Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.11 - RULES FOR CONJUNCTIVE MANAGEMENT OF SURFACE AND GROUND WATER RESOURCES › Section 37.03.11.010 - DEFINITIONS

Current through August 31, 2023
For the purposes of these rules, the following terms will be
				used as defined below. (3-31-22)
01.
Area Having a Common Ground Water Supply
. A ground water source
			 within which the diversion and use of ground water or changes in ground water
			 recharge affect the flow of water in a surface water source or within which the
			 diversion and use of water by a holder of a ground water right affects the
			 ground water supply available to the holders of other ground water rights.
			 (Section 42-237a.g., Idaho Code)
			 (3-31-22)
02.
Artificial
			 Ground Water Recharge
. A deliberate and purposeful activity or project
			 that is performed in accordance with Section
			 42-234(2), Idaho
			 Code, and that diverts, distributes, injects, stores or spreads water to areas
			 from which such water will enter into and recharge a ground water source in an
			 area having a common ground water supply. (3-31-22)
03.
Conjunctive Management
.
			 Legal and hydrologic integration of administration of the diversion and use of
			 water under water rights from surface and ground water sources, including areas
			 having a common ground water supply. (3-31-22)
04.
Delivery Call
. A request
			 from the holder of a water right for administration of water rights under the
			 prior appropriation doctrine. (3-31-22)
05.
Department
. The Department
			 of Water Resources created by Section
			 42-1701, Idaho Code.
			 (3-31-22)
06.
Director
. The Director of the Department of Water Resources
			 appointed as provided by Section
			 42-1801, Idaho Code, or an
			 employee, hearing officer or other appointee of the Department who has been
			 delegated to act for the Director as provided by Section
			 42-1701, Idaho Code.
			 (3-31-22)
07.
Full Economic
			 Development of Underground Water Resources
. The diversion and use of
			 water from a ground water source for beneficial uses in the public interest at
			 a rate that does not exceed the reasonably anticipated average rate of future
			 natural recharge, in a manner that does not result in material injury to
			 senior-priority surface or ground water rights, and that furthers the principle
			 of reasonable use of surface and ground water as set forth in Rule
			 42. (3-31-22)
08.
Futile Call
. A delivery call
			 made by the holder of a senior-priority surface or ground water right that, for
			 physical and hydrologic reasons, cannot be satisfied within a reasonable time
			 of the call by immediately curtailing diversions under junior-priority ground
			 water rights or that would result in waste of the water resource.
			 (3-31-22)
09.
Ground Water
			 Management Area
. Any ground water basin or designated part thereof as
			 designated by the Director pursuant to Section
			 42-233(b), Idaho
			 Code. (3-31-22)
10.
Ground
			 Water
. Water under the surface of the ground whatever may be the
			 geological structure in which it is standing or moving as provided in Section
			 42-230(a), Idaho
			 Code. (3-31-22)
11.
Holder of
			 a Water Right
. The legal or beneficial owner or user pursuant to lease
			 or contract of a right to divert or to protect in place surface or ground water
			 of the state for a beneficial use or purpose. (3-31-22)
12.
Idaho Law
. The constitution,
			 statutes, administrative rules and case law of Idaho. (3-31-22)
13.
Junior-Priority
. A water
			 right priority date later in time than the priority date of other water rights
			 being considered. (3-31-22)
14.
Material Injury
. Hindrance to or impact upon the exercise of a
			 water right caused by the use of water by another person as determined in
			 accordance with Idaho Law, as set forth in Rule
			 42. (3-31-22)
15.
Mitigation Plan
. A document
			 submitted by the holder(s) of a junior-priority ground water right and approved
			 by the Director as provided in Rule
			 043 that identifies actions and
			 measures to prevent, or compensate holders of senior-priority water rights for,
			 material injury caused by the diversion and use of water by the holders of
			 junior-priority ground water rights within an area having a common ground water
			 supply. (3-31-22)
16.
Person
. Any individual, partnership, corporation, association,
			 governmental subdivision or agency, or public or private organization or entity
			 of any character. (3-31-22)
17.
Petitioner
. Person who asks the Department to initiate a contested
			 case or to otherwise take action that will result in the issuance of an order
			 or rule. (3-31-22)
18.
Reasonable Ground Water Pumping Level
. A level established by the
			 Director pursuant to Sections
			 42-226, and
			 42-237a.g., Idaho Code, either
			 generally for an area or aquifer or for individual water rights on a
			 case-by-case basis, for the purpose of protecting the holders of
			 senior-priority ground water rights against unreasonable lowering of ground
			 water levels caused by diversion and use of surface or ground water by the
			 holders of junior-priority surface or ground water rights under Idaho law.
			 (3-31-22)
19.
Reasonably
			 Anticipated Average Rate of Future Natural Recharge
. The estimated
			 average annual volume of water recharged to an area having a common ground
			 water supply from precipitation, underflow from tributary sources, and stream
			 losses and also water incidentally recharged to an area having a common ground
			 water supply as a result of the diversion and use of water for irrigation and
			 other purposes. The estimate will be based on available data regarding
			 conditions of diversion and use of water existing at the time the estimate is
			 made and may vary as these conditions and available information change.
			 (3-31-22)
20.
Respondent
. Persons against whom complaints or petitions are filed
			 or about whom investigations are initiated. (3-31-22)
21.
Senior-Priority
. A water
			 right priority date earlier in time than the priority dates of other water
			 rights being considered. (3-31-22)
22.
Surface Water
. Rivers,
			 streams, lakes and springs when flowing in their natural channels as provided
			 in Sections
			 42-101 and
			 42-103, Idaho Code.
			 (3-31-22)
23.
Water
			 District
. An instrumentality of the state of Idaho created by the
			 Director as provided in Section
			 42-604, Idaho Code, for the
			 purpose of performing the essential governmental function of distribution of
			 water among appropriators under Idaho law. (3-31-22)
24.
Watermaster
. A person
			 elected and appointed as provided in Section
			 42-605, and Section
			 42-801, Idaho Code, to distribute
			 water within a water district. (3-31-22)
25.
Water Right
. The legal
			 right to divert and use or to protect in place the public waters of the state
			 of Idaho where such right is evidenced by a decree, a permit or license issued
			 by the Department, a beneficial or constitutional use right or a right based on
			 federal law. (3-31-22)