Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.08 - WATER APPROPRIATION RULES › Section 37.03.08.050 - CONDITIONS OF APPROVAL

Current through August 31, 2023
01.
Issuance
			 of Permits with Conditions
. The Director may issue permits with
			 conditions to insure compliance with the provisions of Title 42, Chapter 2,
			 Idaho Code, other statutory duties, the public interest, and specifically to
			 meet the criteria of Section
			 42-203A, Idaho Code, and to meet
			 the requirements of Section
			 42-203C, Idaho Code, to the
			 fullest extent possible including conditions to promote efficient use and
			 conservation of energy and water. (3-18-22)
02.
Requirements to Mitigate Impact of
			 Flow Depletion
. Permits to be reprocessed or applications approved to
			 appropriate water from the main stem of the Snake River between Milner and
			 Murphy gauging station for diversion to off-stream storage during the period
			 November 1 to March 31 shall include requirements to mitigate, in accordance
			 with the State Water Plan, the impact of flow depletions on downstream
			 generation of hydropower. (3-18-22)
03.
Applications and Existing Permits
			 That Are Junior and Subordinate
. Applications and existing permits
			 approved for hydropower generation shall be junior and subordinate to all
			 rights to the use of water, other than hydropower, within the state of Idaho
			 that are initiated later in time than the priority of the application or
			 existing hydropower permit. A subordinated permit shall not give rise to any
			 right or claim against future rights to the use of water, other than
			 hydropower, within the state of Idaho initiated later in time than the priority
			 of the application or existing hydropower permit. A permit issued for
			 hydropower purposes shall contain a term condition on the hydropower use in
			 accordance with Section
			 42-203B(6), Idaho
			 Code. (3-18-22)
04.
Permanent
			 Flow Measuring Device Requirement
. Applications approved for on-stream
			 storage reservoirs will, unless specifically waived by the Director, require
			 permanent flow measuring devices both upstream and downstream from the
			 reservoir. (3-18-22)
05.
Well
			 Spacing and Well Construction Requirements
. Applications approved for
			 diversion of groundwater may include conditions requiring well spacing and well
			 construction requirements. (3-18-22)
06.
Reprocessed Permits
. Permits
			 reprocessed pursuant to Section
			 42-203D, Idaho Code, may be
			 cancelled, modified or conditioned by the Director to make the permit comply in
			 every way with any permit that would be issued for the same purpose based upon
			 a new application processed under these rules. (3-18-22)
07.
Voiding Approval of Permit
.
			 Permits may be conditioned to authorize the Director to void the approval of
			 the permit if he determines that the applicant submitted false or misleading
			 information on the application or supporting documents. (3-18-22)
08.
Retention of Jurisdiction
.
			 The Director may condition permits to retain jurisdiction to insure compliance
			 with the design, construction and operation provisions of the permit.
			 (3-18-22)
09.
Insuring
			 Minimum Stream Flows and Prior Rights
. The Director may condition
			 permits to insure that established minimum stream flows and prior rights
			 including prior rights reserved by federal law are not injured.
			 (3-18-22)
10.
Insuring
			 Compliance with Water Quality Standards
. The Director may condition
			 permits to insure compliance with Idaho ' s water quality standards.
			 (3-18-22)
11.
Insuring
			 Assignment of Interest
. The Director may condition a permit issued for
			 trust water to require that any amendment (Section
			 42-211, Idaho Code), transfer
			 (Section 42-222, Idaho Code), or assignment
			 of interest in the permit by any method whatsoever shall not result in the
			 project failing to meet the public interest criteria of Section
			 42-203C, Idaho Code except,
			 however, lenders obtaining title to the project through default will have a
			 reasonable period of time, as determined by the Director, to meet such criteria
			 or to convey the project to a person or entity that does meet the criteria.
			 (3-18-22)