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IDAHO STATUTES AND CODES

42-1738 VESTED WATER RIGHTS PROTECTED -- POLICY OF PROJECT OPERATION AFTER PAY-OUT DEFINED.

TITLE 42

IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION

CHAPTER 17

DEPARTMENT OF WATER RESOURCES -- WATER RESOURCE BOARD

42-1738. Vested water rights protected -- Policy of project operation after pay-out defined. The board shall have no power or authority to do, and shall be and is prohibited from doing, any thing or act which would modify, set aside or alter any existing right or rights to the use of water or the priority of such use as established under existing laws except where the board acquires the consent of the owner or exercises the right of eminent domain as herein provided. It is the policy of the legislature to favor those projects with contractual agreements which provide that, upon completion of revenue bond pay-out, the project will revert to the ownership and management of that group or entity, public or private, which has paid for the project.

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