But only a little more than half actually participate in the water bank (IDWR, 1994, tables 21-25).
The data on water rights are compiled from the Idaho District 1 Watermaster report (IDWR, 1994, tables 21-25).
The Idaho Department of Water Resources is responsible for issuing permits for new uses of water.(81) IDWR scrutinizes applications based upon several criteria, including protection of the "local public interest."(82) In addition, Idaho law limits the rate of water for irrigation to one cfs for each fifty acres, unless the application shows that a greater rate is necessary.(83) IDWR does not place duty limitations on permits and rarely examines the water use efficiency of the proposed use;(84) however, such examination is critical if waste is to be prevented.
Once water is put to beneficial use, the permittee is required to "prove up" her use and request that the use be licensed by IDWR.(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.(86) These requirements were established by administrative memorandum and compiled in a map entitled "Consumptive Irrigation Requirement, Field Headgate Requirement and Season of Use."(87) The established rates and duties are for the field headgate and are based on the most consumptive use figures for the most water-consumptive crop in an area,(88) plus additional water to account for irrigation application efficiencies.(89) Allowable transmission losses are calculated on a case-by-case basis.(90)
This is due, in part, to the lack of a clear definition of waste, and in part, to IDWR's lack of clear authority to enforce against wasteful uses of water.
(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.
Idaho's moratorium covers permits to appropriate water from all surface water and ground water sources within the Eastern Snake River Plain Area(165) and the Boise River Drainage Area, including tributaries.(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.(167) Idaho's moratorium differs from Oregon and Washington's moratoria in that it has a retroactive effect on water right applications already filed with the Department.
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.(173) Idaho's rule is also the most unreliable from a salmon recovery perspective, because its purpose is to facilitate ground water recharge and not to ensure adequate flows for migrating salmon.(174) While fish may benefit from Idaho's moratorium incidentally, there is no guarantee that this benefit will continue once Idaho's aquifers are recharged.
690-33-100 to 690-33140 (1994); Idaho Dep't of Water Resources (IDWR), Amended Moratorium Order: In the Matter of Applications for Permits for the Diversion and Use of Surface and Ground Water Within The Eastern Snake River Plain Area and the Boise River Drainage Area (Apr.
(9) Compare IDWR Moratorium, supra note 8, at 1 with Or.
690-33-100(3) (1994) and IDWR Moratorium, supra note 8, at 1.