Idaho § 42-1764 SUBSTITUTION FOR TRANSFER PROCEEDING — RIGHTS NOT SUBJECT TO FORFEITURE — NO DEDICATION OF RIGHTS

Idaho Statutes

§ 42-1764 — SUBSTITUTION FOR TRANSFER PROCEEDING — RIGHTS NOT SUBJECT TO FORFEITURE — NO DEDICATION OF RIGHTS

Idaho § 42-1764

Title 42IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

Ch. 17DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD

This text of Idaho § 42-1764 (SUBSTITUTION FOR TRANSFER PROCEEDING — RIGHTS NOT SUBJECT TO FORFEITURE — NO DEDICATION OF RIGHTS) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 42-1764 (2026).

Text

(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 run anew upon removal of a right from 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,

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(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 run anew upon removal of a right from 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.