Idaho Admin. Code r. 37.03.08.055

Current through September 2, 2024

Section 37.03.08.055 - MORATORIUM

01.Applications or Permits.

a. The Director may cease action on an application or stay further development of a permit for which the permit holder has not submitted proof of beneficial use in a designated geographical area upon finding a need to:

i. Protect existing water rights;

ii. Ensure compliance with Chapter 2, Title 42, Idaho Code; or

iii. Prevent reduction of flows below a minimum stream flow held by the Board pursuant to applicable law.

b. Notice of the Director's action to cease further action on an application or stay further development of a permit will be by:

i. Order served by certified mail upon the then affected applicant or permit holder; and

ii. Publication for three (3) consecutive weeks in a newspaper of general circulation in the area affected.

c. The order of the Director's action to stay further development of a permit will require a permit holder to file, within sixty (60) days of order issuance, either;

i. Proof of beneficial use for the extent of diversion and beneficial use accomplished prior to issuance of the order; or

ii. A response with supporting information demonstrating the permit holder made a substantial investment, prior to receipt of the order, in project works to divert and beneficially use water under the permit that merits the granting of additional time to complete all or part of the project.

iii. Failure to submit proof of beneficial use or a response will result in suspension of further development of the permit.

d. Objections to the Director's action will be considered pursuant to IDAPA 37.01.01, "Rules of Procedure of the Idaho Department of Water Resources," and applicable law.

Idaho Admin. Code r. 37.03.08.055

Effective July 1, 2024