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Show 266 IDAHO (2) Criteria for approval.-From the evidence presented at the hearing, the director is required to find and determine the use to which the water will be applied, whether the proposed use will re- duce the quantity of water below that necessary to supply existing water rights, whether tha application is made in good faith and not for delay or speculative purposes, and whether the applicant has suf- ficient financial resources to complete the project. If the application fails to meet these criteria, the director must reject the application or grant it for a lesser quantity of water.50 Also, in the case of appli- cations which have been referred to the water resources board, he may reject such applications if the approval would not be in the public interest or would conflict with the establishment or execution of a State water plan or policy.61 An application for a permit is an inchoate or contingent right which will become a vested water right only if the holder of the permit proceeds to perfect it in accordance with the statutory requirements.52 (3) Perfecting the permit.-Upon obtaining approval of his ap- plication, the applicant must proceed with diligence to complete his appropriation. As a part of the approval, the director grants the applicant a specified time within which to divert the water and place it to beneficial use. Extensions of time can be granted under the statute.53 Earlier statutes did not specify a time within which the water had to be placed to beneficial use. An appropriator was given a reasonable time, and what constituted a reasonable time depended on the circumstances of each case.54 If the applicant fails to submit proof of appropriation within the specified time, the application will lapse; however, the director may, within 60 days from date of lapsing and upon a showing of reason- able cause, reinstate the permit, but he must reduce the priority date.55 However, if proof of appropriation is submitted on or be- fore the date due, and if it meets the statutory requirements, the applicant is then issued a license confirming his water use. Such li- cense is binding upon the State, constitutes prima facie evidence of the water right, and becomes appurtenant to the land upon which the water is used, so that title thereto passes with a conveyance of the land.68 (4) Judicial review.-Any person who formally appears at the hearing and who is aggrieved by a decision of the director in approving or rejecting an application, may appeal to the district court within 60 days.67 (5) Rights-of-way.-Idaho statutes authorize the acquisition of a right-of-way for the construction of water conveyance facilities by individuals, companies, and corporations across private lands by the exercise of the power of eminent domain.58 Prescriptive rights-of- 50 Idaho code, sec. 42-203. 61 Idaho code, sec. 42-1737. saBig Wood Canal v. Chapman, 45 Idaho 380, 263 Pac. 45 (1927). 53 Idaho code, sees. 42-204, 42-218; Keller v. Magic Water Co., 92 Idaho 276, 441 P. 2d 725 (1968). M Idaho code, sec. 42-218a. 65 Idaho Code, sec. 42-218a. 30 Idaho code sees. 42-219, 42-220. Also see Basinger v. Taylor, 36 Idaho 591, 211 Pac. 1085 (1922). 57 Idaho code, sec. 42-204. 68 Idaho code, sees. 42-1101 to 42-1108. |