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Only a split-season use instream lease can be executed midway through an irrigation season if it is submitted prior to July 1st. Prior to water being used in an irrigation season, the applicant must submit the lease application to the Department and must monitor and report the existing use. For a standard instream lease, if irrigation has already taken place in a given season, a lease cannot take effect until the following irrigation season.
Only when the water right to be leased is for supplemental use of legally stored water. The supplemental right to use store water, which the right holder would have to characterize as excess water, is eligible to be leased. This is the only instance in which use under the primary right can continue.
Yes. The new instream use must
be consistent with the general provisions for instream water rights. The new
instream use must serve a public use, as defined by rule. Allowable public uses
include recreation, aquatic and fish life, wildlife habitat and ecological
values, pollution abatement and navigation.
Yes, if “portion of a water right” is defined as the portion that irrigates a distinct tract of land which, will not receive water during the term of the lease. For irrigation and other similar water rights, a portion of a water right is not a percentage of a total seasonal volume. In other words, a user cannot use less water than usual to irrigate the traditional number of acres and then lease the remaining volume of water, unless a "Split-Season Use Instream Lease" is involved and the instream and existing use occur at different times. Another exception would be for the lease of other non-irrigation style use types where a portion of the water right may be leased and a remaining portion may continue to be used, such as for municipal and industrial uses.
The irrigation district would submit a District Instream Lease Application Form to the Department. It must include landowner (Lessor) and water right information for each participating landowner. The signature page for the Lessor (landowner or other authorized individual/party) serves as a contract between a landowner and an irrigation district. The irrigation district would submit a completed Lessor Information and Signature Page for each participating landowner as part of its own completed District Instream Lease Application Form.
Note: If the water you receive is delivered by an
Irrigation District, the Irrigation District must be party to the Instream
Lease Application. The standard Instream
Lease Application may be used for a single landowner or if multiple
landowners/properties are involved, the District Instream Lease Application
should be used.
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