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Show IDAHO 735 available subject to appropriation at the location of the proposed well. An alternative to denial is the issuance of a permit for a lesser amount of water, to the extent it is available.306 When construction of works and application of water to beneficial use are completed, the permittee is entitled to make proof thereof and to receive a license.307 This license "shall be binding upon the state as to the right of such licensee to use the amount of water mentioned therein, and shall be prima facie evidence as to such right * * V308 Broadened Powers of Administrator The State Reclamation Engineer's powers with respect to ground waters were considerably broadened by the 1953 legislation. His specific duty is to control the appropriation and use of ground water and to protect the people of the State from depletion of ground water resources.309 He may take corrective action with respect to both, flowing and nonflowing wells on both public and private lands and cessation of their use, pending correction of defects. He may: commence and appear in judicial or administrative actions; prohibit or limit withdrawals of water when not legally available; and establish pumping levels in making determinations.310 It is specifically provided, "Water in a well shall not be deemed available to fill a water right therein if withdrawal therefrom of the amount called for by such right would affect, contrary to the declared policy of this act, the present or future use of any prior surface or ground water right or result in the withdrawing the ground water supply at a rate beyond the reasonably anticipated average rate of future natural recharge." 3U The State Reclamation Engineer also may determine areas of common ground water supply. If they affect streamflow in an organized water district, he may incorporate them therein, otherwise he is to create separate water districts based on common ground water supply.312 Administrative Determination of Adverse Claims Holders of surface or ground water rights thought to be adversely affected by ground or surface water rights of later priority may complain under oath to the State Reclamation Engineer. A local ground water board, comprising the State Reclamation Engineer, an engineer or geologist, and a resident irrigation farmer-who hold office until and only until the matter is disposed of-holds a 306 Idaho Code Ann. § 42-233a (Supp. 1969). 307 Idaho Code Ann. § 42-219 (1948). 308/tf. § 42-220. 309 Idaho Code Ann. § 42-231 (Supp. 1969). 310Id. § 42-237a. 311 Id. § 42-237a(g). This provision was applied in Stevenson v. Steele, 93 Idaho 4, 453 Pac. (2d) 819, 827 (1969). 312 Idaho Code Ann. § 42-237a (Supp. 1969). |