided by the principles set forth in the act under which it operates, as to whether or not it is in the public interest to turn title to such project over to the users of such project. Its action shall be based upon such determination, and the board is specifically authorized to convey title to the project to those who use the water from such project if it finds this to be in the public interest.
History:
[42-1755, added 1969, ch. 333, sec. 6, p. 1051.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1757 - MEMBERS OF BOARD — CONFLICTS OF INTEREST.

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, or in which such board member has any interest.
History:
[42-1757, added 1969, ch. 333, sec. 8, p. 1051.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1758 - RULES AND REGULATIONS.

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.
History:
[42-1758, added 1969, ch. 333, sec. 9, p. 1051.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1759 - ANNUAL REPORT AND FINANCIAL STATEMENT TO GOVERNOR AND LEGISLATURE.

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 including a complete financial statement.
History:
[42-1759, added 1969, ch. 333, sec. 10, p. 1051.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1761 - WATER SUPPLY BANK CREATED.

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 supplemental water uses, and provide a source of funding for improving water user facilities and efficiencies.
History:
[42-1761, added 1979, ch. 193, sec. 1, p. 560.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1762 - RULES AND REGULATIONS — ACQUISITION OF WATER RIGHTS.

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, Idaho Code.
(2) The board may contract with lessors and lessees to act as an intermediary in facilitating the rental of water. The board may purchase, lease, or otherwise obtain decreed, licensed or permitted water rights to be credited to the water supply bank. The use to which the owner is entitled under the water right shall be reduced by the portion of the water right leased to the bank. The water rights may be retained in the water supply bank for a period as determined by the board, all under such provisions as are specified in the terms of the purchase or lease.
History:
[42-1762, added 1979, ch. 193, sec. 2, p. 560; am. 1990, ch. 318, sec. 1, p. 869.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1763 - RENTALS FROM BANK — APPROVAL BY DIRECTOR.

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 for or may partially approve for a less quantity of water or may approve upon conditions any proposed rental of water from the water supply bank where the proposed use is such that it will reduce the quantity of water available under other existing water rights, the water supply involved is insufficient for the purpose for which it is sought, the rental would cause the use of water to be enlarged beyond that authorized under the water right to be rented, the rental will conflict with the local public interest as defined in section 42-202B, Idaho Code, or the rental will adversely affect the local economy of the watershed or local area within which the source of water for the proposed use originates, in the case where the place of use is outside of the watershed or local area where the source of water originates. The director shall consider in determining whether to approve a rental of water for use outside of the state of Idaho those factors enumerated in subsection (3) of section 42-401, Idaho Code.
History:
[42-1763, added 1979, ch. 193, sec. 3, p. 561; am. 1990, ch. 318, sec. 2, p. 869; am. 1992, ch. 101, sec. 1, p. 319; am. 2003, ch. 298, sec. 5, p. 813.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1764 - SUBSTITUTION FOR TRANSFER PROCEEDING — RIGHTS NOT SUBJECT TO FORFEITURE — NO DEDICATION OF RIGHTS.

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.
History:
[42-1764, added 1979, ch. 193, sec. 4, p. 561; am. 1990, ch. 318, sec. 3, p. 869.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1765 - LOCAL COMMITTEES — RENTAL OF STORED WATER — APPORTIONMENT OF RENTAL PROCEEDS.

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 so appointed, the committee shall have the authority to market stored water between consenting owners and consenting renters under rules and regulations adopted by the board. The director of the department of water resources may approve a general lease which the local rental committee may utilize to meet the approval requirements enumerated in section 42-1763, Idaho Code.
In exercising its authority under this section, the local rental committee, if also the advisory committee of a water district, shall determine, in advance, at the annual meeting of water users of the water district held pursuant to section 42-605, Idaho Code, each year, that portion of the proceeds for the year from the lease of stored water to be paid to consenting contract holders of the storage water rights as reimbursement for their costs and that portion to be retained by the district in which the committee is located. Any proceeds retained by a district shall be used exclusively by the advisory committee of the water district for public purposes as set forth in section 42-613A, Idaho Code, and as provided by resolutions adopted by the water users of the district.
History:
[42-1765, added 1979, ch. 193, sec. 5, p. 562; am. 1986, ch. 78, sec. 2, p. 236; am. 1992, ch. 339, sec. 22, p. 1030.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1765A - LEMHI RIVER BASIN — LOCAL RENTAL COMMITTEE.

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, Idaho Code, and the board’s water supply bank rules applicable to the operation of a storage water rental pool shall apply to the operation of the water supply bank in the Lemhi river basin, except as inconsistent with this section.
(2) When so appointed, the local rental committee for the Lemhi river basin shall have authority to rent natural flow water rights between consenting owners and consenting renters.
(3) Rights to the use of water for a portion of the approved period of use under a water right may be accepted into the water supply bank and rented out to satisfy the board’s minimum stream flow water right authorized under section 42-1506, Idaho Code, provided the owner demonstrates to the satisfaction of the director that there will be an equivalent reduction in the extent of beneficial use made under the right.
History:
[42-1765A, added 2001, ch. 373, sec. 2, p. 1310.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1766 - APPEALS PROCEDURE FOR WATER RIGHT HOLDERS.

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 director of the department of water resources to revoke or modify the lease. Upon such a petition, the director shall cause an investigation to be made and may hold hearings or gather information in some other manner. In the event that the director finds that an interference is occurring, he may revoke or require the lease to be modified to insure that no injury to other water rights occurs.
(2) Any person feeling aggrieved by a decision or action of the director shall be entitled to contest the action of the director pursuant to section 42-1701A(3), Idaho Code.
History:
[42-1766, added 1979, ch. 193, sec. 6, p. 562; am. 1980, ch. 238, sec. 18, p. 549.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1767 - APPROVAL OF PROJECTS — AUTHORITY OF WATER USERS TO CONTRACT WITH BOARD — AUTHORIZING THE BOARD’S ACQUISITION OF INTEREST IN PROJECTS.

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 elections, subject to the provisions of section 34-106, Idaho Code, for the purpose of submitting a question to their qualified voters, members or stockholders, as the case may be, as to whether the district, company or association should finance the projects and facilities through the Idaho water resource board for the purposes set forth in section 42-1740, Idaho Code. A two-thirds (2/3) vote is required to approve the project. Any irrigation district, canal company, irrigation company, water user association or water association, is hereby authorized to enter into any agreement or agreements with the board with respect to an approved project within the state of Idaho, including but not limited to, agreements providing for the sale, lease or other transfer of title to real and personal property or providing for the maintenance or operation of projects rehabilitated or repaired, or pertaining to the loan or grant of funds for such projects, and said irrigation district, canal company, irrigation company, water user association or water association is hereby authorized to levy assessments as may be necessary therefor. The statutory rights and duties of any such entity shall not in any way be limited or diminished due to any such agreement or agreements with the board. In the event the board acquires an ownership interest, the board shall not assume any liabilities thereon as a result of such transfer of ownership, provided however, that it shall not acquire any voting rights in any irrigation district, canal company, water user’s association or similar entity as a result thereof.
History:
[42-1767, added 1981, ch. 90, sec. 3, p. 128; am. 1995, ch. 118, sec. 58, p. 473.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1775 - DECLARATION OF POLICY AND PURPOSE.

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 support and efficient implementation. The people of Idaho declared their intention to develop the state’s water resources in the Idaho constitution, article 15, section 7, providing for a state water plan. Funding by the state of Idaho will insure timely implementation of water projects in the public interest.
History:
[42-1775, added 1979, ch. 325, sec. 1, p. 884.]