42-4223. CONTRACTS TO RECEIVE BENEFITS. Any privately owned electrical generating company, or any person or entity who has acquired or is in the process of acquiring a right to appropriate water downstream from the boundaries of the district may enter into a contract with the board of directors of the aquifer recharge district for the receipt of benefits from the district. The consideration to be paid by any company, person or entity so contracting shall be as specified in the contract. Approval of any such contract by the director of the department of water resources shall be required before the contract shall become effective.
A contract executed and approved as herein provided may be used by the department of water resources as the basis for issuance of a permit to the electrical generating company or downstream appropriator for the appropriation and storage of such water as shall become available thereto as a result of the functioning of the district. Water appropriated under any such permit shall be deemed to be stored water and the use and manner of appropriation thereof shall be subject to all applicable limitations and restrictions imposed by law, including the provisions of subsection (3) of section 42-4201 or subsection (3) of section 42-234, Idaho Code.
Prior to the formation of the aquifer recharge district, any such electrical generating company or downstream appropriator may file with the director of the department of water resources a letter of intent to enter into such a contract.
History:
[42-4223, added 1978, ch. 293, sec. 1, p. 736; am. 1982, ch. 204, sec. 5, p. 542; am. 2009, ch. 242, sec. 3, p. 744.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 42 - GROUND WATER RECHARGE
Section 42-4202 - AQUIFER RECHARGE DISTRICT — FORMATION.
Section 42-4203 - FORMATION OF DISTRICT — DECLARATION BY DIRECTOR.
Section 42-4205 - MUNICIPALITIES — MANNER OF VOTING FOR DIRECTORS.
Section 42-4206 - WATER USERS OTHER THAN MUNICIPALITIES — QUALIFICATIONS FOR VOTING.
Section 42-4207 - REGISTRATION REQUIRED.
Section 42-4208 - NOTICE OF ELECTION.
Section 42-4209 - CONDUCT OF ELECTIONS.
Section 42-4210 - CANVASS OF RETURNS — DECLARATION OF WINNERS.
Section 42-4211 - BOARD OF DIRECTORS — OFFICERS — MEETINGS — COMPENSATION — VACANCIES.
Section 42-4212 - POWERS AND DUTIES OF THE BOARD OF DIRECTORS.
Section 42-4213 - LEGAL TITLE TO PROPERTY.
Section 42-4214 - CONVEYANCE OF PROPERTY — ACTIONS.
Section 42-4215 - LEVY OF ASSESSMENTS.
Section 42-4216 - POWER TO INCUR INDEBTEDNESS — ASSESSMENTS TO SECURE REPAYMENT.
Section 42-4217 - LENDING INSTITUTIONS — RIGHT TO COMPEL ASSESSMENTS — ALTERNATIVE REMEDY.
Section 42-4218 - LIEN OF ASSESSMENT.
Section 42-4219 - PAYMENT OF ASSESSMENTS — WHEN DELINQUENT — INTEREST AND PENALTIES.
Section 42-4220 - ENTRY OF DELINQUENT ASSESSMENTS — FILING OF DELINQUENCY LIST.
Section 42-4221 - REDEMPTION AND SALE OF PROPERTY SUBJECT TO DELINQUENT ASSESSMENTS.
Section 42-4222 - MUNICIPALITIES — SPECIAL TAX TO PROCURE FUNDS FOR PAYMENT OF ASSESSMENTS.
Section 42-4223 - CONTRACTS TO RECEIVE BENEFITS.
Section 42-4224 - WATER USERS SUBJECT TO INCLUSION WITHIN THE DISTRICT.
Section 42-4225 - EXCLUSION FROM THE DISTRICT — PROCEDURE — GROUNDS FOR EXCLUSION.
Section 42-4226 - HEARING — NOTICE — ENTRY OF ORDER.
Section 42-4228 - EFFECT OF EXCLUSION ON LIABILITY FOR ASSESSMENTS.