§ 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.

Legislative 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.]