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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