Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.03 - WATER SUPPLY BANK RULES › Section 37.02.03.030 - SALE OR RENTAL OF WATER RIGHTS FROM THE BOARD'S WATER SUPPLY BANK

Current through August 31, 2023
01.
General
. The Board may in
			 its discretion initiate the process to sell or rent water rights from the
			 Board's water supply bank to achieve the purposes stated in Rule
			 1. The Board may from time to time,
			 as water rights are available, authorize the Director to announce the
			 availability of the rights from the Board's water supply bank, establishing a
			 time and date for receiving applications in the office of the Director to
			 purchase or rent the water rights. An application shall be on a form or in a
			 format provided by the Director. The sale or rental price shall be the price,
			 if any, as determined by the Board. The Director will evaluate applications
			 with respect to the purposes of Rule
			 1, as to whether there will be injury
			 to other water rights, whether the proposal would constitute an enlargement of
			 the water right, whether the water will be put to a beneficial use, whether the
			 water supply available from applicable rights in the Board's water supply bank
			 is sufficient for the use intended, and whether the proposal is in the local
			 public interest. For applications submitted pursuant to the interim authority
			 provided by Section
			 42-1763A, Idaho Code, the Director
			 will only make an evaluation as to whether the proposed use of water will cause
			 injury to other water rights. The Director may defer the evaluation of
			 potential injury to other water rights conditioned upon the right of any
			 affected water right holder to petition the Director pursuant to Section
			 42-1766, Idaho Code, to revoke or
			 modify the rental approval upon a showing of injury. (3-18-22)
02.
Notice
. The Director may
			 give notice of an intended rental as he deems necessary, provided that prior to
			 approving any application for purchase, or for rental for a period of more than
			 five (5) years, he shall give notice as required in Section
			 42-222(1), Idaho
			 Code. (3-18-22)
03.
Approval
. Sale or rental shall be approved only for use of water
			 within the state of Idaho. 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 Section
			 42-401(3), Idaho
			 Code, except that this evaluation shall not be required for applications
			 submitted pursuant to the interim authority provided by Section
			 42-1763A, Idaho Code.
			 (3-18-22)
04.
Consideration
. All applications received on or prior to the
			 announced date for receiving applications shall be considered as having been
			 received at the same time. Applications received after the close of the
			 application date may be considered only if sufficient available water remains
			 in the Board's water supply bank after all acceptable, timely applications have
			 been filed. (3-18-22)
05.
Authorized to Rent
. The Director is authorized to rent water
			 rights offered by the Board from the Board's water supply bank for a period up
			 to five (5) years, but shall submit applications for purchase, or rental for a
			 period of more than five (5) years to the Board for action. The Director will
			 advise the Board on applications which require Board approval under Rule
			 Subsection 025.06 whether he can approve
			 the application in whole or in part or with conditions to comply with Section
			 42-1763, Idaho Code.
			 (3-18-22)
06.
Board
			 Review
. The Board will review applications for purchase or which propose
			 the rental of water rights for a duration of more than five (5) years, and may
			 approve, approve with conditions or may reject the applications as the Board
			 determines to best meet the purposes of Rule
			 1 and promote the interest of the
			 people of the state of Idaho. (3-18-22)
07.
Order of Consideration
. When
			 renting water from the bank, the Director and the Board shall consider rental
			 of water rights in the order the rights were leased to the bank, with first
			 consideration for the rights which have continuously been in the bank the
			 longest period of time provided the rights are suitable for the purpose of the
			 renter. (3-18-22)