with the Federal Energy Regulatory Commission and learned that the federal license "will not change upon renewal." 4 . The position statement included an Administrator's Memorandum, dated June 19, 1986, indicating how regional offices should handle approval of permits for hydropower purposes. The memorandum indicates that when dealing with a hydropower application coming within FERC jurisdiction, departmental staff need to be aware of FERC licensing conditions for the facility in question. An attachment to the memorandum shows standard conditions of approval for a state water rights permit and the language of one of such conditions is that which was incorporated into the license at issue in this case. The memorandum notes that an applicant "can request Department action on 0-41 (1969) (<HOLDING>). 7 . It was also after the enactment of I.C. §
holding that simply because claimants had diverted the entire run of the water at issue did not give them the ability to claim a right to all the water when they could not and had not put it to beneficial use holding that until the state issues a certificate of appropriation any right to use the water remains inchoate holding that a water right is a property right created by a person appropriating unappropriated water and applying it to a beneficial use holding that the legislative assembly intended the water right certificate not the permit even when followed by a beneficial use to mark the point at which a water right becomes vested recognizing the right to use water to generate power