Current through September 2, 2024
Section 37.03.08.050 - CONDITIONS OF APPROVAL01.Issuance of Permits with Conditions. The Director may issue a permit with conditions to ensure compliance with:a. Chapter 2, Title 42, Idaho Code, and other applicable laws and statutes;b. Efficient administration of water rights by priority date;c. The Idaho State Water Plan as required by Section 42-1734B(4), Idaho Code;d. The criteria of Section 42-203A, Idaho Code:e. Requirements of Section 42-203B, Idaho Code, including conditions to subordinate a permit for hydropower generation to all rights to the use of water, other than hydropower, and limit a permit for hydropower generation to a term in connection with the power project;f. Requirements of Section 42-203C, Idaho Code, including conditions to promote efficient use and conservation of water;g. The intent of agreements entered into by and between the state of Idaho and holders of water rights for power purposes and the state of Idaho's obligation to continually review the reallocation of trust water consistent with Section 42-203, Idaho Code; orh. The requirement to obtain authorization necessary to access the point of diversion, place of use, or to convey water across federal land prior to diversion and use of water under the permit.02.Voiding Approval of Permit. Permits may be conditioned to authorize the Director to void the permit if the Director determines that the applicant submitted false or misleading information on the application or supporting documents.Idaho Admin. Code r. 37.03.08.050