01.
Applications to Appropriate
Unappropriated Water and Water Held in Trust. Applications to
appropriate unappropriated water and water held in trust as provided by Section
42-203B(3), Idaho
Code, will be evaluated using the criteria of Section
42-203A, Idaho Code, which
requires an assessment to be made of the impact of the proposed use on water
availability for existing water rights, the adequacy of the water supply for
the proposed use, whether the application is filed for speculative purposes,
the financial ability of the applicant to complete the project, and the effect
of the proposed use on the local public interest. (3-18-22)
02.
Applications to Appropriate Water
from Sources Held by State in Trust. Applications to appropriate water
from sources on which the state holds water in trust, pursuant to Section
203B(5), Idaho
Code, will be processed in a three-step analysis. Evaluation will consider the
purposes of "trust water" established in Section
42-203B, Idaho Code. (3-18-22)
a. First, the proposed use must be evaluated
using the procedures and criteria of Section
42-203A, Idaho Code. If all
criteria of Section
42-203A(5), Idaho
Code, are satisfied, the application may be approved for unappropriated water.
If the application does not satisfy the criteria of Section
42-203A(5) b, c,
d, and e, Idaho Code, or is found to reduce the water to existing water rights
other than those held in trust by the state, the application will be denied. If
the application satisfies all criteria of Section
42-203A(5), Idaho
Code, except Section
42-203A(5) a,
Idaho Code, but is found to reduce water held in trust by the state, the
application will be reviewed under criteria of Section
42-203C, Idaho Code.
(3-18-22)
b. Second, Section
42-203C, Idaho Code, requires a
determination of whether the proposed use will significantly reduce,
individually or cumulatively with existing uses and other uses reasonably
likely to exist within twelve months of the proposed use, 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 (hereinafter
termed "significant reduction"). If a significant reduction will not occur, the
application may be approved without an evaluation of the public interest
criteria of Section
42-203C(2), Idaho
Code. (3-18-22)
c. Third, based
upon a finding of significant reduction, the proposed use will be evaluated in
terms of the public interest criteria of Section
42-203C(2), Idaho
Code. (3-18-22)
