42-217. PROOF OF APPLICATION TO BENEFICIAL USE. (1) On or before the date set for the beneficial use of waters appropriated under the provisions of this chapter, or the date set for submission of an incremental statement of completion showing proof of beneficial use, the permit holder shall submit a statement on a form furnished by the department of water resources that the permit holder has used such water for the beneficial purpose allowed by the permit. The statement shall include:
(a) The name and post office address of the permit holder;
(b) The permit number;
(c) A description of the extent of the use;
(d) In the case of a municipal provider, a description of the current service area;
(e) The source of the water used; and
(f) Such other information as shall be required by the department’s form.
(2) Such written statement shall include fees as provided in subsection K. of section 42-221, Idaho Code, or a field examination report prepared by a certified water right examiner. For permits held by a municipal provider for reasonably anticipated future needs, such statements shall be provided in accordance with section 42-204(4), Idaho Code.
(3) Upon receipt of such written statement and the fee as required in section 42-221, Idaho Code, the department shall examine, or cause to be examined:
(a) The place where such water is diverted and used and, if the use is for irrigation, the area and location of the land irrigated and the nature of all the improvements which have been made as a direct result of such use.
(b) The capacities of the ditches or canals or other means by which such water is conducted to such place of use and the quantity of water that has been beneficially applied for irrigation or other purposes.
(4) The department or the person making such examination under the direction of the department shall prepare and file a report of the investigation: provided, that whenever an irrigation project is developed in the name of an association, company, corporation, irrigation district or the United States as provided in section 42-219, Idaho Code, proof of beneficial use shall be made by the permit holder. The lands upon which the water has been used need not be described by legal subdivisions, but may be described as provided in section 42-219, Idaho Code, and it shall only be necessary to show in such cases that the quantity of water beneficially applied for irrigation has been applied within the limits of the project.
History:
[42-217, added 1903, sec. 7, p. 223; reen. R.C., sec. 3260; am. 1913, ch. 36, sec. 1, p. 134; am. 1915, ch. 94, sec. 1, p. 216; reen. C.L., sec. 3260; C.S., sec. 5577; I.C.A., sec. 41-211; am. 1967, ch. 374, sec. 8, p. 1079; am. 1979, ch. 138, sec. 1, p. 434; am. 1986, ch. 242, sec. 1, p. 658; am. 1996, ch. 297, sec. 3, p. 971; am. 1998, ch. 332, sec. 1, p. 1066; am. 2020, ch. 164, sec. 2, p. 480.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY
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 42-203C - 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 42-219 - ISSUANCE OF LICENSE — PRIORITY.
Section 42-220 - EFFECT OF LICENSE.
Section 42-221 - FEES OF DEPARTMENT.
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 42-231 - 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 42-233b - 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 42-244 - 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.