42-218a. LAPSE OF APPLICATION FOR FAILURE TO REQUEST EXTENSION OR SUBMIT PROOF OF APPLICATION TO BENEFICIAL USE — NOTICE OF LAPSING. (1) A permit upon which the proof of beneficial use, or an incremental statement of completion showing proof of beneficial use, has not been submitted, or a request for extension of time has not been received on or before the date set for such proof or incremental statement, shall lapse and be of no further force nor effect. For a permit held by a municipal provider for reasonably anticipated future needs, such lapse shall not apply to any portion of the permit that has been previously licensed or for which an incremental statement of completion showing proof of beneficial use has been submitted. Notice of said lapsing shall be sent by the department to the permit holder at the address of record by regular mail.
(2) Within sixty (60) days after such notice of lapsing, the department may, upon a showing of reasonable cause, reinstate the permit with the priority date advanced a time equal to the number of days that said showing is subsequent to the date set for proof.
(3) In connection with a proof of beneficial use statement submitted more than sixty (60) days after such notice of lapsing, the director shall require all of the following items to be submitted to the department:
(a) A report prepared by a certified water right examiner as the result of an examination to clearly confirm and establish the extent of the beneficial use of water established in connection with the permit during the time authorized by the permit and any extensions of time previously approved. The report shall be on the form or forms specified by the director and shall provide the information specified in section 42-217, Idaho Code, for confirming beneficial use and such other information as may be required by the director.
(b) A statement of reasonable cause for filing a late proof of beneficial use.
(c) A reinstatement fee of two hundred fifty dollars ($250).
Upon finding that beneficial use had occurred during the authorized period and upon a showing of reasonable cause for filing a late proof of beneficial use, the director may reinstate the permit with the priority date advanced to the day that proof of beneficial use was received.
(4) The original priority date of a lapsed permit shall not be reinstated except upon a showing of error or mistake of the department.
History:
[42-218a, added 1967, ch. 374, sec. 10, p. 1079; am. 1983, ch. 157, sec. 1, p. 435; am. 2011, ch. 171, sec. 1, p. 490; am. 2020, ch. 164, sec. 3, p. 481.]
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.