Idaho Code

Idaho Code § 42-1504 (2026)

Request to file application.

✓ current as of May 2026

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Request to file application.

Any person, association, municipality, county, state or federal agency may, in writing, request that the board consider the appropriation of a minimum stream flow of the unappropriated waters of any stream. Said request shall be in writing and provide the same information required in the form provided for by section 42-1503, Idaho Code. The board shall consider said request within six (6) months after it is filed and may proceed to reject or accept the proposal. There shall be no right of review of any board decision rejecting a request under this section. If the board decides that the request has merit, the board shall proceed as provided in this act. The board may hold hearings in reaching its decision and shall notify the requesting party of its decision.

Notes of Decisions

Cited in 3 cases, 2000–2007 · leading case: Joyce Livestock Co. v. United States, 156 P.3d 502 (Idaho 2007).

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Joyce Livestock Co. v. United States, 156 P.3d 502 (Idaho 2007). · cites it 2× “Therefore, the limited public purpose exception does not apply to its claim.” Id. The same reasoning applies here.”

State v. United States, 996 P.2d 806 (Idaho 2000). · cites it 2× “The United States has not requested, pursuant to I.C. § 42-1504, that the Idaho Water Resource Board file an application for appropriating a minimum streamflow for Smith Springs.”

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