85) During licensing, IDWR reviews the use to ensure that it is within IDWR's established irrigation seasons and rate and duty limitations for designated areas.
First, the Idaho Legislature should amend section 42-916 to give the IDWR director explicit authority to enjoin wasteful practices.
71) In the context of the SRBA, the IDWR director has authority to "evaluate the extent and nature of each water right for which a notice of claim" has been filed.
166) The order applies to all applications proposing a consumptive use filed after May 15, 1992, and to all applications filed before that date that IDWR had not yet approved.
The order provides for a case-by-case review of applications that IDWR would otherwise not approve under the terms of this moratorium under two circumstances.
Since Idaho's moratorium took effect on May 15, 1992, IDWR has approved water rights in the mainstem Snake totaling 23 cfs.
9) Compare IDWR Moratorium, supra note 8, at 1 with Or.
690-33-100(3) (1994) and IDWR Moratorium, supra note 8, at 1.
Code [sections] 173-563-010 (1995); IDWR Moratorium, supra note 8.