reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 41 - INSURANCE › Chapter 63 - OWN RISK AND SOLVENCY ASSESSMENT › Section 41-6302 - DEFINITIONS.

41-6302. DEFINITIONS. For purposes of this chapter:
(1) "Department" means the state department of insurance.
(2) "Director" means the director of the state department of insurance.
(3) "Insurance group" means, for the purpose of conducting an ORSA, those insurers and affiliates included within an insurance holding company system as defined in section 41-3802, Idaho Code.
(4) "Insurer" has the same meaning as set forth in section 41-103, Idaho Code, and shall not include agencies, authorities or instrumentalities of the United States, its possessions and territories, the commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state. For purposes of this chapter, the term "insurer" includes, but is not limited to:
(a) An entity holding a certificate of authority under chapter 3, title 41, Idaho Code;
(b) A service corporation holding a certificate of authority under chapter 34, title 41, Idaho Code;
(c) A managed care organization holding a certificate of authority under chapter 39, title 41, Idaho Code; and
(d) The state insurance fund created under chapter 9, title 72, Idaho Code.
(5) "Own risk and solvency assessment" or "ORSA" means a confidential internal assessment, appropriate to the nature, scale and complexity of an insurer or insurance group, conducted by that insurer or insurance group of the material and relevant risks associated with the insurer’s or the insurance group’s current business plan, and the sufficiency of capital resources to support those risks.
(6) "ORSA guidance manual" means the current version of the own risk and solvency assessment guidance manual developed and adopted by the national association of insurance commissioners (NAIC) and as amended from time to time and utilizing the version of the manual adopted by the director by rule, administrative order or bulletin.
(7) "ORSA summary report" means a confidential high-level summary of an insurer’s or an insurance group’s ORSA.
History:
[41-6302, added 2017, ch. 75, sec. 1, p. 188.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 63 - OWN RISK AND SOLVENCY ASSESSMENT › Section 41-6303 - RISK MANAGEMENT FRAMEWORK.

41-6303. RISK MANAGEMENT FRAMEWORK. An insurer shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing and reporting on its material and relevant risks. This requirement may be satisfied if the insurance group of which the insurer is a member maintains a risk management framework applicable to the operations of the insurer.
History:
[41-6303, added 2017, ch. 75, sec. 1, p. 189.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 63 - OWN RISK AND SOLVENCY ASSESSMENT › Section 41-6304 - ORSA REQUIREMENT.

41-6304. ORSA REQUIREMENT. Subject to section 41-6306, Idaho Code, an insurer, or the insurance group of which the insurer is a member, shall regularly conduct an ORSA consistent with a process comparable to the ORSA guidance manual. The ORSA shall be conducted no less than annually but also at any time when there are significant changes to the risk profile of the insurer or the insurance group of which the insurer is a member.
History:
[41-6304, added 2017, ch. 75, sec. 1, p. 189.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 63 - OWN RISK AND SOLVENCY ASSESSMENT › Section 41-6305 - ORSA SUMMARY REPORT.

41-6305. ORSA SUMMARY REPORT. (1) Upon the director’s request, and no more than once each year, an insurer shall submit to the director an ORSA summary report or any combination of reports that together contain the information described in the ORSA guidance manual, applicable to the insurer and/or the insurance group of which the insurer is a member. If the insurer is a member of an insurance group, the insurer shall submit the report(s) required by this subsection if the director is the lead state director of the insurance group as determined by the procedures within the financial analysis handbook adopted by the NAIC and as adopted by the director by rule, administrative order or bulletin.
(2) The report(s) shall include a signature of the insurer’s or the insurance group’s chief risk officer or other executive having responsibility for the oversight of the insurer’s enterprise risk management process attesting to the best of the officer’s or executive’s belief and knowledge that the insurer applies the enterprise risk management process described in the ORSA summary report and that a copy of the report has been provided to the insurer’s board of directors or the appropriate committee thereof.
(3) An insurer may comply with subsection (1) of this section by providing the most recent and substantially similar report(s) provided by the insurer or another member of an insurance group of which the insurer is a member to the director or commissioner of another state or to a supervisor or regulator of a foreign jurisdiction if that report provides information that is comparable to the information described in the ORSA guidance manual. Any such report in a language other than English must be accompanied by a translation of that report into the English language.
History:
[41-6305, added 2017, ch. 75, sec. 1, p. 189.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 63 - OWN RISK AND SOLVENCY ASSESSMENT › Section 41-6307 - CONTENTS OF ORSA SUMMARY REPORT.

41-6307. CONTENTS OF ORSA SUMMARY REPORT. (1) The ORSA summary report shall be prepared consistent with the ORSA guidance manual, subject to the requirements of subsection (2) of this section. Documentation and supporting information shall be maintained and made available upon examination or upon request of the director.
(2) The review of the ORSA summary report, and any additional requests for information, shall be made using similar procedures currently used in the analysis and examination of multistate or global insurers and insurance groups.
History:
[41-6307, added 2017, ch. 75, sec. 1, p. 191.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 64 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE › Section 41-6401 - PURPOSE AND SCOPE.

41-6401. PURPOSE AND SCOPE. (1) The purpose and scope of this chapter are to:
(a) Provide the insurance director a summary of an insurer or insurance group’s corporate governance structure, policies and practices to permit the director to gain and maintain an understanding of the insurer’s corporate governance framework;
(b) Outline the requirements for completing a corporate governance annual disclosure with the insurance director; and
(c) Provide for the confidential treatment of the corporate governance annual disclosure and related information that will contain confidential and sensitive information related to an insurer or insurance group’s internal operations and proprietary and trade secret information that, if made public, could potentially cause the insurer or insurance group competitive harm or disadvantage.
(2) Nothing in this chapter shall be construed to prescribe or impose corporate governance standards and internal procedures beyond that which is required under applicable state corporate law. Nothing in this chapter shall be construed to limit the director’s authority, or the rights or obligations of third parties, under applicable examination authority including, but not limited to, sections 41-219 and 41-3814, Idaho Code.
(3) The requirements of this chapter shall apply to all insurers domiciled in this state.
History:
[41-6401, added 2017, ch. 77, sec. 1, p. 209.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 64 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE › Section 41-6402 - DEFINITIONS.

41-6402. DEFINITIONS. As used in this chapter:
(1) "Corporate governance annual disclosure" or "CGAD" means a confidential report filed by the insurer or insurance group made in accordance with the requirements of this chapter.
(2) "Insurance group" means those insurers and affiliates included within an insurance holding company system as that term is defined in chapter 38, title 41, Idaho Code.
(3) "Insurer" has the same meaning as set forth in section 41-103, Idaho Code, and it shall not include agencies, authorities or instrumentalities of the United States, its possessions and territories, the commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state. For purposes of this chapter, the term "insurer" includes, but is not limited to:
(a) An entity holding a certificate of authority under chapter 3, title 41, Idaho Code;
(b) A service corporation holding a certificate of authority under chapter 34, title 41, Idaho Code;
(c) A managed care organization holding a certificate of authority under chapter 39, title 41, Idaho Code; and
(d) The state insurance fund, created under chapter 9, title 72, Idaho Code.
History:
[41-6402, added 2017, ch. 77, sec. 1, p. 209.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 64 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE › Section 41-6404 - CONTENTS OF CORPORATE GOVERNANCE ANNUAL DISCLOSURE.

41-6404. CONTENTS OF CORPORATE GOVERNANCE ANNUAL DISCLOSURE. (1) The insurer or insurance group shall have discretion over the responses to the CGAD inquiries, provided the CGAD shall contain the material information necessary to permit the director to gain an understanding of the insurer’s or group’s corporate governance structure, policies and practices including, without limitation, information concerning policies and practices of the board of directors, the senior governing entity and significant committees thereof, the policies and practices for directing senior management, and the processes by which the board of directors, the senior governing entity, its committees and senior management ensure an appropriate amount of oversight to the critical risk areas impacting the insurer’s business activities. The director may request additional information that the director deems material and necessary to provide the director with a clear understanding of the corporate governance policies, the reporting or information system, or the controls implementing those policies.
(2) The CGAD shall be prepared consistent with any rules promulgated by the director. Documentation and supporting information shall be maintained and made available upon examination or upon request of the director.
(3) Each year following the initial filing of the CGAD, the insurer or insurance group shall file an amended version of the previously filed CGAD indicating where changes have been made. If no changes were made in the information or activities reported by the insurer or insurance group, the filing should so state.
History:
[41-6404, added 2017, ch. 77, sec. 1, p. 210.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 64 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE › Section 41-6406 - NAIC AND THIRD-PARTY CONSULTANTS.

41-6406. NAIC AND THIRD-PARTY CONSULTANTS. (1) The director may retain third-party consultants not otherwise part of the director’s staff as may be reasonably necessary to assist the director in reviewing the CGAD and related information or the insurer’s compliance with this chapter.
(2) Any persons retained under subsection (1) of this section shall be under the direction and control of the director and shall act in a purely advisory capacity.
(3) The NAIC and third-party consultants shall be subject to the same confidentiality standards and requirements as the director.
(4) As part of the retention process, a third-party consultant shall verify to the director, with notice to the insurer, that it is free of a conflict of interest and that it has internal procedures in place to monitor compliance with a conflict and to comply with the confidentiality standards and requirements of this chapter.
(5) A written agreement with the NAIC and/or a third-party consultant governing sharing and use of information provided pursuant to this chapter shall contain the following provisions and expressly require the written consent of the insurer prior to making public information provided under this chapter:
(a) Specific procedures and protocols for maintaining the confidentiality and security of CGAD-related information shared with the NAIC or a third-party consultant pursuant to this chapter;
(b) Procedures and protocols for sharing by the NAIC only with other state regulators from states in which the insurance group has domiciled insurers. The agreement shall provide that the recipient agrees in writing to maintain the confidentiality and privileged status of the CGAD-related documents, materials or other information and has verified in writing the legal authority to maintain confidentiality;
(c) A provision specifying that ownership of the CGAD-related information shared with the NAIC or a third-party consultant remains with the department of insurance and the NAIC’s or third-party consultant’s use of the information is subject to the direction of the director;
(d) A provision that prohibits the NAIC or a third-party consultant from storing the information shared pursuant to this chapter in a permanent database after the underlying analysis is completed;
(e) A provision requiring the NAIC or third-party consultant to provide prompt notice to the director and to the insurer or insurance group regarding any subpoena, request for disclosure or request for production of the insurer’s CGAD-related information; and
(f) A requirement that the NAIC or a third-party consultant consent to intervention by an insurer in any judicial or administrative action in which the NAIC or a third-party consultant may be required to disclose confidential information about the insurer shared with the NAIC or a third-party consultant pursuant to this chapter.
History:
[41-6406, added 2017, ch. 77, sec. 1, p. 212.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 65 - COVERAGE FOR PARTICIPANTS IN CLINICAL TRIALS › Section 41-6501 - “ROUTINE PATIENT CARE COSTS” DEFINED.

41-6501. "ROUTINE PATIENT CARE COSTS" DEFINED. "Routine patient care costs" means the costs of any medically necessary health care service for which benefits are provided under a health benefit plan, without regard to whether the enrollee is participating in a clinical trial. Routine patient care costs do not include the cost:
(1) Of an investigational new drug or device that is not approved for any indication by the United States food and drug administration;
(2) Of a service that is not a health care service, regardless of whether the service is required in connection with participation in a clinical trial;
(3) Of a service that is inconsistent with widely accepted and established standards of care for a particular diagnosis;
(4) Associated with managing a clinical trial; or
(5) Of a health care service that is specifically excluded from coverage under a health benefit plan.
History:
[41-6501, added 2019, ch. 192, sec. 1, p. 604.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 65 - COVERAGE FOR PARTICIPANTS IN CLINICAL TRIALS › Section 41-6502 - REQUIRED COVERAGE.

41-6502. REQUIRED COVERAGE. The issuer of a health benefit plan shall provide benefits for routine patient care costs to an enrollee in connection with an approved clinical trial. For purposes of this chapter, "approved clinical trial" means a phase I, phase II, phase III, or phase IV clinical trial that is conducted in relation to the prevention, detection, or treatment of a disease or condition and:
(1) The study or investigation is approved or funded, which may include funding through in-kind contributions, by one (1) or more of the following:
(a) The national institutes of health;
(b) The centers for disease control and prevention;
(c) The agency for healthcare research and quality;
(d) The centers for medicare and medicaid services;
(e) A cooperative group or center of any of the entities through the department of defense or the department of veterans affairs; or
(f) A qualified nongovernmental research entity identified in the guidelines issued by the national institutes of health for center support grants;
(2) The study or investigation is conducted under an investigational new drug application reviewed by the food and drug administration;
(3) The study or investigation is not a new drug trial and therefore exempt from having such an investigational new drug application by the food and drug administration; or
(4) The study or investigation has been reviewed and approved by an institutional review board of an institution that has an agreement with the office for human research protections of the United States department of health and human services.
History:
[41-6502, added 2019, ch. 192, sec. 1, p. 604.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 65 - COVERAGE FOR PARTICIPANTS IN CLINICAL TRIALS › Section 41-6503 - RESEARCH INSTITUTIONS.

41-6503. RESEARCH INSTITUTIONS. The issuer of a health benefit plan is not required to:
(1) Reimburse a research institution conducting a clinical trial for the cost of routine patient care provided through the research institution unless the research institution, and each health care professional providing routine patient care through the research institution, agrees to accept reimbursement under the health benefit plan at the rates established under the plan as payment in full for the routine patient care provided in connection with the clinical trial; or
(2) Provide benefits under this section for services that are customarily paid for by the research institution conducting the clinical trial in accordance with centers for medicare and medicaid services billing guidelines.
History:
[41-6503, added 2019, ch. 192, sec. 1, p. 605.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 65 - COVERAGE FOR PARTICIPANTS IN CLINICAL TRIALS › Section 41-6504 - LIMITATIONS ON COVERAGE.

41-6504. LIMITATIONS ON COVERAGE. The issuer of a health benefit plan is not required to provide benefits for routine patient care services provided outside:
(1) Of the plan’s health care provider network, unless out-of-network benefits are otherwise provided under the plan; or
(2) This state, unless the health benefit plan otherwise provides benefits for health care services provided outside this state.
History:
[41-6504, added 2019, ch. 192, sec. 1, p. 605.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 65 - COVERAGE FOR PARTICIPANTS IN CLINICAL TRIALS › Section 41-6505 - INSURER LIABILITY.

41-6505. INSURER LIABILITY. An insurer that provides coverage required by this chapter is not, based on that coverage, liable for any adverse effects of the approved clinical trial.
History:
[41-6505, added 2019, ch. 192, sec. 1, p. 605.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 65 - COVERAGE FOR PARTICIPANTS IN CLINICAL TRIALS › Section 41-6506 - DEDUCTIBLE, COINSURANCE, AND COPAYMENT REQUIREMENTS.

41-6506. DEDUCTIBLE, COINSURANCE, AND COPAYMENT REQUIREMENTS. Benefits may be made subject to a deductible, coinsurance, or copayment requirement comparable to other deductible, coinsurance, or copayment requirements applicable under the health benefit plan.
History:
[41-6506, added 2019, ch. 192, sec. 1, p. 605.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 65 - COVERAGE FOR PARTICIPANTS IN CLINICAL TRIALS › Section 41-6507 - CANCELLATION OR NONRENEWAL PROHIBITED.

41-6507. CANCELLATION OR NONRENEWAL PROHIBITED. The issuer of a health benefit plan may not cancel or refuse to renew coverage under a plan solely because an enrollee in the plan participates in a clinical trial.
History:
[41-6507, added 2019, ch. 192, sec. 1, p. 605.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 66 - FAIR PHARMACY AUDITS ACT › Section 41-6601 - SHORT TITLE.

41-6601. SHORT TITLE. This chapter shall be known and may be cited as the "Fair Pharmacy Audits Act."
History:
[41-6601, added 2023, ch. 233, sec. 1, p. 719.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 66 - FAIR PHARMACY AUDITS ACT › Section 41-6602 - PURPOSE AND APPLICABILITY.

41-6602. PURPOSE AND APPLICABILITY. (1) The purpose of this chapter is to establish minimum and uniform standards and criteria for the audit of pharmacies.
(2) The provisions of this chapter shall apply to any audit of a pharmacy conducted on or after July 1, 2023, unless:
(a) Contrary provisions for a specific type of audit are provided in federal or state law, rule, or procedure;
(b) The audit relates to medicaid payments;
(c) The audit is an investigative audit based on reasonable suspicion of willful misrepresentation, abuse, waste, or fraud; or
(d) The audit is a financial examination conducted by a certified public accountant according to generally accepted auditing standards.
History:
[41-6602, added 2023, ch. 233, sec. 1, p. 719.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 66 - FAIR PHARMACY AUDITS ACT › Section 41-6604 - APPEALS PROCESS.

41-6604. APPEALS PROCESS. (1) Each person or entity conducting an audit shall establish a written appeals process under which a pharmacy may appeal an unfavorable preliminary audit report or final audit report to the person or entity. The pharmacy must submit documentation or other evidence to support its appeal.
(2) Following an appeal, if the person or entity finds that an unfavorable audit report is unsubstantiated, the person or entity shall dismiss the unsubstantiated portion of the audit report.
(3) Any final audit report, following the final audit appeal period, with a finding of potential criminal conduct shall be referred to the prosecuting attorney having proper jurisdiction upon completion of the appeals process.
History:
[41-6604, added 2023, ch. 233, sec. 1, p. 722.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 66 - FAIR PHARMACY AUDITS ACT › Section 41-6605 - EXTRAPOLATION AUDIT PROHIBITED.

41-6605. EXTRAPOLATION AUDIT PROHIBITED. (1) As used in this section, "extrapolation audit" means an audit of a sample of prescription drug benefit claims submitted by a pharmacy to the person or entity conducting an audit that is then used to estimate audit results for a larger batch or group of claims not reviewed by the auditor.
(2) No person or entity may conduct an extrapolation audit unless otherwise required by federal law or federal plans. A person or entity conducting an audit shall not use the accounting practice of extrapolation in calculating recoupments or penalties for audits.
History:
[41-6605, added 2023, ch. 233, sec. 1, p. 722.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS › Section 42-101 - NATURE OF PROPERTY IN WATER.

42-101. NATURE OF PROPERTY IN WATER. Water being essential to the industrial prosperity of the state, and all agricultural development throughout the greater portion of the state depending upon its just apportionment to, and economical use by, those making a beneficial application of the same, its control shall be in the state, which, in providing for its use, shall equally guard all the various interests involved. All the waters of the state, when flowing in their natural channels, including the waters of all natural springs and lakes within the boundaries of the state are declared to be the property of the state, whose duty it shall be to supervise their appropriation and allotment to those diverting the same therefrom for any beneficial purpose, and the right to the use of any of the waters of the state for useful or beneficial purposes is recognized and confirmed; and the right to the use of any of the public waters which have heretofore been or may hereafter be allotted or beneficially applied, shall not be considered as being a property right in itself, but such right shall become the complement of, or one of the appurtenances of, the land or other thing to which, through necessity, said water is being applied; and the right to continue the use of any such water shall never be denied or prevented from any other cause than the failure on the part of the user thereof to pay the ordinary charges or assessments which may be made to cover the expenses for the delivery of such water.
History:
[(42-101) 1900, p. 191, sec. 9b; reen. R.C. & C.L., sec. 3240; C.S., sec. 5556; I.C.A., sec. 41-101.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS › Section 42-102 - MEASUREMENT OF WATER.

42-102. MEASUREMENT OF WATER. A cubic foot of water per second of time shall be the legal standard for the measurement of water in this state, and it shall be the duty of the department of water resources to devise a simple, uniform system for the measurement and distribution of water.
History:
[(42-102) 1899, p. 380, secs. 1, 21; reen. R.C. & C.L., sec. 3241; C.S., sec. 5557; I.C.A., sec. 41-102.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS › Section 42-103 - RIGHT ACQUIRED BY APPROPRIATION.

42-103. RIGHT ACQUIRED BY APPROPRIATION. The right to the use of the unappropriated waters of rivers, streams, lakes, springs, and of subterranean waters or other sources within this state shall hereafter be acquired only by appropriation under the application, permit and license procedure as provided for in this title, unless hereinafter in this title excepted.
History:
[(42-103) R.S., sec. 3155; 1899, p. 380, sec. 2; reen. R.C. & C.L., sec. 3242; C.S., sec. 5558; I.C.A., sec. 41-103; am. 1971, ch. 177, sec. 1, p. 843.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS › Section 42-104 - APPROPRIATION MUST BE FOR BENEFICIAL PURPOSE.

42-104. APPROPRIATION MUST BE FOR BENEFICIAL PURPOSE. The appropriation must be for some useful or beneficial purpose, and when the appropriator or his successor in interest ceases to use it for such purpose, the right ceases.
History:
[(42-104) R.S., sec. 3156; 1899, p. 380, sec. 3; reen. R.C. & C.L., sec. 3243; C.S., sec. 5559; I.C.A., sec. 41-104.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS › Section 42-105 - USE OF NATURAL WATERWAYS — MEASUREMENT OF COMMINGLED WATER — APPROVAL OF RIGHT TO EXCHANGE WATER.

42-105. USE OF NATURAL WATERWAYS — MEASUREMENT OF COMMINGLED WATER — APPROVAL OF RIGHT TO EXCHANGE WATER. (1) The water that a person is entitled to divert by reason of a valid water right may be turned into the channel of a natural waterway and mingled with its water, and then reclaimed, but in reclaiming the water so mingled, the amount of water to which prior appropriators may be entitled shall not be diminished, and due allowance shall be made for loss by evaporation and seepage. The use of natural waterways to commingle and reclaim water shall be subject at all times to the supervision and control of the director of the department of water resources and shall be subject to the regulation of the watermaster within an established water district. The amounts of water turned into or diverted from all natural waterways are subject to the requirement of measurement and reporting.
(2) The water that a person is entitled to divert by reason of a valid water right, or water that a person is seeking to appropriate, may be exchanged for water under another water right, or for other water from the same or another source, as hereinafter provided:
(a) If the applicant intends to exchange water the applicant is entitled to divert under an existing valid water right for any other water, approval of the exchange shall be obtained by filing an application under the provisions of section 42-240, Idaho Code;
(b) If the applicant proposes to exchange water that the applicant is seeking to appropriate, approval of the exchange shall be obtained by filing an application to appropriate water under section 42-202, Idaho Code. The proposed exchange shall be described in the application and the application shall be processed in accordance with the provisions of section 42-203A, Idaho Code. If the application seeks to exchange the water to be appropriated with water available under another water right, the application shall be accompanied by an agreement to exchange signed by the owner of the existing water right. An exchange with water under an existing water right cannot result in an enlargement in use of the existing right.
(3) An exchange of water hereafter made without the approval of the department of water resources as provided in this section shall be invalid. Nothing in this section shall affect the right a person may have or may obtain to turn water into a ditch or other artificial conveyance and reclaim the water.
History:
[(42-105) R.S., sec. 3158; reen. R.C., sec. 3244; am. 1911, ch. 149, sec. 1, p. 454; C.L., sec. 3244; C.S., sec. 5560; I.C.A., sec. 41-105; am. 1969, ch. 300, sec. 1, p. 900; am. 1998, ch. 424, sec. 1, p. 1339.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS › Section 42-106 - PRIORITY.

42-106. PRIORITY. As between appropriators, the first in time is first in right.
History:
[(42-106) R.S., sec. 3159; 1899, p. 380, sec. 4; reen. R.C. & C.L., sec. 3245; C.S., sec. 5561; I.C.A., sec. 41-106.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS › Section 42-107 - PRIORITY — WASTE, SEEPAGE, AND SPRING WATERS.

42-107. PRIORITY — WASTE, SEEPAGE, AND SPRING WATERS. All ditches now constructed or which may hereafter be constructed for the purpose of utilizing seepage, waste or spring water of the state, shall be governed by the same laws relating to priority of right as those ditches, canals and conduits constructed for the purpose of utilizing the waters of running streams.
History:
[(42-107) 1899, p. 380, sec. 23; reen. R.C. & C.L., sec. 3246; C.S., sec. 5562; I.C.A., sec. 41-107.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS › Section 42-108 - CHANGE IN POINT OF DIVERSION, PLACE OF USE, PERIOD OF USE, OR NATURE OF USE — APPLICATION OF ACT.

42-108. CHANGE IN POINT OF DIVERSION, PLACE OF USE, PERIOD OF USE, OR NATURE OF USE — APPLICATION OF ACT. The person entitled to the use of water or owning any land to which water has been made appurtenant either by a decree of the court or under the provisions of the constitution and statutes of this state, may change the point of diversion, period of use, or nature of use, and/or may voluntarily abandon the use of such water in whole or in part on the land which is receiving the benefit of the same and transfer the same to other lands, if the water rights of others are not injured by such change in point of diversion, place of use, period of use, or nature of use, provided; if the right to the use of such water, or the use of the diversion works or irrigation system is represented by shares of stock in a corporation or if such works or system is owned and/or managed by an irrigation district, no change in the point of diversion, place of use, period of use, or nature of use of such water shall be made or allowed without the consent of such corporation or irrigation district. Any permanent or temporary change in period or nature of use in or out-of-state for a quantity greater than fifty (50) cfs or for a storage volume greater than five thousand (5,000) acre-feet shall require the approval of the legislature, except that any temporary change within the state of Idaho for a period of less than three (3) years may be approved by the director without legislative approval.
Any person desiring to make such change of point of diversion, place of use, period of use, or nature of use of water shall make application for change with the department of water resources under the provisions of section 42-222, Idaho Code. After the effective date of this act, no person shall be authorized to change the period of use or nature of use, point of diversion or place of use of water unless he has first applied for and received approval of the department of water resources under the provisions of section 42-222, Idaho Code.
History:
[(42-108) R.S., sec. 3157; 1899, p. 380, sec. 11; reen. R.C. & C.L., sec. 3247; C.S., sec. 5563; I.C.A., sec. 41-108; am. 1943, ch. 53, sec. 1, p. 101; am. 1947, ch. 80, sec. 1, p. 130; am. 1969, ch. 303, sec. 1, p. 905; am. 1981, ch. 147, sec. 1, p. 253; am. 1986, ch. 313, sec. 1, p. 764.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS › Section 42-108A - LEASING OF WATER FOR HYDROELECTRIC GENERATION — EXCEPTION TO REQUIREMENT OF APPLICATION TO CHANGE NATURE OF USE.

42-108A. LEASING OF WATER FOR HYDROELECTRIC GENERATION — EXCEPTION TO REQUIREMENT OF APPLICATION TO CHANGE NATURE OF USE. Any person having the right to the beneficial use of a water right may lease the water to a private or public utility doing business in the state of Idaho for hydroelectric generation purposes within the state of Idaho for a period not to exceed one (1) year on application to the department of water resources indicating the name of the owner of the right, the lessor, the lessee, the amount of water leased, the duration of the lease, and the proposed place of use and point of diversion. Such a lease or leases shall not constitute a change in the nature of use of such water nor shall the same constitute an abandonment or forfeiture or any other diminution of such water right.
History:
[42-108A, added 1981, ch. 267, sec. 1, p. 566.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS › Section 42-109 - CHANGE IN COURSE OF DITCH — WHEN PROHIBITED.

42-109. CHANGE IN COURSE OF DITCH — WHEN PROHIBITED. Whenever any ditch or canal has been constructed for the purpose of conveying water and selling the same for irrigating purposes, it is unlawful for the owner or owners of said ditch or canal to change the line of said ditch or canal so as to prevent or interfere with the use of water from said ditch or canal, by any one who, prior to the proposed change, had used water for irrigating purposes from said ditch or canal.
History:
[(42-109) R.S., part of sec. 3189; reen. R.C. & C.L., sec. 3248; C.S., sec. 5564; I.C.A., sec. 41-109.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS › Section 42-110 - RIGHT TO DIVERT WATER.

42-110. RIGHT TO DIVERT WATER. The proprietors of any ditch, canal or conduit, or other works for the diversion and carriage of water, whose right relative to the quantity of water they shall be entitled to divert by means of such works shall have been established by any valid claim, permit, license or decree of court, shall be entitled to such quantity measured at the point of diversion, subject, however, to all prior rights. Water diverted from its source pursuant to a water right is the property of the appropriator while it is lawfully diverted, captured, conveyed, used, or otherwise physically controlled by the appropriator.
History:
[(42-110) 1899, p. 380, sec. 32; reen. R.C. & C.L., sec. 3249; C.S., sec. 5565; I.C.A., sec. 41-110; am. 2004, ch. 191, sec. 1, p. 601.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS › Section 42-111 - DOMESTIC PURPOSES DEFINED.

42-111. DOMESTIC PURPOSES DEFINED. (1) For purposes of sections 42-221, 42-227, 42-230, 42-235, 42-237a, 42-242, 42-243 and 42-1401A, Idaho Code, the phrase "domestic purposes" or "domestic uses" means:
(a) The use of water for homes, organization camps, public campgrounds, livestock and for any other purpose in connection therewith, including irrigation of up to one-half (1/2) acre of land, if the total use is not in excess of thirteen thousand (13,000) gallons per day, or
(b) Any other uses, if the total use does not exceed a diversion rate of four one-hundredths (0.04) cubic feet per second and a diversion volume of twenty-five hundred (2,500) gallons per day.
(2) For purposes of the sections listed in subsection (1) of this section, domestic purposes or domestic uses shall not include water for multiple ownership subdivisions, mobile home parks, or commercial or business establishments, unless the use meets the diversion rate and volume limitations set forth in subsection (1)(b) of this section.
(3) Multiple water rights for domestic uses or domestic purposes, as defined in this section, shall not be established or exercised in a manner to satisfy a single combined water use or purpose that would not itself come within the definition of a domestic use or purpose under this section. The purpose of this limitation is to prohibit the diversion and use of water, under a combination of domestic purposes or domestic uses as defined in this section, to provide a supply of water for a use that does not meet the exemption of section 42-227, Idaho Code, and is required to comply with the mandatory application and permit process for developing a right to the use of water pursuant to chapter 2, title 42, Idaho Code.
History:
[(42-111) 1899, p. 380, part of sec. 12; reen. R.C. & C.L., sec. 3250; C.S., sec. 5566; I.C.A., sec. 41-111; am. 1990, ch. 319, sec. 1, p. 870; am. 1995, ch. 233, sec. 1, p. 790.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS › Section 42-112 - COMPLETION DEFINED.

42-112. COMPLETION DEFINED. By completion is meant conducting the waters to the place of intended use.
History:
[(42-112) R.S., sec. 3162; 1899, p. 380, sec. 7; reen. R.C. & C.L., sec. 3251; C.S., sec. 5567; I.C.A., sec. 41-112.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS › Section 42-114 - STOCK WATERING PERMIT.

42-114. STOCK WATERING PERMIT. Any permit issued for the watering of domestic livestock shall be issued to the person or association of persons making application therefor and the watering of domestic livestock by the person or association of persons to whom the permit was issued shall be deemed a beneficial use of the water.
As used in this section, the "watering of domestic livestock" means the drinking of water by domestic livestock from a natural stream, ground water source or other source.
History:
[42-114, added 1986, ch. 199, sec. 1, p. 498.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS › Section 42-115 - STORAGE.

42-115. STORAGE. To ensure that new or proposed projects to store more than one thousand (1,000) acre feet of surface water do not interfere with the storage of water in existing on-stream storage reservoirs operated for storage and flood control purposes, the director of the department of water resources shall subordinate permits and licenses for projects to store more than one thousand (1,000) acre feet of surface water issued after the effective date of this section to the capture and retention of water in existing on-stream storage reservoirs during and following flood control operations until the date of allocation.
History:
[42-115, added 2019, ch. 16, sec. 1, p. 18.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-203C - HYDROPOWER WATER RIGHT — CRITERIA FOR REALLOCATION — WEIGHT — BURDEN OF PROOF.

42-203C. HYDROPOWER WATER RIGHT — CRITERIA FOR REALLOCATION — WEIGHT — BURDEN OF PROOF. (1) If an applicant intends to appropriate water which is held in trust by the state of Idaho pursuant to subsection (5) of section 42-203B, Idaho Code, the director shall consider, prior to approving the application, the criteria established in section 42-203A, Idaho Code, and whether the proposed use, individually or cumulatively with other existing uses, or uses reasonably likely to exist within twelve (12) months of the proposed use, would significantly reduce the amount of trust water available to the holder of the water right used for power production that is defined by agreement pursuant to subsection (5) of section 42-203B, Idaho Code, and, if so, whether the proposed reduction is in the public interest.
(2) (a) The director in making such public interest determinations for purposes of this section shall consider:
(i) The potential benefits, both direct and indirect, that the proposed use would provide to the state and local economy;
(ii) The economic impact the proposed use would have upon electric utility rates in the state of Idaho, and the availability, foreseeability and cost of alternative energy sources to ameliorate such impact;
(iii) The promotion of the family farming tradition;
(iv) The promotion of full economic and multiple use development of the water resources of the state of Idaho;
(v) In the Snake River Basin above the Murphy gauge whether the proposed development conforms to a staged development policy of up to twenty thousand (20,000) acres per year or eighty thousand (80,000) acres in any four (4) year period.
No single factor enumerated above shall be entitled to greater weight by the director in arriving at this determination.
(b) The burden of proof under the provisions of this section shall be on the protestant.
History:
[42-203C, added 1985, ch. 17, sec. 3, p. 26; am. 1986, ch. 117, sec. 2, p. 311.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-203D - REVIEW OF PERMITS — OPPORTUNITY FOR HEARING.

42-203D. REVIEW OF PERMITS — OPPORTUNITY FOR HEARING. (1) The director of the department of water resources shall review all permits issued prior to July 1, 1985, which propose to divert water held in trust by the state of Idaho pursuant to subsection (5) of section 42-203B, Idaho Code, except to the extent a permit has been put to beneficial use prior to July 1, 1985, to determine whether they comply with the provisions of section 42-203C, Idaho Code. If the department finds that the proposed use is allowed under section 42-203C, Idaho Code, then the department shall enter an order continuing the permit. If the department finds that the proposed use is not allowed under section 42-203C, Idaho Code, then the department shall either cancel the permit or impose the conditions required to bring the permit into compliance with section 42-203C, Idaho Code.
(2) The department shall provide an opportunity for hearing in accordance with section 42-1701A, Idaho Code, and chapter 52, title 67, Idaho Code, for each holder of a permit that is proposed either to be cancelled or made subject to new conditions.
History:
[42-203D, added 1985, ch. 17, sec. 4, p. 27; am. 1986, ch. 117, sec. 3, p. 311; am. 1993, ch. 216, sec. 32, p. 612.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-205 - ISSUANCE OF PERMIT — RESTRICTIONS — PREFERENCE.

42-205. ISSUANCE OF PERMIT — RESTRICTIONS — PREFERENCE. (1) No permit shall be issued by the department of water resources of the state of Idaho, for the appropriation of water for power purposes, nor shall any such permit be assigned, transferred, mortgaged, sold or conveyed to any person, firm or corporation except in accordance with the provisions of this act.
(2) Water cannot be appropriated for hydropower development uses within or using existing man-made irrigation facilities without the permission of the owner thereof.
(3) When competing applications for a permit have been filed prior to the effective date of this act for the additional use for hydropower purposes that would utilize facilities that are owned or controlled by the holder of an existing water permit, license, decree, or established constitutional water usage, the director shall give preference to the application of the owner of the existing rights or his agent.
History:
[42-205, added 1937, ch. 142, sec. 1, p. 233; am. 1947, ch. 66, sec. 1, p. 106; am. 1981, ch. 206, sec. 1, p. 372.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-206 - RESIDENCE A REQUISITE FOR ISSUANCE.

42-206. RESIDENCE A REQUISITE FOR ISSUANCE. No permit to appropriate water for power purposes in the state of Idaho shall hereafter be granted to any person or association of persons not an actual bona fide resident or residents of the state of Idaho, nor to any corporation or partnership unless organized or qualified to do business in and under the laws of the state of Idaho.
History:
[42-206, added 1937, ch. 142, sec. 2, p. 233; am. 1947, ch. 66, sec. 2, p. 106; am. 1986, ch. 217, sec. 1, p. 554.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-207 - SALE, TRANSFER, ASSIGNMENT OR MORTGAGE OF PERMIT.

42-207. SALE, TRANSFER, ASSIGNMENT OR MORTGAGE OF PERMIT. Whenever the holder of a permit to appropriate water for power purposes within the state of Idaho, desires to sell, assign, transfer or mortgage such permit so held by him, he shall file with the director of the department of water resources a copy of the deed, bill of sale, assignment, mortgage or other document of transfer, together with such proof as the director of the department of water resources may require that the new owner, holder or assignee of such permit, or the mortgagee, or one or more of the trustees under any mortgage trust indenture, possesses the qualifications set forth in section 42-206, [Idaho Code,] and that such transfer is made in good faith, and not for purposes of speculation or delay; and the sale, transfer, assignment or mortgaging of any such permit except as herein provided shall be void, it being the express intention of the legislature to prohibit the transfer of permits to appropriate water for power purposes by mortgaging the same or otherwise, except in accordance with the provisions of this act.
History:
[42-207, added 1937, ch. 142, sec. 3, p. 233; am. 1947, ch. 66, sec. 3, p. 106.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-208 - CANCELLATION OR REVOCATION FOR NONCOMPLIANCE.

42-208. CANCELLATION OR REVOCATION FOR NONCOMPLIANCE. Every permit to appropriate water for power purposes hereafter issued by the director of the department of water resources shall have plainly printed thereon, that the same is issued subject to the provisions of this act and in the event of its sale, transfer, assignment or of its being mortgaged without a compliance with the provisions of this act, such permit shall be immediately canceled and revoked by the director of the department of water resources.
History:
[42-208, added 1937, ch. 142, sec. 4, p. 233; am. 1947, ch. 66, sec. 4, p. 106.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-209 - EFFECT OF ILLEGAL TRANSFER.

42-209. EFFECT OF ILLEGAL TRANSFER. Every permit to appropriate water for power purposes that shall be sold, transferred, assigned or mortgaged in violation of the provisions of this act shall be immediately canceled, and the transfer thereof shall not be binding on the state of Idaho.
History:
[42-209, added 1937, ch. 142, sec. 5, p. 233; am. 1947, ch. 66, sec. 5, p. 106.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-210 - APPLICATION OF ACT.

42-210. APPLICATION OF ACT. The provisions of this act shall not apply to any municipal corporations within the state.
History:
[42-210, added 1937, ch. 142, sec. 6, p. 233.]