Idaho Code
Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY
Section 42-205 - ISSUANCE OF PERMIT — RESTRICTIONS — PREFERENCE.

42-205. ISSUANCE OF PERMIT — RESTRICTIONS — PREFERENCE. (1) No permit shall be issued by the department of water resources of the state of Idaho, for the appropriation of water for power purposes, nor shall any such permit be assigned, transferred, mortgaged, sold or conveyed to any person, firm or corporation except in accordance with the provisions of this act.
(2) Water cannot be appropriated for hydropower development uses within or using existing man-made irrigation facilities without the permission of the owner thereof.
(3) When competing applications for a permit have been filed prior to the effective date of this act for the additional use for hydropower purposes that would utilize facilities that are owned or controlled by the holder of an existing water permit, license, decree, or established constitutional water usage, the director shall give preference to the application of the owner of the existing rights or his agent.

History:
[42-205, added 1937, ch. 142, sec. 1, p. 233; am. 1947, ch. 66, sec. 1, p. 106; am. 1981, ch. 206, sec. 1, p. 372.]

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Structure Idaho Code

Idaho Code

Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION

Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY

Section 42-201 - WATER RIGHTS ACQUIRED UNDER CHAPTER — ILLEGAL DIVERSION AND APPLICATION OF WATER — USES FOR WHICH WATER RIGHT NOT REQUIRED — EXCLUSIVE AUTHORITY OF DEPARTMENT.

Section 42-202 - APPLICATION TO APPROPRIATE WATER — CONTENTS — FILING FEES — DISPOSITION OF FEES — RECORD OF RECEIPTS.

Section 42-202A - TEMPORARY APPROVAL — APPLICATION — CRITERIA — EXCEPTIONS.

Section 42-202B - DEFINITIONS.

Section 42-203A - NOTICE UPON RECEIPT OF APPLICATION — PROTEST — HEARING AND FINDINGS — APPEALS.

Section 42-203B - AUTHORITY TO SUBORDINATE RIGHTS — NATURE OF SUBORDINATED WATER RIGHT AND AUTHORITY TO ESTABLISH A SUBORDINATION CONDITION — AUTHORITY TO LIMIT TERM OF PERMIT OR LICENSE.

Section 42-203C - HYDROPOWER WATER RIGHT — CRITERIA FOR REALLOCATION — WEIGHT — BURDEN OF PROOF.

Section 42-203D - REVIEW OF PERMITS — OPPORTUNITY FOR HEARING.

Section 42-204 - EXAMINATION — PERMIT — COMMENCEMENT OF WORK — EXTENSIONS — APPEAL.

Section 42-205 - ISSUANCE OF PERMIT — RESTRICTIONS — PREFERENCE.

Section 42-206 - RESIDENCE A REQUISITE FOR ISSUANCE.

Section 42-207 - SALE, TRANSFER, ASSIGNMENT OR MORTGAGE OF PERMIT.

Section 42-208 - CANCELLATION OR REVOCATION FOR NONCOMPLIANCE.

Section 42-209 - EFFECT OF ILLEGAL TRANSFER.

Section 42-210 - APPLICATION OF ACT.

Section 42-211 - AMENDED APPLICATION OR PERMIT — APPEALS.

Section 42-212 - DIVERSION OF PRIVATE WATERS.

Section 42-213 - DIVERSION OF PRIVATE WATERS — APPLICANTS MUST SHOW RIGHT OF WAY.

Section 42-217 - PROOF OF APPLICATION TO BENEFICIAL USE.

Section 42-217a - CERTIFIED WATER RIGHT EXAMINER.

Section 42-218 - PROOF OF APPLICATION TO BENEFICIAL USE — EXTENSION OF TIME.

Section 42-218a - LAPSE OF APPLICATION FOR FAILURE TO REQUEST EXTENSION OR SUBMIT PROOF OF APPLICATION TO BENEFICIAL USE — NOTICE OF LAPSING.

Section 42-219 - ISSUANCE OF LICENSE — PRIORITY.

Section 42-220 - EFFECT OF LICENSE.

Section 42-221 - FEES OF DEPARTMENT.

Section 42-222 - CHANGE IN POINT OF DIVERSION, PLACE OF USE, PERIOD OF USE, OR NATURE OF USE OF WATER UNDER ESTABLISHED RIGHTS — FORFEITURE AND EXTENSION — APPEALS.

Section 42-222A - TEMPORARY CHANGES DURING DROUGHT CONDITIONS.

Section 42-222B - IRRIGATION CORPORATION BOUNDARY ADJUSTMENTS.

Section 42-223 - EXCEPTIONS OR DEFENSES TO FORFEITURE.

Section 42-224 - FORFEITURE OF STOCKWATER RIGHTS.

Section 42-226 - GROUND WATERS ARE PUBLIC WATERS.

Section 42-227 - DRILLING AND USE OF WELLS FOR DOMESTIC PURPOSES EXCEPTED.

Section 42-228 - DRILLING AND USE OF WELLS FOR DRAINAGE OR RECOVERY PURPOSES EXCEPTED.

Section 42-229 - METHODS OF APPROPRIATION.

Section 42-230 - DEFINITIONS.

Section 42-231 - DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES.

Section 42-232 - GROUND WATER RECHARGE PROGRAM — NEGOTIATIONS WITH BUREAU OF RECLAMATION.

Section 42-233 - LOW TEMPERATURE GEOTHERMAL RESOURCE.

Section 42-233a - “CRITICAL GROUND WATER AREA” DEFINED — PUBLIC HEARINGS — PUBLICATION OF NOTICE — GRANTING OR DENIAL OF APPLICATION — APPEAL.

Section 42-233b - GROUND WATER MANAGEMENT AREA.

Section 42-234 - GROUND WATER RECHARGE — AUTHORITY OF DEPARTMENT TO GRANT PERMITS AND LICENSES.

Section 42-235 - DRILLING PERMITS.

Section 42-237 - ABANDONMENT OF WATER RIGHT — CHANGE OF POINT OF DIVERSION AND PLACE OF USE.

Section 42-237a - POWERS OF THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES.

Section 42-237e - APPEALS FROM ACTIONS OF THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES.

Section 42-237f - ADJUDICATION OF WATER RIGHT.

Section 42-237h - DUTIES OF THE ATTORNEY GENERAL.

Section 42-238 - WELL DRILLERS’ LICENSES AND OPERATOR PERMITS.

Section 42-238a - WATER ADMINISTRATION ACCOUNT.

Section 42-239 - INTERPRETATION.

Section 42-240 - APPLICATION FOR RIGHT TO EXCHANGE WATER — FILING FEE — NOTICE — PROTEST — HEARING — APPROVAL OR DENIAL — APPEAL.

Section 42-241 - PURPOSE.

Section 42-242 - DEFINITIONS.

Section 42-243 - FILING OF CLAIMS OF RIGHTS ESTABLISHED BY DIVERSION AND USE — FORM AND CONTENT OF CLAIM.

Section 42-244 - RECORDING OF CLAIMS BY DEPARTMENT — CORRECTIONS.

Section 42-245 - FAILURE TO FILE CLAIM WAIVES AND RELINQUISHES RIGHT.

Section 42-246 - FILING OF CLAIM NOT DEEMED ADJUDICATION OF RIGHT — EVIDENCE.

Section 42-248 - NOTIFICATION OF CHANGE IN OWNERSHIP OF A WATER RIGHT OR CHANGE OF ADDRESS OF A WATER RIGHT OWNER — NOTICE OF ACTION AFFECTING A WATER RIGHT.

Section 42-250 - WATER CONSERVATION.

Section 42-251 - APPROPRIATION OF UNAPPROPRIATED FLOWS FOR LEMHI BASIN STREAM FLOW MAINTENANCE — LEGISLATIVE FINDINGS OF FACT CONCERNING HISTORIC USE OF HIGH FLOWS IN THE LEMHI RIVER BASIN AND NEED FOR PROTECTION AND EFFECTIVE MANAGEMENT OF SUCH USE.