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Show 264 IDAHO However, a permit is also required from the department of water administration. There is also a revolving development fund, from which the board may loan money to certain local organizations and individuals for the development of water projects, including the rehabilitation or improvement of existing systems or facilities. Title to all projects constructed from this revolving fund must be conveyed to the board to secure repayment of the loan.32 d. AGENCIES AT THE LOCAL, LEVEL Local agencies with responsibility in the field of water develop- ment and conservation include: (1) The various boards of county commissioners which are em- powered, upon petition of the requisite landowners, to construct and maintain public drainage or irrigation systems for the irrigation or drainage of lands lying within the county.33 (2) Drainage districts.84 (3) Flood control district.35 (4) Water and sewer districts.36 (5) Irrigation districts.37 3. Surface Waters The Idaho Supreme Court has defined a watercourse as a stream flowing in a definite channel, having a bed and banks and discharg- ing itself into some other stream or body of water, but has said that the flow need not be constant.88 The State constitution provides that the right to appropriate water from the unappropriated waters of any natural stream shall never be denied.39 However, the director is prohibited from issuing permits on private waters, which are lakes not exceeding 5 acres in surface area and springs located wholly on private property. If these waters flow off of the private lands, they are then considered public waters subject to appropriation.40 3.1 Method of Acquiring Rights Prior to 1971 there were two equally valid methods of appropria- ting water in Idaho-the constitutional method and the statutory method. Legislation was enacted in 1971 stating that the statutory procedure is now the exclusive procedure for initiating new rights. a. CONSTITUTIONAL METHOD As noted above, the Idaho constitution declares that the right to appropriate the unappropriated water from a stream shall never be *» Idaho code, sees. 42-1750 to 42-1756. as Idaho code, sees. 42-2801 to 42-2823. s* Idaho code, sees. 42-2901 to 42-2980. 85 Idaho code, sees. 42-3101 to 42-3124. »Idaho code, sees. 42-3201 to 42-3227. 87 Idaho code, sees. 43-101 to 43-2112. ss Scott v. Watkina, 63 Idaho 506, 122 P. 2d 220 (1942). 88 Idaho Const, art XV, sec. 3. «° Idaho code, sec. 42-212; and Jones v. Mclntire, 60 Idaho 338, 91 P. 2d 373 (1939). |