TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 2

APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY

42-203C.  Hydropower water right — Criteria for reallocation — Weight — Burden of proof. (1) If an applicant intends to appropriate water which is held in trust by the state of Idaho pursuant to subsection (5) of section 42-203B, Idaho Code, the director shall consider, prior to approving the application, the criteria established in section 42-203A, Idaho Code, and whether the proposed use, individually or cumulatively with other existing uses, or uses reasonably likely to exist within twelve (12) months of the proposed use, would significantly reduce the amount of trust water available to the holder of the water right used for power production that is defined by agreement pursuant to subsection (5) of section 42-203B, Idaho Code, and, if so, whether the proposed reduction is in the public interest.

(2)  (a) The director in making such public interest determinations for purposes of this section shall consider:

(i)  The potential benefits, both direct and indirect, that the proposed use would provide to the state and local economy;

(ii)  The economic impact the proposed use would have upon electric utility rates in the state of Idaho, and the availability, foreseeability and cost of alternative energy sources to ameliorate such impact;

(iii)  The promotion of the family farming tradition;

(iv)  The promotion of full economic and multiple use development of the water resources of the state of Idaho;

(v)  In the Snake River Basin above the Murphy gauge whether the proposed development conforms to a staged development policy of up to twenty thousand (20,000) acres per year or eighty thousand (80,000) acres in any four (4) year period.

     No single factor enumerated above shall be entitled to greater weight by the director in arriving at this determination.

(b)  The burden of proof under the provisions of this section shall be on the protestant.

History:

[42-203C, added 1985, ch. 17, sec. 3, p. 26; am. 1986, ch. 117, sec. 2, p. 311.]