Idaho Administrative Code
Title IDAPA 37 - Water Resources, Department of
Rule 37.03.08 - WATER APPROPRIATION RULES
Section 37.03.08.055 - MORATORIUM

Universal Citation: ID Admin Code 37.03.08.055

Current through August 31, 2023

01. Applications for Permit. (3-18-22)

a. The Director may cease to approve applications for permit in a designated geographical area upon finding a need to: (3-18-22)
i. Protect existing water rights; (3-18-22)

ii. Insure compliance with the provisions of Chapter 2, Title 42, Idaho Code; and (3-18-22)

iii. Prevent reduction of flows below a minimum stream flow which has been established by the Director or the board pursuant to applicable law. (3-18-22)

b. Notice of the Director's action to cease application approval will be by: (3-18-22)
i. Summary Order served by certified mail upon the then existing affected applicants; and (3-18-22)

ii. Publication of the order for three (3) consecutive weeks in a newspaper or newspapers of general circulation in the area affected. (3-18-22)

c. Objections to the Director's action shall be considered under the department's adopted Rules of Procedure and applicable law. (3-18-22)

02. Permits. (3-18-22)

a. To the extent a permit has not been developed, the Director may cancel, or modify permits for which proof of beneficial use has not been submitted in a designated geographical area as an extension of Subsection 055.01. (3-18-22)

b. Notice of the Director's action to cancel or modify permits shall be by: (3-18-22)
i. Summary Order served by certified mail upon the affected permit holders in the designated area. (3-18-22)

ii. Publication of the order for three (3) consecutive weeks in a newspaper or newspapers of general circulation in the area. (3-18-22)

c. Objections to the Director's action shall be considered under the department's adopted Rules of Procedure and applicable law. (3-18-22)

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