reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-212 - DIVERSION OF PRIVATE WATERS.

42-212. DIVERSION OF PRIVATE WATERS. The department of water resources is hereby prohibited from issuing or granting permits to divert or appropriate the waters of any lake not exceeding five (5) acres in surface area at highwater mark, pond, pool or spring in this state, which is located or situated wholly or entirely upon the lands of a person or corporation, except to the person or corporation owning said land, or with his or its written permission, executed and acknowledged as required for the conveyance of real estate.
History:
[(42-212) 1911, ch. 230, sec. 1, p. 782; reen. C.L., sec. 3255a; C.S., sec. 5572; I.C.A., sec. 41-206.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-213 - DIVERSION OF PRIVATE WATERS — APPLICANTS MUST SHOW RIGHT OF WAY.

42-213. DIVERSION OF PRIVATE WATERS — APPLICANTS MUST SHOW RIGHT OF WAY. All applications to the department of water resources for permits to divert or appropriate the waters of any lake, pond, pool or spring shall state whether such lake, pond, pool or spring is wholly or entirely upon the land of any person or corporation other than the applicant, and, in the event that it is, such application shall state that the applicant has the written permission from such owner, executed and acknowledged as required by the provisions of the preceding section to divert or appropriate such water.
History:
[(42-213) 1911, ch. 230, sec. 2, p. 783; reen. C.L., sec. 3255b; C.S., sec. 5573; I.C.A., sec. 41-207.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-217 - PROOF OF APPLICATION TO BENEFICIAL USE.

42-217. PROOF OF APPLICATION TO BENEFICIAL USE. (1) On or before the date set for the beneficial use of waters appropriated under the provisions of this chapter, or the date set for submission of an incremental statement of completion showing proof of beneficial use, the permit holder shall submit a statement on a form furnished by the department of water resources that the permit holder has used such water for the beneficial purpose allowed by the permit. The statement shall include:
(a) The name and post office address of the permit holder;
(b) The permit number;
(c) A description of the extent of the use;
(d) In the case of a municipal provider, a description of the current service area;
(e) The source of the water used; and
(f) Such other information as shall be required by the department’s form.
(2) Such written statement shall include fees as provided in subsection K. of section 42-221, Idaho Code, or a field examination report prepared by a certified water right examiner. For permits held by a municipal provider for reasonably anticipated future needs, such statements shall be provided in accordance with section 42-204(4), Idaho Code.
(3) Upon receipt of such written statement and the fee as required in section 42-221, Idaho Code, the department shall examine, or cause to be examined:
(a) The place where such water is diverted and used and, if the use is for irrigation, the area and location of the land irrigated and the nature of all the improvements which have been made as a direct result of such use.
(b) The capacities of the ditches or canals or other means by which such water is conducted to such place of use and the quantity of water that has been beneficially applied for irrigation or other purposes.
(4) The department or the person making such examination under the direction of the department shall prepare and file a report of the investigation: provided, that whenever an irrigation project is developed in the name of an association, company, corporation, irrigation district or the United States as provided in section 42-219, Idaho Code, proof of beneficial use shall be made by the permit holder. The lands upon which the water has been used need not be described by legal subdivisions, but may be described as provided in section 42-219, Idaho Code, and it shall only be necessary to show in such cases that the quantity of water beneficially applied for irrigation has been applied within the limits of the project.
History:
[42-217, added 1903, sec. 7, p. 223; reen. R.C., sec. 3260; am. 1913, ch. 36, sec. 1, p. 134; am. 1915, ch. 94, sec. 1, p. 216; reen. C.L., sec. 3260; C.S., sec. 5577; I.C.A., sec. 41-211; am. 1967, ch. 374, sec. 8, p. 1079; am. 1979, ch. 138, sec. 1, p. 434; am. 1986, ch. 242, sec. 1, p. 658; am. 1996, ch. 297, sec. 3, p. 971; am. 1998, ch. 332, sec. 1, p. 1066; am. 2020, ch. 164, sec. 2, p. 480.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-217a - CERTIFIED WATER RIGHT EXAMINER.

42-217a. CERTIFIED WATER RIGHT EXAMINER. The director shall adopt all necessary rules and regulations setting forth the procedures and requirements for qualification of licensed professional engineers or geologists to become certified water right examiners.
An initial application fee of two hundred dollars ($200) shall be paid by those applying for certification with an annual renewal fee of fifty dollars ($50.00). All certificates of appointment shall expire on March 31 of each year and thereafter are void unless renewed. The fees collected shall be transmitted to the state treasurer for deposit in the water administration account.
Employees of the department shall be exempt from the requirements of this section.
History:
[42-217a, added 1987, ch. 97, sec. 1, p. 192.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-218 - PROOF OF APPLICATION TO BENEFICIAL USE — EXTENSION OF TIME.

42-218. PROOF OF APPLICATION TO BENEFICIAL USE — EXTENSION OF TIME. Whenever a less period of time than the maximum prescribed in section 42-204 has been granted by the department of water resources for making proof of beneficial use, upon a satisfactory showing being made by the permit holder, the department can extend the time for making such proof of beneficial use, but in no case shall such extension or extensions, including the original time granted, exceed the maximum prescribed in section 42-204. The department shall grant no extension unless the application therefor be filed with it prior to the date upon which the proof of beneficial use was required to be made under the original terms of the permit.
History:
[(42-218) 1913, ch. 47, sec. 1, p. 154; am. by implication, 1915, ch. 94, sec. 1, p. 216; adding a proviso extending the maximum period of ten years in some cases; compiled and reen. C.L., sec. 3260a; C.S., sec. 5578; I.C.A., sec. 41-212; am. 1967, ch. 374, sec. 9, p. 1079.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-218a - LAPSE OF APPLICATION FOR FAILURE TO REQUEST EXTENSION OR SUBMIT PROOF OF APPLICATION TO BENEFICIAL USE — NOTICE OF LAPSING.

42-218a. LAPSE OF APPLICATION FOR FAILURE TO REQUEST EXTENSION OR SUBMIT PROOF OF APPLICATION TO BENEFICIAL USE — NOTICE OF LAPSING. (1) A permit upon which the proof of beneficial use, or an incremental statement of completion showing proof of beneficial use, has not been submitted, or a request for extension of time has not been received on or before the date set for such proof or incremental statement, shall lapse and be of no further force nor effect. For a permit held by a municipal provider for reasonably anticipated future needs, such lapse shall not apply to any portion of the permit that has been previously licensed or for which an incremental statement of completion showing proof of beneficial use has been submitted. Notice of said lapsing shall be sent by the department to the permit holder at the address of record by regular mail.
(2) Within sixty (60) days after such notice of lapsing, the department may, upon a showing of reasonable cause, reinstate the permit with the priority date advanced a time equal to the number of days that said showing is subsequent to the date set for proof.
(3) In connection with a proof of beneficial use statement submitted more than sixty (60) days after such notice of lapsing, the director shall require all of the following items to be submitted to the department:
(a) A report prepared by a certified water right examiner as the result of an examination to clearly confirm and establish the extent of the beneficial use of water established in connection with the permit during the time authorized by the permit and any extensions of time previously approved. The report shall be on the form or forms specified by the director and shall provide the information specified in section 42-217, Idaho Code, for confirming beneficial use and such other information as may be required by the director.
(b) A statement of reasonable cause for filing a late proof of beneficial use.
(c) A reinstatement fee of two hundred fifty dollars ($250).
Upon finding that beneficial use had occurred during the authorized period and upon a showing of reasonable cause for filing a late proof of beneficial use, the director may reinstate the permit with the priority date advanced to the day that proof of beneficial use was received.
(4) The original priority date of a lapsed permit shall not be reinstated except upon a showing of error or mistake of the department.
History:
[42-218a, added 1967, ch. 374, sec. 10, p. 1079; am. 1983, ch. 157, sec. 1, p. 435; am. 2011, ch. 171, sec. 1, p. 490; am. 2020, ch. 164, sec. 3, p. 481.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-220 - EFFECT OF LICENSE.

42-220. EFFECT OF LICENSE. Water right licenses 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; and all rights to water confirmed under the provisions of this chapter, or by any decree of court, shall become appurtenant to, and shall pass with a conveyance of, the land for which the right of use is granted. The right to continue the beneficial use of such waters shall never be denied nor prevented for any cause other than the failure, on the part of the user or holder of such right, to pay the ordinary charges or assessments which may be made or levied to cover the expenses for the delivery or distribution of such water, or for other reasons set forth in this title: provided, that when water is used for irrigation, no such license or decree of the court allotting such water shall be issued confirming the right to the use of more than one (1) second foot of water for each fifty (50) acres of land so irrigated, unless it can be shown to the satisfaction of the department of water resources in granting such license, and to the court in making such decree, that a greater amount is necessary, and neither such licensee nor anyone claiming a right under such decree, shall at any time be entitled to the use of more water than can be beneficially applied on the lands for the benefit of which such right may have been confirmed, and the right to the use of such water confirmed by such license shall always be held subject to the local or community customs, rules and regulations which may be adopted from time to time by a majority of the users from a common source of supply, canal or lateral from which such water may be taken, when such rules or regulations have for their object the economical use of such water.
History:
[42-220, added 1903, sec. 9, p. 223; 1905, ch. 166, sec. 1, p. 174; reen. R.C. & C.L., sec. 3262; C.S., sec. 5580: I.C.A., sec. 41-214; am. 2020, ch. 164, sec. 5, p. 483.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-222B - IRRIGATION CORPORATION BOUNDARY ADJUSTMENTS.

42-222B. IRRIGATION CORPORATION BOUNDARY ADJUSTMENTS. (1) A change to the generally described place of use of a water right held by any corporation organized for the operation, control, or management of an irrigation project or canal system may be made without applying for a change in use of the corporation’s water right under the provisions of section 42-222, Idaho Code. The corporation must file with the department of water resources a map portraying the changes to the generally described place of use within which the corporation’s water rights will be exercised. For this filing requirement, it is sufficient to provide a drawing on a seven-and-one-half (7.5) minute quadrangle map having a scale of one to twenty-four thousand (1:24,000) that shows the changes to the generally described place of use to include each quarter-quarter section within which irrigation occurs. The corporation may alternatively submit a digital file depicting a map that shows the boundaries of the generally described place of use, delineated at a minimum scale of one to twenty-four thousand (1:24,000), with a defined projection, and in a format that can be opened using standard geographic information system software and includes each quarter-quarter section within which irrigation occurs.
(2) The director shall review the change to the generally described place of use filed with the department to verify that it will not result in an increase in either the rate of flow diverted or in the total number of acres irrigated as authorized by the water right, shall not result in an enlargement of other water rights within the place of use of the corporation’s water rights, and shall cause no injury to other water rights. Upon request from the director, the corporation shall submit information to support the director’s inquiry regarding the review criteria.
(3) Following the director’s review and approval or denial, if the holder of any water right or the corporation seeks to challenge the director’s decision, the challenge may be commenced only by requesting a hearing pursuant to 42-1701A(3), title 42, Idaho Code, thereby initiating a contested case before the department, pursuant to the administrative procedures act, chapter 52, title 67, Idaho Code.
History:
[42-222B, added 2021, ch. 156, sec. 1, p. 432.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-226 - GROUND WATERS ARE PUBLIC WATERS.

42-226. GROUND WATERS ARE PUBLIC WATERS. The traditional policy of the state of Idaho, requiring the water resources of this state to be devoted to beneficial use in reasonable amounts through appropriation, is affirmed with respect to the ground water resources of this state as said term is hereinafter defined and, while the doctrine of "first in time is first in right" is recognized, a reasonable exercise of this right shall not block full economic development of underground water resources. Prior appropriators of underground water shall be protected in the maintenance of reasonable ground water pumping levels as may be established by the director of the department of water resources as herein provided. In determining a reasonable ground water pumping level or levels, the director of the department of water resources shall consider and protect the thermal and/or artesian pressure values for low temperature geothermal resources and for geothermal resources to the extent that he determines such protection is in the public interest. All ground waters in this 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 for beneficial use. This act shall not affect the rights to the use of ground water in this state acquired before its enactment.
Any application for a water permit that seeks to transfer ground water outside the immediate ground water basin as defined by the director of the department of water resources for the purpose of irrigating five thousand (5,000) or more acres on a continuing basis or for a total volume in excess of ten thousand (10,000) acre feet per year, the application must first be approved by the director of the department of water resources and then by the Idaho legislature. Each shall give due consideration to the local economic and ecological impact of the project or development so proposed.
History:
[42-226, added 1951, ch. 200, sec. 1, p. 423; am. 1953, ch. 182, sec. 1, p. 277; am. 1980, ch. 186, sec. 1, p. 413; am. 1987, ch. 347, sec. 1, p. 742.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-227 - DRILLING AND USE OF WELLS FOR DOMESTIC PURPOSES EXCEPTED.

42-227. DRILLING AND USE OF WELLS FOR DOMESTIC PURPOSES EXCEPTED. The excavation and opening of wells and the withdrawal of water therefrom for domestic purposes shall not be subject to the permit requirement under section 42-229, Idaho Code; providing such wells and withdrawal devices are subject to inspection by the department of water resources and the department of environmental quality and providing further that the drilling of such wells shall be subject to the licensing provisions of section 42-238, Idaho Code. Rights to ground water for such domestic purposes may be acquired by withdrawal and use.
History:
[42-227, added 1951, ch. 200, sec. 2, p. 423; am. 1970, ch. 187, sec. 1, p. 541; am. 1978, ch. 324, sec. 1, p. 819 ; am. 2001, ch. 103, sec. 79, p. 318.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-228 - DRILLING AND USE OF WELLS FOR DRAINAGE OR RECOVERY PURPOSES EXCEPTED.

42-228. DRILLING AND USE OF WELLS FOR DRAINAGE OR RECOVERY PURPOSES EXCEPTED. The excavation and opening of wells and the withdrawal of water therefrom for the sole purpose of improving or preserving the utility of land by draining them shall not be forbidden or governed by this act, and, likewise, there shall be excepted from the provisions of this act the excavation and opening of wells and withdrawal of water therefrom by canal companies, irrigation districts, and other owners of irrigation works for the sole purpose of recovering ground water resulting from irrigation under such irrigation works for further use on or drainage of lands to which the established water rights of the parties constructing the wells are appurtenant; providing that the drilling of such wells shall be subject to the licensing provisions of section 42-238, Idaho Code.
History:
[42-228, added 1951, ch. 200, sec. 3, p. 423; am. 1970, ch. 187, sec. 2, p. 541.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-229 - METHODS OF APPROPRIATION.

42-229. METHODS OF APPROPRIATION. The right to the use of ground water of this state may be acquired only by appropriation. Such appropriation may be perfected by means of the application permit and license procedure as provided in this act; provided, however, that in the event an appropriation has been commenced by diversion and application to beneficial use prior to the effective date of this act it may be perfected under such method of appropriation. All proceedings commenced prior to the effective date of this act for the acquisition of rights to the use of ground water under the provisions of sections 42-201—42-225, Idaho Code, may be completed under the provisions of said sections and rights to the use of ground water may be thereby acquired. But the administration of all rights to the use of ground water, whenever or however acquired or to be acquired, shall, unless specifically excepted herefrom, be governed by the provisions of this act.
History:
[42-229, added 1951, ch. 200, sec. 4, p. 423; am. 1963, ch. 216, sec. 1, p. 623.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-230 - DEFINITIONS.

42-230. DEFINITIONS. (a) "Ground water" is all water under the surface of the ground whatever may be the geological structure in which it is standing or moving.
(1) All ground water having a temperature of greater than eighty-five (85) degrees Fahrenheit and less than two hundred twelve (212) degrees Fahrenheit in the bottom of a well shall be classified and administered as a low temperature geothermal resource pursuant to section 42-233, Idaho Code.
(2) All ground water having a temperature of two hundred twelve (212) degrees Fahrenheit or more in the bottom of a well shall be classified as a geothermal resource pursuant to section 42-4002, Idaho Code, and shall be administered as a geothermal resource pursuant to chapter 40, title 42, Idaho Code.
(b) "Well" is an artificial excavation or opening in the ground more than eighteen (18) feet in vertical depth below land surface by which ground water of any temperature is sought or obtained.
(c) "Well driller" is any person or group of persons who excavate or open a well or wells for compensation or otherwise upon the land of the well driller or upon other land. Well driller does not include those persons who construct a well on their own property for their own use without the aid of any power driven mechanical equipment.
(d) "Well drilling" or "drilling" for purposes of this chapter is the act of constructing a new well or deepening or modifying an existing well by any percussion, rotary, boring, digging, jetting, or augering method.
(e) "Water right" is the legal right, however acquired, to the use of water for beneficial purposes.
(f) "Operator" is the employee of the well driller who, through his work at the drilling site, causes the well to be drilled.
(g) "Low temperature geothermal resource well" means a well which is capable of producing a low temperature geothermal resource from which fluids can be produced which have value by virtue of the heat contained therein.
History:
[42-230, added 1951, ch. 200, sec. 5, p. 423; am. 1970, ch. 187, sec. 3, p. 541; am. 1971, ch. 149, sec. 1, p. 739; am. 1980, ch. 209, sec. 1, p. 479; am. 1987, ch. 347, sec. 2, p. 743; am. 1990, ch. 319, sec. 3, p. 872.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-231 - DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES.

42-231. DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES. In addition to other duties prescribed by law, it shall be the duty of the director of the department of water resources to conduct investigations, surveys and studies relative to the extent, nature and location of the ground water resources of this state; and to this end, the director of the department of water resources may, on behalf of the state of Idaho enter into cooperative investigations, researches, and studies with any agency or department of the government of the United States, or any other state or public authority of this state, or private agencies or individuals. It shall likewise be the duty of the director of the department of water resources to control the appropriation and use of the ground water of this state as in this act provided and to do all things reasonably necessary or appropriate to protect the people of the state from depletion of ground water resources contrary to the public policy expressed in this act.
History:
[42-231, added 1951, ch. 200, sec. 6, p. 423; am. 1953, ch. 182, sec. 2, p. 277.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-232 - GROUND WATER RECHARGE PROGRAM — NEGOTIATIONS WITH BUREAU OF RECLAMATION.

42-232. GROUND WATER RECHARGE PROGRAM — NEGOTIATIONS WITH BUREAU OF RECLAMATION. The director of the department of water resources is hereby authorized and directed to institute negotiations with the United States bureau of reclamation and the senators and representatives representing the state of Idaho in the congress of the United States for purposes of examining the possibility of incorporating an artificial ground water recharge program or project into those water projects for withdrawal of waters from ground water basins in the Coltman area of Bonneville County, the Menan Buttes area in Madison county, or any other area contemplated by the bureau of reclamation, which have been authorized by congress as a part of the Salmon Falls Creek irrigation project located in Twin Falls county.
History:
[42-232, added 1978, ch. 366, sec. 3, p. 957.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-233b - GROUND WATER MANAGEMENT AREA.

42-233b. GROUND WATER MANAGEMENT AREA. "Ground water management area" is defined as any ground water basin or designated part thereof which the director of the department of water resources has determined may be approaching the conditions of a critical ground water area. Upon designation of a ground water management area the director shall publish notice in two (2) consecutive weekly issues of a newspaper of general circulation in the area.
When a ground water management area is designated by the director of the department of water resources, or at any time thereafter during the existence of the designation, the director may approve a ground water management plan for the area. The ground water management plan shall provide for managing the effects of ground water withdrawals on the aquifer from which withdrawals are made and on any other hydraulically connected sources of water.
Applications for permits made within a ground water management area shall be approved by the director only after he has determined on an individual basis that sufficient water is available and that other prior water rights will not be injured.
The director may require all water right holders within a designated water management area to report withdrawals of ground water and other necessary information for the purpose of assisting him in determining available ground water supplies and their usage.
The director, upon determination that the ground water supply is insufficient to meet the demands of water rights within all or portions of a water management area, shall order those water right holders on a time priority basis, within the area determined by the director, to cease or reduce withdrawal of water until such time as the director determines there is sufficient ground water. Water right holders participating in an approved ground water management plan shall not be subject to administration on a time priority basis so long as they are in compliance with the ground water management plan.
History:
[42-233b, added 1982, ch. 90, sec. 1, p. 165; am. 2000, ch. 85, sec. 6, p. 187; am. 2016, ch. 297, sec. 1, p. 848.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-235 - DRILLING PERMITS.

42-235. DRILLING PERMITS. Prior to beginning construction of any well, or changing the construction of any well, the driller or well owner shall obtain a permit from the director of the department of water resources to protect the public health, safety and welfare and the environment, and to prevent the waste of water or mixture of water from different aquifers. There shall be a seventy-five dollar ($75.00) charge for the permit if the well is to be used for domestic or monitoring purposes. If the well is to be used for other than domestic or monitoring purposes, the charge for the permit shall be two hundred dollars ($200). All moneys received pursuant to this section shall be credited to the water administration account. The director may provide a blanket drilling permit for site specific monitoring programs which will determine the quality, quantity, temperature, pressure or other attributes of aquifers. The application for a blanket permit shall include a design proposal prepared by a licensed engineer or licensed geologist which shall describe the overall drilling program and all relevant technical features of the wells to the satisfaction of the director. Progress reports, completion and other data may be required as provided by rule. The fee for the blanket permit shall be one hundred dollars ($100) plus an additional fifty dollars ($50.00) per well. A driller or well owner violating any provision of this section shall be guilty of a misdemeanor and shall also be subject to the enforcement procedures of section 42-1701B, Idaho Code.
History:
[42-235, added 1987, ch. 347, sec. 4, p. 745; am. 1990, ch. 164, sec. 1, p. 361; am. 1996, ch. 267, sec. 1, p. 868; am. 1998, ch. 173, sec. 1, p. 596.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-237 - ABANDONMENT OF WATER RIGHT — CHANGE OF POINT OF DIVERSION AND PLACE OF USE.

42-237. ABANDONMENT OF WATER RIGHT — CHANGE OF POINT OF DIVERSION AND PLACE OF USE. The provisions relating to loss of water rights by nonuse and abandonment, as set forth in section 42-222, shall apply to ground water rights. The provisions of section 42-222, relating to change of point of diversion and change of place of use of water, shall be applicable to waters accruing from water rights, provided, that the withdrawal of waters from the same ground water supply at another location in lieu of withdrawal at the original location shall be considered a change of point of diversion.
History:
[42-237, added 1951, ch. 200, sec. 12(14), p. 423; am. 1953, ch. 182, sec. 7, p. 277.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-237e - APPEALS FROM ACTIONS OF THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES.

42-237e. APPEALS FROM ACTIONS OF THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES. Any person dissatisfied with any decision, determination, order or action of the director of the department of water resources made pursuant to this act may, if a hearing on the matter already has been held, seek judicial review pursuant to section 42-1701A(4), Idaho Code. If a hearing has not been held, any person aggrieved by the action of the director or watermaster may contest such action pursuant to section 42-1701A(3), Idaho Code.
History:
[42-237e, 1951, ch. 200, sec. 19, as added by 1953, ch. 182, sec. 8, p. 277; am. 1980, ch. 238, sec. 8, p. 537; am. 2021, ch. 36, sec. 1, p. 89.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-237f - ADJUDICATION OF WATER RIGHT.

42-237f. ADJUDICATION OF WATER RIGHT. The provisions of sections 42-1401—42-1405, Idaho Code, relative to adjudication of water rights shall be applicable to all water rights acquired under this act.
History:
[42-237f, 1951, ch. 200, sec. 20, as added by 1953, ch. 182, sec. 8, p. 277.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-237h - DUTIES OF THE ATTORNEY GENERAL.

42-237h. DUTIES OF THE ATTORNEY GENERAL. It shall be the duty of the attorney general to institute and prosecute civil enforcement actions or injunctive actions as provided in this chapter and to prosecute actions or proceedings for the enforcement of any criminal provisions of this chapter. The attorney general may delegate the authority and duty under this section to prosecute criminal actions to the prosecuting attorney of the county in which such a criminal action may arise.
History:
[42-237h, added 1987, ch. 347, sec. 7, p. 747.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-238a - WATER ADMINISTRATION ACCOUNT.

42-238a. WATER ADMINISTRATION ACCOUNT. There is hereby created in the state treasury a special account known as the water administration account. All fees and other moneys collected by the director of the department of water resources pursuant to sections 42-221, 42-238, 42-1713, 42-3905, 42-4003, and 42-4011, Idaho Code, shall be deposited in the water administration account. All moneys deposited in the water administration account are hereby appropriated to the director for the purpose of the administration of the provisions of title 42, Idaho Code, and no moneys received in the account shall be disbursed by the state treasurer unless the voucher for such disbursement contains the certificate of the director that such voucher is for an expense incurred in the administration of the provisions of title 42, Idaho Code.
History:
[42-238a, 1951, ch. 200, sec. 23, as added by 1953, ch. 182, sec. 10, p. 277; am. 1968 (2nd E.S.), ch. 25, sec. 2, p. 47; am. 1974, ch. 20, sec. 2, p. 533; am. 1987, ch. 158, sec. 3, p. 311; am. 2021, ch. 36, sec. 6, p. 89.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-239 - INTERPRETATION.

42-239. INTERPRETATION. The executive and judicial departments of the state shall construe the provisions of this act, wherever possible in harmony with the provisions of title 42, Idaho Code, as amended; and nothing herein shall be construed contrary to or in conflict with the provisions of article 15 of the Constitution; and except where otherwise provided in this act, the provisions of said title 42, Idaho Code, as amended, shall continue to govern ground water rights in this state.
History:
[42-239, added 1951, ch. 200, sec. 15(25), p. 423; am. 1953, ch. 182, sec. 11, p. 277.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-241 - PURPOSE.

42-241. PURPOSE. The future growth and development of the state is dependent upon effective management and efficient use of the state’s water resources. The purpose of this act is to provide adequate records of water right claims for efficient administration and to aid in the proper planning for the future use of the state’s water resources.
History:
[42-241, added 1978, ch. 345, sec. 4, p. 887.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-242 - DEFINITIONS.

42-242. DEFINITIONS. Whenever used in this act, the terms:
(1) "Person" shall mean an individual, partnership, association, public or private corporation, city or other municipality, county, state agency, or the state of Idaho, and the United States of America when claiming water rights established under the laws of the state of Idaho.
(2) "Notice in writing" means a notice substantially in the following form:
WATER RIGHTS NOTICE
Every person, including but not limited to an individual, partnership, association, public or private corporation, city or other municipality, county, state agency or the state of Idaho, and the United States of America, when claiming water rights established under the laws of the state of Idaho, is hereby notified that all water rights or claimed water rights relating to the withdrawal or diversion of public surface or ground waters of the state for uses other than domestic purposes, except those water rights based upon authority of permit or license issued by the department of water resources or one of its predecessors or water rights which have previously been adjudicated by a court having jurisdiction of such matters, must be registered with the department of water resources, Boise, Idaho, not later than June 30, 1983. FAILURE TO REGISTER AS REQUIRED BY LAW WILL BE GROUNDS FOR INSTITUTING AN ACTION FOR FORFEITURE OF THE CLAIMED WATER RIGHT. For further information contact the Department of Water Resources, Boise, Idaho, for a copy of the act and an explanation thereof.
History:
[42-242, added 1978, ch. 345, sec. 5, p. 887; am. 1990, ch. 319, sec. 4, p. 873.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-243 - FILING OF CLAIMS OF RIGHTS ESTABLISHED BY DIVERSION AND USE — FORM AND CONTENT OF CLAIM.

42-243. FILING OF CLAIMS OF RIGHTS ESTABLISHED BY DIVERSION AND USE — FORM AND CONTENT OF CLAIM. In order to allow for the recording of historic uses of the waters of this state, any person using or claiming rights to the use of water for uses other than domestic purposes, which have heretofore been established by diversion and application to a beneficial use shall file a claim of such right with the department of water resources not later than June 30, 1983, or if mailed, shall be postmarked not later than June 30, 1983. Such claim shall be in affidavit form on forms furnished by the department of water resources and shall set forth:
a. The name and post-office address of the claimant.
b. The quantity of water claimed to have been used.
c. The source of the water supply.
d. The location of the point or points of diversion.
e. The nature of the use and the period during each year when the water is used for such purposes.
f. The priority of the right claimed which shall be determined by the date when the water was first applied to a beneficial use provided there has been no period of abandonment or nonuse or forfeiture of the water right since that date.
g. If water is claimed for irrigation, the legal description of the lands irrigated.
h. Such other information as shall be required by the blank form furnished by the department.
Such claim may be accompanied by maps showing the place of use, affidavits of witnesses familiar with the uses claimed, measurements of the water diverted and used, and such other information as the claimant may wish to submit.
If the claim is filed with the department of water resources later than June 30, 1983, or if it is mailed to the department of water resources and the postmark is later than June 30, 1983, the claim shall be classified as follows:
a. If the only use identified on the claim is domestic purposes, then the claim will be considered to be filed in a timely manner.
b. If the use(s) identified on the claim includes other than domestic purposes, then the claim shall be considered to be a late claim, with a unique filing fee as set forth in section 42-221, Idaho Code.
This section shall not apply to any water rights which are based on the authority of a permit or license issued by the department of water resources or one of its predecessors or water rights which have previously been adjudicated by a court having jurisdiction of such matters.
History:
[(42-243) I.C., sec. 42-225a, as added by 1967, ch. 338, sec. 2, p. 974; am. and redesig. 1978, ch. 345, sec. 6, p. 888; am. 1983, ch. 61, sec. 1, p. 141; am. 1985, ch. 226, sec. 2, p. 542; am. 1990, ch. 319, sec. 5, p. 874; am. 1998, ch. 79, sec. 2, p. 284.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-244 - RECORDING OF CLAIMS BY DEPARTMENT — CORRECTIONS.

42-244. RECORDING OF CLAIMS BY DEPARTMENT — CORRECTIONS. Upon receipt of any claim submitted under this chapter, together with the statutory filing fee as set forth in section 42-221, Idaho Code, it shall be the duty of the department of water resources to file and to maintain a record of such claim, which shall be available for public inspection during all normal office hours. The department shall also cause a notice to be published once a week for two (2) consecutive weeks in a newspaper published and of general circulation in the county where the water is claimed to be diverted, if there is such a newspaper, otherwise in a newspaper of general circulation in the county, which said notice shall set forth such information as shall apprise the public of the nature of the claim which has been filed. At any time after the filing of a claim under the previous section, any person who disagrees that a right has been established as set forth in said claim may file an exception thereto in duplicate, in affidavit form, accompanied by such proof as said person deems appropriate. An exception filed shall be made a part of the file of the claim in the department of water resources and shall be considered the same as other evidence in said file. A copy of an exception filed shall be forwarded to the claimant by the department of water resources. Such claims may be corrected by the claimant only by filing of an amended claim in the same form as the original, which shall be recorded and numbered by the department the same as the original, and for which no additional filing fees shall be required.
History:
[(42-244) I.C., sec. 42-225b, as added by 1967, ch. 338, sec. 3, p. 974; am. and redesig. 1978, ch. 345, sec. 7, p. 889.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-245 - FAILURE TO FILE CLAIM WAIVES AND RELINQUISHES RIGHT.

42-245. FAILURE TO FILE CLAIM WAIVES AND RELINQUISHES RIGHT. Any person claiming the right to divert or withdraw and use waters of the state who fails to file a claim as provided in section 42-243, Idaho Code, shall be conclusively deemed to have waived and relinquished any right, title or interest in said right.
The provisions of this section shall not apply if a claim to the right is filed in a general water rights adjudication proceeding commenced under the provisions of chapter 14, title 42, Idaho Code.
History:
[42-245, added 1978, ch. 345, sec. 8, p. 889; am. 1988, ch. 152, sec. 1, p. 272; am. 1994, ch. 63, sec. 1, p. 121; am. 2020, ch. 146, sec. 1, p. 447.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-246 - FILING OF CLAIM NOT DEEMED ADJUDICATION OF RIGHT — EVIDENCE.

42-246. FILING OF CLAIM NOT DEEMED ADJUDICATION OF RIGHT — EVIDENCE. The filing of a claim does not constitute an adjudication of any claim to the right to use of waters as between the water use claimant and the state, or as between one (1) or more water use claimants and another or others. A statement of claim filed pursuant to section 42-243, Idaho Code, shall be admissible in a general adjudication of water rights as evidence of the times of use and the quantity of water the claimant was withdrawing or diverting as of the year of the filing, if, but only if, the quantities of water in use and the time of use when a controversy is mooted are substantially in accord with the times of use and quantity of water claimed in the claim. A claim shall not otherwise be evidence of the priority of the claimed water right.
History:
[42-246, added 1978, ch. 345, sec. 9, p. 890.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY › Section 42-250 - WATER CONSERVATION.

42-250. WATER CONSERVATION. (1) The legislature finds that voluntary water conservation practices and projects can advance the policy of the state of Idaho to promote and encourage the conservation, development, augmentation and utilization of the water resources of this state. The legislature deems it appropriate, therefore, to encourage and support voluntary water conservation practices and projects.
(2) For purposes of this section, "water conservation practice" means any practice, improvement, project or management program, that results in the diversion of less than the authorized quantity of water while maintaining the full beneficial use(s) authorized by the water right. Water conservation practices include, but are not limited to, practices that result in reductions in consumptive use as defined in section 42-202B, Idaho Code, reductions in conveyance losses, and reductions in surface and seepage losses occurring at the place of use.
(3) For the purposes of this section, "conserved water" means the quantity of water that is no longer diverted as a result of a water conservation practice. Conserved water shall not include quantities of water not diverted due to decreases in beneficial use.
History:
[42-250, added 2003, ch. 166, sec. 2, p. 471.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 3 - APPROPRIATION OF WATER — CANCELATION OF PERMITS › Section 42-301 - PERMITS CONTESTABLE — WHEN AND BY WHOM.

42-301. PERMITS CONTESTABLE — WHEN AND BY WHOM. If the holder of a permit to appropriate the public waters shall fail to comply with the requirements of his permit as to the commencing of work or the filing of bond thereunder, or the completion of one-fifth (1/5) of the construction work within one-half (1/2) the time allowed for the entire completion of such construction work, or shall fail to complete the entire construction work within the time specified in his permit, said permit may be cancelled and voided by the department of water resources as hereinafter provided at the instance of any person or persons holding any permit for the diversion of water from the same stream, such permit postdating the permit which is sought to be cancelled.
History:
[(42-301) 1909, p. 299, sec. 1; reen. C.L., sec. 3265a; C.S., sec. 5584; I.C.A., sec. 41-301.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 3 - APPROPRIATION OF WATER — CANCELATION OF PERMITS › Section 42-302 - PETITION FOR CANCELLATION.

42-302. PETITION FOR CANCELLATION. Any person as above specified desiring the cancellation of a permit shall file with the department of water resources a petition clearly setting forth the facts upon which he bases his prayer for cancellation, plainly stating wherein the holder of the permit, which is sought to be cancelled, has failed to comply with the law and with the requirements of his permit.
History:
[(42-302) 1909, p. 299, part of sec. 2; reen. C.L., sec. 3265b; C.S., sec. 5585; I.C.A., sec. 41-302.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 3 - APPROPRIATION OF WATER — CANCELATION OF PERMITS › Section 42-303 - NOTICE OF CONTEST.

42-303. NOTICE OF CONTEST. Upon receipt of such petition, the department of water resources shall issue a notice, naming the petitioner as contestant and all persons, shown by the records of the department of water resources to have any claim of title or interest in the permit sought to be cancelled as contestees, and requiring all contestees to appear at the office of the department on a day to be specified therein, which day shall be not less than sixty (60) nor more than ninety (90) days from the date of the notice, and show cause, by affidavit, if any there be, why said permit should not be cancelled. Such notice shall be sent by registered mail, addressed to every person named therein at his last known post-office address.
History:
[(42-303) 1909, p. 299, part of sec. 2; reen. C.L., sec. 3265c; C.S., sec. 5586; I.C.A., sec. 41-303.]