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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
676
BY
RESOURCES
AND
CONSERVATION
COMMITTEE
AN
ACT
1
RELATING
TO
GEOTHERMAL
WATER;
AMENDING
SECTION
42
-
202,
IDAHO
CODE,
TO
RE
-
2
VISE
PROVISIONS
REGARDING
APPLICATIONS
TO
APPROPRIATE
WATER;
AMENDING
3
SECTION
42
-
202B,
IDAHO
CODE,
TO
REVISE
DEFINITIONS;
AMENDING
SECTION
4
42
-
222,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
CHANGE
IN
POINT
OF
5
USE;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Section
42
-
202,
Idaho
Code,
be,
and
the
same
is
hereby
8
amended
to
read
as
follows:
9
42
-
202.
APPLICATION
TO
APPROPRIATE
WATER
-
-
CONTENTS
-
-
FILING
FEES
-
-
10
DISPOSITION
OF
FEES
-
-
RECORD
OF
RECEIPTS.
(1)
For
the
purpose
of
regulat
-
1
1
ing
the
use
of
the
public
waters
and
of
establishing
by
direct
means
the
pri
-
12
ority
right
to
such
use,
any
person,
association
or
corporation
hereafter
13
intending
to
acquire
the
right
to
the
beneficial
use
of
the
waters
of
any
14
natural
streams,
springs
or
seepage
waters,
lakes
or
ground
water,
or
other
15
public
waters
in
the
state
of
Idaho,
shall,
before
commencing
of
the
con
-
16
struction,
enlargement
or
extension
of
the
ditch,
canal,
well,
or
other
dis
-
17
tributing
works,
or
performing
any
work
in
connection
with
said
construction
18
or
proposed
appropriation
or
the
diversion
of
any
waters
into
a
natural
chan
-
19
nel,
make
an
application
to
the
department
of
water
resources
for
a
permit
20
to
make
such
appropriation.
Provided
however,
if
the
use
of
the
diversion
21
works
or
irrigation
system
is
represented
by
shares
of
stock
in
a
corporation
22
or
if
such
works
or
system
is
owned
or
managed
by
an
irrigation
district,
no
23
such
application
may
be
approved
by
the
director
of
the
department
of
water
24
resources
without
the
consent
of
such
corporation
or
irrigation
district.
25
Such
application
must
set
forth:
26
(a)
The
name
and
post
-
office
address
of
the
applicant.
27
(b)
The
source
of
the
water
supply.
28
(c)
The
nature
of
the
proposed
use
or
uses
and
the
period
of
the
year
29
during
which
water
is
to
be
used
for
such
use
or
uses.
30
(d)
The
location
of
the
point
of
diversion
and
description
of
the
pro
-
31
posed
ditch,
channel,
well
or
other
work
and
the
amount
of
water
to
be
32
diverted
and
used.
33
(e)
The
time
required
for
the
completion
of
construction
of
such
works
34
and
application
of
the
water
to
the
proposed
use.
35
(2)
An
application
proposing
an
appropriation
of
water
by
a
municipal
36
provider
for
reasonably
anticipated
future
needs
shall
be
accompanied
by
37
sufficient
information
and
documentation
to
establish
that
the
applicant
38
qualifies
as
a
municipal
provider
and
that
the
reasonably
anticipated
fu
-
39
ture
needs,
the
service
area
,
and
the
planning
horizon
are
consistent
with
40
the
definitions
and
requirements
specified
in
this
chapter.
The
service
41
area
need
not
be
described
by
legal
description
nor
by
description
of
every
42
2
intended
use
in
detail,
but
the
area
must
be
described
with
sufficient
in
-
1
formation
to
identify
the
general
location
where
the
water
under
the
water
2
right
is
to
be
used
and
the
types
and
quantity
of
uses
that
generally
will
3
be
made.
An
application
for
reasonably
anticipated
future
needs
for
or
in
-
4
cluding
geothermal
heating
and
cooling
shall
include
sufficient
information
5
and
documentation
to
demonstrate
where
and
how
injection
of
the
diverted
low
6
temperature
geothermal
water
is
or
will
be
accomplished.
7
(3)
Whenever
it
is
desired
to
appropriate
and
store
flood
or
winterflow
8
waters,
the
applicant
shall
specify
in
acre
feet
the
quantity
of
such
flood
9
or
winterflow
waters
which
he
intends
to
store,
but
for
irrigation
purposes
10
he
shall
not
claim
more
than
five
(5)
acre
feet
of
stored
water
per
acre
of
1
1
land
to
be
irrigated,
nor,
in
the
event
of
the
filing
of
an
application
claim
-
12
ing
both
normal
flow
and
flood
water
and
winterflow
water,
shall
the
total
13
amount
of
water
claimed
exceed
the
equivalent
of
a
continuous
flow
during
the
14
irrigation
season
of
more
than
one
(1)
cubic
foot
per
second
for
each
fifty
15
(50)
acres
of
land
to
be
irrigated,
or
more
than
five
(5)
acre
feet
of
stored
16
water
for
each
acre
of
land
to
be
irrigated.
17
(4)
The
application
shall
be
accompanied
by
a
plan
and
map
of
the
pro
-
18
posed
works
for
the
diversion
and
application
of
the
water
to
a
beneficial
19
use,
showing
the
character,
location
and
dimensions
of
the
proposed
reser
-
20
voirs,
dams,
canals,
ditches,
pipelines,
wells
and
all
other
works
proposed
21
to
be
used
by
them
in
the
diversion
of
the
water,
and
the
area
and
location
of
22
the
lands
proposed
to
be
irrigated,
or
location
of
place
of
other
use.
23
(5)
If
the
application
involves
more
than
twenty
-
five
(25)
cubic
feet
24
per
second
of
water
or
the
development
of
more
than
five
hundred
(500)
the
-
25
oretical
horsepower,
or
impoundment
of
water
in
a
reservoir
with
an
active
26
storage
capacity
in
excess
of
ten
thousand
(10,000)
acre
feet,
the
applicant
27
may
be
required
by
the
director
of
the
department
of
water
resources
to
fur
-
28
nish
a
statement
of
the
financial
resources
of
the
corporation,
association,
29
firm
or
person
making
the
application,
and
the
means
by
which
the
funds
nec
-
30
essary
to
construct
the
proposed
works
are
to
be
provided,
and
the
estimated
31
cost
of
construction;
and
if
such
application
is
made
by
a
corporation,
the
32
amount
of
its
capital
stock,
how
much
thereof
has
been
actually
paid
in,
and
33
the
names
and
places
of
residence
of
its
directors;
and
if
for
the
generation
34
of
power
or
any
other
purpose
than
irrigation
or
domestic
use,
the
purpose
35
for
which
it
is
proposed
to
be
used,
the
nature,
location,
character,
capac
-
36
ity
and
estimated
cost
of
the
works,
and
whether
the
water
used
is
to
be
and
37
will
be
returned
to
the
stream,
and
if
so,
at
what
point
on
the
stream.
38
(6)
In
case
the
proposed
right
of
use
is
for
agricultural
purposes,
the
39
application
shall
give
the
legal
subdivisions
of
the
land
proposed
to
be
ir
-
40
rigated,
with
the
total
acreage
to
be
reclaimed
as
near
as
may
be;
provided,
41
that
no
one
shall
be
authorized
to
divert
for
irrigation
purposes
more
than
42
one
(1)
cubic
foot
of
water
per
second
of
the
normal
flow
for
each
fifty
(50)
43
acres
of
land
to
be
so
irrigated,
or
more
than
five
(5)
acre
feet
of
stored
44
water
per
annum
for
each
acre
of
land
to
be
so
irrigated,
unless
it
can
be
45
shown
to
the
satisfaction
of
the
department
of
water
resources
that
a
greater
46
amount
is
necessary.
Provided
further,
that
the
plan
of
irrigation
submit
-
47
ted
shall
provide
for
the
distribution
of
water
to
within
not
more
than
one
48
(1)
mile
of
each
legal
subdivision
of
the
land
proposed
to
be
reclaimed
by
the
49
use
of
such
water;
provided
also,
that
in
the
case
of
all
ditches
designed
to
50
3
have
a
capacity
of
ten
(10)
cubic
feet
per
second
or
less,
such
map
showing
1
the
location
of
such
ditch,
and
the
place
of
use
of
such
water,
or
the
loca
-
2
tion
of
the
lands
to
be
irrigated,
may
be
upon
blanks
furnished
by
the
depart
-
3
ment
of
water
resources.
4
(7)
No
application
shall
be
accepted
and
filed
by
the
department
of
wa
-
5
ter
resources
until
the
applicant
shall
have
deposited
with
the
department
a
6
filing
fee
as
in
this
chapter
provided.
7
(8)
All
moneys
received
by
the
department
of
water
resources
under
the
8
provisions
of
this
chapter
shall
be
deposited
with
the
state
treasurer,
and
9
such
sums
as
may
be
necessary
shall
be
available
for
the
payment
of
the
ex
-
10
penses
of
the
department
of
water
resources
incurred
in
carrying
out
the
pro
-
1
1
visions
of
this
chapter.
12
(9)
Such
expense
shall
be
paid
by
the
state
controller
in
the
manner
13
provided
by
law,
upon
vouchers
duly
approved
by
the
state
board
of
examin
-
14
ers,
for
the
work
performed
under
the
direction
of
the
department
of
water
15
resources.
The
department
of
water
resources
shall
keep
a
record
of
all
fil
-
16
ing
fees
received
in
connection
with
applications
for
permits
to
appropriate
17
public
waters.
18
(10)
Provided
further,
that
rights
initiated
prior
to
the
enactment
of
19
this
amendment,
so
far
as
it
pertains
to
flood
and
winterflow
waters,
shall
20
not
be
affected
thereby.
21
(11)
Provided
further,
that
water
rights
held
by
municipal
providers
22
prior
to
July
1,
1996,
shall
not
be
limited
thereby.
23
SECTION
2.
That
Section
42
-
202B,
Idaho
Code,
be,
and
the
same
is
hereby
24
amended
to
read
as
follows:
25
42
-
202B.
DEFINITIONS.
Whenever
used
in
this
title,
the
term:
26
(1)
"Consumptive
use"
means
that
portion
of
the
annual
volume
of
water
27
diverted
under
a
water
right
that
is
transpired
by
growing
vegetation,
evap
-
28
orated
from
soils,
converted
to
nonrecoverable
water
vapor,
incorporated
29
into
products,
or
otherwise
does
not
return
to
the
waters
of
the
state.
Con
-
30
sumptive
use
is
not
an
element
of
a
water
right.
Consumptive
use
does
not
31
include
any
water
that
falls
as
precipitation
directly
on
the
place
of
use.
32
Precipitation
shall
not
be
considered
to
reduce
the
consumptive
use
of
a
33
water
right.
"Authorized
consumptive
use"
means
the
maximum
consumptive
use
34
that
may
be
made
of
a
water
right.
If
the
use
of
a
water
right
is
for
irriga
-
35
tion,
for
example,
the
authorized
consumptive
use
reflects
irrigation
of
the
36
most
consumptive
vegetation
that
may
be
grown
at
the
place
of
use.
Changes
in
37
consumptive
use
do
not
require
a
transfer
pursuant
to
section
42
-
222,
Idaho
38
Code.
39
(2)
"Digital
boundary"
means
the
boundary
encompassing
and
defining
an
40
area
consisting
of
or
incorporating
the
place
of
use
or
permissible
place
of
41
use
for
a
water
right
prepared
and
maintained
by
the
department
of
water
re
-
42
sources
using
a
geographic
information
system
in
conformance
with
the
na
-
43
tional
standard
for
spatial
data
accuracy
or
succeeding
standard.
44
(3)
"Local
public
interest"
is
defined
as
the
interests
that
the
people
45
in
the
area
directly
affected
by
a
proposed
water
use
have
in
the
effects
of
46
such
use
on
the
public
water
resource.
47
4
(4)
"Municipality"
means
a
city
incorporated
under
section
50
-
102,
1
Idaho
Code,
a
county,
or
the
state
of
Idaho
acting
through
a
department
or
2
institution.
3
(5)
"Municipal
provider"
means:
4
(a)
A
municipality
that
provides
water
for
municipal
purposes
to
its
5
residents
and
other
users
within
its
service
area;
6
(b)
Any
corporation
or
association
holding
a
franchise
to
supply
water
7
for
municipal
purposes,
or
a
political
subdivision
of
the
state
of
Idaho
8
authorized
to
supply
water
for
municipal
purposes,
and
which
does
sup
-
9
ply
water,
for
municipal
purposes
to
users
within
its
service
area;
or
10
(c)
A
corporation
or
association
which
supplies
water
for
municipal
1
1
purposes
through
a
water
system
regulated
by
the
state
of
Idaho
as
a
12
"public
water
supply"
as
described
in
section
39
-
103(12),
Idaho
Code.
13
(6)
(a)
"Municipal
purposes"
refers
to
water
for
residential,
com
-
14
mercial,
industrial,
irrigation
of
parks
and
open
space,
and
related
15
purposes,
excluding
use
of
water
from
geothermal
sources
for
heating,
16
which
that
a
municipal
provider
is
entitled
or
obligated
to
supply
to
17
all
those
users
within
a
service
area,
including
those
located
outside
18
the
boundaries
of
a
municipality
served
by
a
municipal
provider
,
for
19
residential
use,
commercial
use,
industrial
use,
irrigation
of
parks
20
and
open
spaces,
geothermal
heating
and
cooling,
and
related
purposes,
21
or
a
combination
thereof
.
22
(b)(i)
Geothermal
heating
and
cooling
are
considered
"municipal
23
purposes"
if:
24
1.
It
is
provided
by
a
municipality
from
a
low
temperature
25
geothermal
water
source,
as
that
term
is
defined
in
section
26
42
-
230(a)(1),
Idaho
Code;
27
2.
The
water
use
is
non
-
consumptive
under
normal
operating
28
conditions;
and
29
3.
The
use
otherwise
complies
with
section
42
-
233,
Idaho
30
Code.
31
(ii)
A
municipality
is
obligated
to
supply
geothermal
heating
and
32
cooling
only
to
those
users
approved
for
service
in
accordance
33
with
its
local
codes
and
policies.
34
(7)
"Planning
horizon"
refers
to
the
length
of
time
that
the
department
35
determines
is
reasonable
for
a
municipal
provider
to
hold
water
rights
to
36
meet
reasonably
anticipated
future
needs.
The
length
of
the
planning
hori
-
37
zon
may
vary
according
to
the
needs
of
the
particular
municipal
provider.
38
(8)
"Reasonably
anticipated
future
needs"
refers
to
future
uses
of
39
water
by
a
municipal
provider
for
municipal
purposes
within
a
service
area
40
which,
on
the
basis
of
population
and
other
planning
data,
are
reasonably
41
expected
to
be
required
within
the
planning
horizon
of
each
municipality
42
within
the
service
area
not
inconsistent
with
comprehensive
land
use
plans
43
approved
by
each
municipality.
Reasonably
anticipated
future
needs
shall
44
not
include
uses
of
water
within
areas
overlapped
by
conflicting
comprehen
-
45
sive
land
use
plans.
Reasonably
anticipated
future
needs
for
geothermal
46
heating
and
cooling
require
injection
of
diverted
low
temperature
geother
-
47
mal
water
back
into
the
same
aquifer
from
which
it
was
diverted
and
shall
be
48
considered
when
determining
what
needs
will
be
expected
within
the
planning
49
horizon.
50
5
(9)
"Service
area"
means
that
area
within
which
a
municipal
provider
is
1
or
becomes
entitled
or
obligated
to
provide
water
for
municipal
purposes.
2
For
a
municipality,
the
service
area
shall
correspond
to
its
corporate
lim
-
3
its,
or
other
recognized
boundaries,
including
changes
therein
after
the
4
permit
or
license
is
issued.
The
service
area
for
a
municipality
may
also
5
include
areas
outside
its
corporate
limits,
or
other
recognized
boundaries,
6
that
are
within
the
municipality's
established
planning
area
if
the
con
-
7
structed
delivery
system
for
the
area
shares
a
common
water
distribution
8
system
with
lands
located
within
the
corporate
limits.
For
a
municipal
9
provider
that
is
not
a
municipality,
the
service
area
shall
correspond
to
the
10
area
that
it
is
authorized
or
obligated
to
serve,
including
changes
therein
1
1
after
the
permit
or
license
is
issued.
12
SECTION
3.
That
Section
42
-
222,
Idaho
Code,
be,
and
the
same
is
hereby
13
amended
to
read
as
follows:
14
42
-
222.
CHANGE
IN
POINT
OF
DIVERSION,
PLACE
OF
USE,
PERIOD
OF
USE,
OR
15
NATURE
OF
USE
OF
WATER
UNDER
ESTABLISHED
RIGHTS
-
-
FORFEITURE
AND
EXTENSION
16
-
-
APPEALS.
(1)
Any
person,
entitled
to
the
use
of
water
whether
represented
17
by
license
issued
by
the
department
of
water
resources,
by
claims
to
water
18
rights
by
reason
of
diversion
and
application
to
a
beneficial
use
as
filed
19
under
the
provisions
of
this
chapter,
or
by
decree
of
the
court,
who
shall
20
desire
to
change
the
point
of
diversion,
place
of
use,
period
of
use
or
na
-
21
ture
of
use
of
all
or
part
of
the
water,
under
the
right
shall
first
make
ap
-
22
plication
to
the
department
of
water
resources
for
approval
of
such
change.
23
Such
application
shall
be
upon
forms
furnished
by
the
department
and
shall
24
describe
the
right
licensed,
claimed
or
decreed
which
is
to
be
changed
and
25
the
changes
which
are
proposed,
and
shall
be
accompanied
by
the
statutory
26
filing
fee
as
in
this
chapter
provided.
Upon
receipt
of
such
application
it
27
shall
be
the
duty
of
the
director
of
the
department
of
water
resources
to
ex
-
28
amine
same,
obtain
any
consent
required
in
section
42
-
108,
Idaho
Code,
and
if
29
otherwise
proper
to
provide
notice
of
the
proposed
change
in
a
similar
man
-
30
ner
as
applications
under
section
42
-
203A,
Idaho
Code.
Such
notice
shall
ad
-
31
vise
that
anyone
who
desires
to
protest
the
proposed
change
shall
file
no
-
32
tice
of
protests
with
the
department
within
ten
(10)
days
of
the
last
date
33
of
publication.
Upon
the
receipt
of
any
protest,
accompanied
by
the
statu
-
34
tory
filing
fee
as
provided
in
section
42
-
221,
Idaho
Code,
it
shall
be
the
35
duty
of
the
director
of
the
department
of
water
resources
to
investigate
the
36
same
and
to
conduct
a
hearing
thereon.
He
shall
also
advise
the
watermaster
37
of
the
district
in
which
such
water
is
used
of
the
proposed
change
and
the
wa
-
38
termaster
shall
notify
the
director
of
the
department
of
water
resources
of
39
his
recommendation
on
the
application,
and
the
director
of
the
department
40
of
water
resources
shall
not
finally
determine
the
action
on
the
applica
-
41
tion
for
change
until
he
has
received
from
such
watermaster
his
recommenda
-
42
tion
thereof,
which
action
of
the
watermaster
shall
be
received
and
consid
-
43
ered
as
other
evidence.
For
applications
proposing
to
change
only
the
point
44
of
diversion
or
place
of
use
of
a
water
right
in
a
manner
that
will
not
change
45
the
effect
on
the
source
for
the
right
and
any
other
hydraulically
-
connected
46
sources
from
the
effect
resulting
under
the
right
as
previously
approved,
47
and
that
will
not
affect
the
rights
of
other
water
users,
the
director
of
the
48
6
department
of
water
resources
shall
give
only
such
notice
to
other
users
as
1
he
deems
appropriate.
2
When
the
nature
of
use
of
the
water
right
is
to
be
changed
to
municipal
3
purposes
and
some
or
all
of
the
right
will
be
held
by
a
municipal
provider
4
to
serve
reasonably
anticipated
future
needs,
the
municipal
provider
shall
5
provide
to
the
department
sufficient
information
and
documentation
to
es
-
6
tablish
that
the
applicant
qualifies
as
a
municipal
provider
and
that
the
7
reasonably
anticipated
future
needs,
the
service
area
and
the
planning
hori
-
8
zon
are
consistent
with
the
definitions
and
requirements
specified
in
this
9
chapter.
The
service
area
need
not
be
described
by
legal
description
nor
by
10
description
of
every
intended
use
in
detail,
but
the
area
must
be
described
1
1
with
sufficient
information
to
identify
the
general
location
where
the
wa
-
12
ter
under
the
water
right
is
to
be
used
and
the
types
and
quantity
of
uses
that
13
generally
will
be
made.
An
application
for
reasonably
anticipated
future
14
needs
for
or
including
geothermal
heating
and
cooling
shall
include
suffi
-
15
cient
information
and
documentation
to
demonstrate
where
and
how
injection
16
of
the
diverted
low
temperature
geothermal
water
is
or
will
be
accomplished.
17
When
a
water
right
or
a
portion
thereof
to
be
changed
is
held
by
a
munic
-
18
ipal
provider
for
municipal
purposes,
as
defined
in
section
42
-
202B,
Idaho
19
Code,
that
portion
of
the
right
held
for
reasonably
anticipated
future
needs
20
at
the
time
of
the
change
shall
not
be
changed
to
a
place
of
use
outside
the
21
service
area,
as
defined
in
section
42
-
202B,
Idaho
Code,
or
to
a
new
nature
of
22
use.
23
The
director
of
the
department
of
water
resources
shall
examine
all
the
24
evidence
and
available
information
and
shall
approve
the
change
in
whole,
25
or
in
part,
or
upon
conditions,
provided
no
other
water
rights
are
injured
26
thereby,
the
change
does
not
constitute
an
enlargement
in
use
of
the
origi
-
27
nal
right,
the
change
is
consistent
with
the
conservation
of
water
resources
28
within
the
state
of
Idaho
and
is
in
the
local
public
interest
as
defined
in
29
section
42
-
202B,
Idaho
Code,
the
change
will
not
adversely
affect
the
local
30
economy
of
the
watershed
or
local
area
within
which
the
source
of
water
for
31
the
proposed
use
originates,
in
the
case
where
the
place
of
use
is
outside
32
of
the
watershed
or
local
area
where
the
source
of
water
originates,
and
the
33
new
use
is
a
beneficial
use,
which
in
the
case
of
a
municipal
provider
shall
34
be
satisfied
if
the
water
right
is
necessary
to
serve
reasonably
anticipated
35
future
needs
as
provided
in
this
chapter.
The
director
may
consider
consump
-
36
tive
use,
as
defined
in
section
42
-
202B,
Idaho
Code,
as
a
factor
in
determin
-
37
ing
whether
a
proposed
change
would
constitute
an
enlargement
in
use
of
the
38
original
water
right.
The
director
shall
not
approve
a
change
in
the
nature
39
of
use
from
agricultural
use
where
such
change
would
significantly
affect
40
the
agricultural
base
of
the
local
area.
The
transfer
of
the
right
to
the
use
41
of
stored
water
for
irrigation
purposes
shall
not
constitute
an
enlargement
42
in
use
of
the
original
right
even
though
more
acres
may
be
irrigated,
if
no
43
other
water
rights
are
injured
thereby.
A
copy
of
the
approved
application
44
for
change
shall
be
returned
to
the
applicant
and
he
shall
be
authorized
upon
45
receipt
thereof
to
make
the
change
and
the
original
water
right
shall
be
pre
-
46
sumed
to
have
been
amended
by
reason
of
such
authorized
change.
In
the
event
47
the
director
of
the
department
of
water
resources
determines
that
a
proposed
48
change
shall
not
be
approved
as
provided
in
this
section,
he
shall
deny
the
49
same
and
forward
notice
of
such
action
to
the
applicant
by
certified
mail,
50
7
which
decision
shall
be
subject
to
judicial
review
as
hereafter
set
forth.
1
Provided
however,
minimum
stream
flow
water
rights
may
not
be
established
2
under
the
local
public
interest
criterion,
and
may
only
be
established
pur
-
3
suant
to
chapter
15,
title
42,
Idaho
Code.
4
(2)
All
rights
to
the
use
of
water
acquired
under
this
chapter
or
other
-
5
wise
shall
be
lost
and
forfeited
by
a
failure
for
the
term
of
five
(5)
years
6
to
apply
it
to
the
beneficial
use
for
which
it
was
appropriated
and
when
any
7
right
to
the
use
of
water
shall
be
lost
through
nonuse
or
forfeiture
such
8
rights
to
such
water
shall
revert
to
the
state
and
be
again
subject
to
appro
-
9
priation
under
this
chapter;
except
that
any
right
to
the
use
of
water
shall
10
not
be
lost
through
forfeiture
by
the
failure
to
apply
the
water
to
benefi
-
1
1
cial
use
under
certain
circumstances
as
specified
in
section
42
-
223,
Idaho
12
Code.
The
party
asserting
that
a
water
right
has
been
forfeited
has
the
bur
-
13
den
of
proving
the
forfeiture
by
clear
and
convincing
evidence.
14
(3)
Upon
proper
showing
before
the
director
of
the
department
of
water
15
resources
of
good
and
sufficient
reason
for
nonapplication
to
beneficial
use
16
of
such
water
for
such
term
of
five
(5)
years,
the
director
of
the
department
17
of
water
resources
is
hereby
authorized
to
grant
an
extension
of
time
extend
-
18
ing
the
time
for
forfeiture
of
title
for
nonuse
thereof,
to
such
waters
for
a
19
period
of
not
to
exceed
five
(5)
additional
years.
20
(4)
Application
for
an
extension
shall
be
made
before
the
end
of
the
21
five
(5)
year
period
upon
forms
to
be
furnished
by
the
department
of
water
re
-
22
sources
and
shall
fully
describe
the
right
on
which
an
extension
of
time
to
23
resume
the
use
is
requested
and
the
reasons
for
such
nonuse
and
shall
be
ac
-
24
companied
by
the
statutory
filing
fee;
provided
that
water
rights
protected
25
from
forfeiture
under
the
provisions
of
section
42
-
223,
Idaho
Code,
are
ex
-
26
empt
from
this
requirement.
27
(a)
Upon
the
receipt
of
such
application
it
shall
be
the
duty
of
the
di
-
28
rector
of
the
department
of
water
resources
to
examine
the
same
and
to
29
provide
notice
of
the
application
for
an
extension
in
the
same
manner
as
30
applications
under
section
42
-
203A,
Idaho
Code.
The
notice
shall
fully
31
describe
the
right,
the
extension
which
is
requested
and
the
reason
for
32
such
nonuse
and
shall
state
that
any
person
desiring
to
object
to
the
33
requested
extension
may
submit
a
protest,
accompanied
by
the
statutory
34
filing
fee
as
provided
in
section
42
-
221,
Idaho
Code,
to
the
director
of
35
the
department
of
water
resources
within
ten
(10)
days
of
the
last
date
36
of
publication.
37
(b)
Upon
receipt
of
a
protest
it
shall
be
the
duty
of
the
director
of
38
the
department
of
water
resources
to
investigate
and
conduct
a
hearing
39
thereon
as
in
this
chapter
provided.
40
(c)
The
director
of
the
department
of
water
resources
shall
find
from
41
the
evidence
presented
in
any
hearing,
or
from
information
available
to
42
the
department,
the
reasons
for
such
nonuse
of
water
and
where
it
ap
-
43
pears
to
the
satisfaction
of
the
director
of
the
department
of
water
re
-
44
sources
that
other
rights
will
not
be
impaired
by
granting
an
extension
45
of
time
within
which
to
resume
the
use
of
the
water
and
good
cause
ap
-
46
pearing
for
such
nonuse,
he
may
grant
one
(1)
extension
of
five
(5)
years
47
within
which
to
resume
such
use.
48
(d)
In
his
approval
of
the
application
for
an
extension
of
time
under
49
this
section
the
director
of
the
department
of
water
resources
shall
set
50
8
the
date
when
the
use
of
water
is
to
be
resumed.
Sixty
(60)
days
before
1
such
date
the
director
of
the
department
of
water
resources
shall
for
-
2
ward
to
the
applicant
at
his
address
of
record
a
notice
by
certified
mail
3
setting
forth
the
date
on
which
the
use
of
water
is
to
be
resumed
and
a
4
form
for
reporting
the
resumption
of
the
use
of
the
water
right.
If
the
5
use
of
the
water
has
not
been
resumed
and
report
thereon
made
on
or
be
-
6
fore
the
date
set
for
resumption
of
use
such
right
shall
revert
to
the
7
state
and
again
be
subject
to
appropriation,
as
provided
in
this
sec
-
8
tion.
9
(e)
In
the
event
the
director
of
the
department
of
water
resources
de
-
10
termines
that
a
proposed
extension
of
time
within
which
to
resume
use
of
1
1
a
water
right
shall
not
be
approved
as
provided
in
this
section,
he
shall
12
deny
same
and
forward
notice
of
such
action
to
the
applicant
by
certi
-
13
fied
mail,
which
decision
shall
be
subject
to
judicial
review
as
here
-
14
after
provided.
15
(5)
Any
person
or
persons
feeling
themselves
aggrieved
by
the
determi
-
16
nation
of
the
department
of
water
resources
in
approving
or
rejecting
an
ap
-
17
plication
to
change
the
point
of
diversion,
place,
period
of
use
or
nature
18
of
use
of
water
under
an
established
right
or
an
application
for
an
exten
-
19
sion
of
time
within
which
to
resume
the
use
of
water
as
provided
in
this
sec
-
20
tion,
may,
if
a
protest
was
filed
and
a
hearing
held
thereon,
seek
judicial
21
review
pursuant
to
section
42
-
1701A(4),
Idaho
Code.
If
no
protest
was
filed
22
and
no
hearing
held,
the
applicant
may
request
a
hearing
pursuant
to
section
23
42
-
1701A(3),
Idaho
Code,
for
the
purpose
of
contesting
the
action
of
the
di
-
24
rector
and
may
seek
judicial
review
of
the
final
order
of
the
director
fol
-
25
lowing
the
hearing
pursuant
to
section
42
-
1701A(4),
Idaho
Code.
26
SECTION
4.
An
emergency
existing
therefor,
which
emergency
is
hereby
27
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
28
July
1,
2026.
29