61-540. AUTHORIZING NEGOTIATION AND EXECUTION OF CONTRACTS BY THE STATE OF IDAHO WITH ELECTRICAL CORPORATIONS REGARDING CERTAIN WATER RIGHTS IDENTIFIED IN SECTION 61-539, IDAHO CODE. The governor of the state of Idaho or his designee is hereby empowered to negotiate and the governor to execute a contract on behalf of the state of Idaho with any electrical corporation which has filed or may file suit against water users or possible water users, said electrical corporation seeking to stop junior prior consumptive water uses as a result of Idaho Supreme Court Opinion No. 13794 in "Idaho Power Company vs. State of Idaho, et al," filed November 19, 1982. Each contract shall provide, among other things, that (1) all consumptive water users who have beneficially used water for any consumptive purpose prior to November 19, 1982, or any person or persons who have previously made substantial investments in irrigation wells and irrigation equipment and have pending a water permit or application, even though such irrigation wells and irrigation equipment were not in operation prior to November 19, 1982, may continue the water licensing process, (2) persons included within the provisions of (1) above are third party beneficiaries of said contract, (3) the electrical corporation shall, where any suit is pending in which a person is within the class of consumptive users identified in (1) above, move the court for the dismissal from the suit of such person or persons, (4) said contract shall be conditional upon the passage and approval of this act but shall terminate if section 61-539 or 61-540 [this section], Idaho Code, be subsequently amended or repealed, and (5) in the event this act be amended or repealed, the defenses of statute of limitations, abandonment, adverse possession, statutory forfeiture, latches [laches], waiver, estoppel and other applicable common law defenses shall not be available against said electrical corporation following said contract termination for a period of two (2) years, unless the parties mutually consent to keep said contract in effect by addendum.
History:
[61-540, added 1983, ch. 259, sec. 2, p. 690.]
Structure Idaho Code
Title 61 - PUBLIC UTILITY REGULATION
Chapter 5 - POWERS AND DUTIES OF PUBLIC UTILITIES COMMISSION
Section 61-501 - INVESTMENT OF AUTHORITY.
Section 61-502 - DETERMINATION OF RATES.
Section 61-502A - RESTRICTION ON RATES AUTHORIZING RETURN ON PROPERTY NOT PROVIDING UTILITY SERVICE.
Section 61-502B - ALLOCATION OF GAIN UPON SALE OF WATER RIGHT.
Section 61-503 - POWER TO INVESTIGATE AND FIX RATES AND REGULATIONS.
Section 61-504 - ESTABLISHMENT OF THROUGH ROUTE AND JOINT RATE.
Section 61-506 - INTERSTATE RATES.
Section 61-507 - DETERMINATION OF RULES AND REGULATIONS.
Section 61-508 - IMPROVEMENTS MAY BE ORDERED — COST.
Section 61-509 - REGULATION OF TRAIN AND STREET CAR SERVICE.
Section 61-510 - RAILROAD SERVICE — PHYSICAL CONNECTIONS.
Section 61-511 - RAILROAD SERVICE — SPURS AND SWITCH CONNECTIONS.
Section 61-512 - RAILROAD SERVICE — CARS OF CONNECTING RAILROAD.
Section 61-513 - TELEPHONE COMPANIES — PHYSICAL CONNECTIONS.
Section 61-514 - JOINT USE OF PLANT AND EQUIPMENT.
Section 61-515 - SAFETY REGULATIONS.
Section 61-515A - SAFETY AND SANITARY EQUIPMENT AND CONDITIONS.
Section 61-516 - PRIORITY DESIGNATION FOR ELECTRIC TRANSMISSION PROJECTS.
Section 61-518 - RAILROAD SERVICE — FURNISHING CARS.
Section 61-519 - EXPRESS SERVICE — DELIVERY OF TELEPHONE MESSAGES.
Section 61-520 - SERVICE OF ELECTRIC, GAS, AND WATER CORPORATIONS — DETERMINATION OF STANDARDS.
Section 61-521 - AUTHORITY TO ENTER PREMISES.
Section 61-522 - CONSUMER MAY HAVE COMMODITY OR APPLIANCE TESTED.
Section 61-524 - SYSTEM OF ACCOUNTS.
Section 61-525 - DEPRECIATION ACCOUNT.
Section 61-526 - CERTIFICATE OF CONVENIENCE AND NECESSITY.
Section 61-527 - CERTIFICATE OF CONVENIENCE AND NECESSITY — EXERCISE OF RIGHT OR FRANCHISE.
Section 61-528 - CERTIFICATE OF CONVENIENCE AND NECESSITY — CONDITIONS.
Section 61-531 - PLAN FOR CURTAILMENT OF ELECTRIC OR GAS CONSUMPTION.
Section 61-532 - ADOPTION OR REJECTION OF PLANS — PROCEDURE.
Section 61-533 - AUTHORITY TO DECLARE EMERGENCY.
Section 61-534 - CURTAILMENT OF SERVICE BY SUPPLIERS IN ACCORDANCE WITH PLANS.
Section 61-535 - ORDER FOR CURTAILMENT OF CONSUMPTION BY CONSUMERS.
Section 61-536 - LIABILITY OF SUPPLIERS.
Section 61-537 - CONTRACTS OF SUPPLIERS SUBJECT TO PROVISIONS OF LAW.
Section 61-538 - POLE ATTACHMENTS — REGULATION.
Section 61-539 - WATER RIGHTS OF AN ELECTRICAL CORPORATION — NO COMMISSION JURISDICTION.