Idaho Code § 42-1764 — Substitution For Transfer Proceeding — Rights Not Subject To Forfeiture — No Dedication Of Rights.
TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 17 DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD 42-1764. Substitution for transfer proceeding — Rights not subject to forfeiture — No dedication of rights. (1) The approval of a rental of water from the water supply bank may be a substitute for the transfer proceeding requirements of section 42-222 , Idaho Code. (2) Water rights obtained by the board or by a local committee appointed by the board and credited to the water supply bank are not subject to forfeiture for nonuse pursuant to section 42-222 (2), Idaho Code, while retained in or rented from the water supply bank. The five (5) year period of nonuse for forfeiture of a water right shall begin to run anew upon removal of a right from the bank. (3) The rental of water rights from the water supply bank shall not constitute a dedication to the lands of any renter since the rental or distribution of water by the water bank is only incidental to its primary purposes listed in section 42-1761 , Idaho Code.