reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Section 37.03.07.060 - REMOVAL OF SAND AND GRAVEL DEPOSITS

Current through August 31, 2023
01.
Removal
			 of Sand and Gravel
. This work consists of removal of sand and gravel
			 deposits from within a stream channel. The following conditions shall be
			 adhered to unless other methods have been specified in detail on the
			 application and approved by the Director. (3-18-22)
02.
Removal Below Water Surface
.
			 Sand and gravel must not be removed below the water surface existing at the
			 time of the work. Where work involves clearing a new channel for flow, removal
			 of material below water level will be permitted to allow this flow to occur;
			 however, this must not be done until all other work in the new channel has been
			 completed. (3-18-22)
03.
Buffer Zone
. A buffer zone of undisturbed streambed material at
			 least five (5) feet in width or as otherwise specified by the Director shall be
			 maintained between the work area and the existing stream. The applicant shall
			 exercise reasonable precautions to ensure that turbidity is kept to a minimum
			 and does not exceed state water quality standards. (3-18-22)
04.
Movement of Equipment
.
			 Equipment may cross the existing stream in one (1) location only, but shall not
			 push or pull material along the streambed while crossing the existing stream.
			 (3-18-22)
05.
Disturbing
			 Natural Appearance of Area
. Work must be done in a manner that will
			 least disturb the natural appearance of the area. Sand and gravel shall be
			 removed in a manner that will not leave unsightly pits or other completely
			 unnatural features at the conclusion of the project. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Section 37.03.07.061 - SMALL SCALE MINING WITH SUCTION DREDGES, POWERED SLUICES, OR NON-POWERED EQUIPMENT

Current through August 31, 2023
01.
Small
			 Scale Mining Permit
. The Director may issue a permit for the operation
			 of a powered suction dredge or power sluice, or certain qualified non-powered
			 mining activities that follow minimum standards (Rule
			 61), within stream channels
			 designated as open by the Department or Board. A powered suction dredge or
			 power sluice shall only be operated in accordance with the conditions of the
			 Small Scale Mining Permit. A power sluice and a high-banker are synonymous for
			 the purposes of these rules. (3-18-22)
02.
Standards for Small Scale Mining
			 Permits
. The following standards shall apply only to uses of suction
			 dredges and power sluices below the mean high water mark with nozzle diameters
			 of five (5) inches or less and powered equipment rated at fifteen (15) HP or
			 less, or the use of non-powered sluice equipment moving more than one-quarter
			 (1/4) cubic yard per hour. (3-18-22)
03.
Powered Equipment Prohibited Below
			 High Water Mark
. There shall be no use of powered equipment below the
			 mean high water mark except for the suction dredge, or power sluice and any
			 human life support system necessary to operate the suction dredge or power
			 sluice. (3-18-22)
04.
Protection of Streambanks
. The operation of a suction dredge or power
			 sluice, or the use of non-powered equipment shall be carried out in a manner
			 that prevents the undercutting of streambanks. (3-18-22)
05.
Permit Required for Certain
			 Non-Powered Operations
. A Small Scale Mining Permit is required for
			 non-powered mining activities when those activities include:
(1) the use of non-powered equipment by more
			 than five (5) people mining the same area; or
(2) the use of non-powered equipment where
			 the disturbed area at the mining location exceeds thirty three (33) percent of
			 the width of the wetted stream channel. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Section 37.03.07.062 - PILING

Current through August 31, 2023
01.
Standards for Pilings
. The
			 following standards apply to a piling associated with a boat or swimming dock,
			 a log boom, a breakwater, or bridge construction. (3-18-22)
02.
Replacement of Pilings
. In
			 replacing a piling the old piling shall be completely removed from the channel,
			 secured to the new piling or cut at stream bed level. (3-18-22)
03.
Condition of Pilings
.
			 Chemicals or compounds used for protection of piles and lumber shall be
			 thoroughly dried to prevent bleeding, weeping or dissolution before placing
			 such piles and lumber over, in or near water. (3-18-22)
04.
Prohibited Materials
. The
			 application of creosote, arsenicals or phentachlorophenol (Penta) to timber
			 shall not occur in, or over water. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Section 37.03.07.063 - PIPE CROSSINGS

Current through August 31, 2023
01.
Standards for Pipe Crossings
. The following standards apply to pipe
			 crossings to be installed below the bed of a stream or river such as utility
			 crossings of a gas line, sewer line, electrical line, communication line, water
			 line or similar line. (3-18-22)
02.
Depth of Line
. The line shall be installed below the streambed to
			 a depth which will prevent erosion and exposure of the line to free flowing
			 water. In areas of high stream velocity where scouring may occur, the pipe
			 shall be encased in concrete or covered with rock riprap to prevent the
			 pipeline from becoming exposed. (3-18-22)
03.
Pipe Joints
. The joints
			 shall be welded, glued, cemented or fastened together in a manner to provide a
			 water tight connection. (3-18-22)
04.
Construction Methods
.
			 Construction methods shall provide for eliminating or minimizing discharges of
			 turbidity, sediment, organic matter or toxic chemicals. A settling basin or
			 cofferdam may be required for this purpose. (3-18-22)
05.
Cofferdam
. If a cofferdam is
			 used, it shall be completely removed from the stream channel upon completion of
			 the project. (3-18-22)
06.
Revegetation of Disturbed Areas
. Areas disturbed as a result of
			 the alteration shall be revegetated with plants and grasses native to these
			 areas. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Section 37.03.07.064 - CONCRETE PLANK BOAT LAUNCH RAMPS

Current through August 31, 2023
01.
Construction of Concrete Plank Boat Launch Ramps
. Concrete plank
			 boat launch ramps, shall be constructed with individual sections of precast,
			 reinforced concrete planks linked together to provide a stable non-erosive
			 water access (see Figure 20, APPENDIX K, located at the end of this chapter).
			 (3-18-22)
02.
Construction of
			 Concrete Planks
. Typical concrete plank size is twelve feet by fourteen
			 inches by four inches (12' x 14" x 4"). All planks shall be constructed with
			 Type II low alkali cement. All planks shall have a broom form finish, free of
			 rock pockets and loose materials. Figures 21 and 22 shows a typical launch
			 plank detail. (See APPENDIXES L and M). (3-18-22)
03.
Assembly of Planks
. The
			 planks shall be assembled out of the water and slid into place on a constructed
			 launch ramp where water velocities do not exceed two (2) feet per second. In
			 waters exceeding (2) feet per second the ramp sections shall be linked together
			 and fastened to pre-positioned stringers anchored into the launch ramp. (See
			 Figure 23, APPENDIX N, located at the end of this chapter). (3-18-22)
04.
Water Depth
. The water depth
			 above the lower end of the ramp section shall not be less than three (3) feet
			 during low level or low flow periods. (See Figure 20, APPENDIX K, located at
			 the end of this chapter). (3-18-22)
05.
Construction of Boat Ramp
.
			 The boat launch ramp shall have a base constructed of sound, dense, durable,
			 angular rock resistant to weathering and free from soil, shale and organic
			 materials. Rounded cobbles, boulders and streambed material are not acceptable
			 as base material in areas with stream flow velocities greater than two (2) fps.
			 Base materials shall be covered with a layer of (three-fourths inches (3/4")
			 min.) crushed rock with a minimum depth of two inches (2"). The ramp shall have
			 a minimum and maximum slope of ten percent (10%) and fifteen percent (15%)
			 respectively, and shall be constructed in a manner to avoid long incursions
			 into the stream channel. All ramps and fill material shall be protected with
			 rock riprap in accordance with Rule
			 057 when stream flow velocities
			 exceed two (2) fps. (See Figure 24, APPENDIX O, located at the end of this
			 chapter). (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Section 37.03.07.070 - HEARINGS ON DENIED, LIMITED, OR CONDITIONED PERMIT OR OTHER DECISIONS OF THE DIRECTOR

Current through August 31, 2023
Any applicant who is granted a limited or conditioned permit,
				or who is denied a permit, may seek a hearing on said action of the Director by
				serving on the Director written notice and request for a hearing before the
				Board within fifteen (15) days of receipt of the Director's decision. Said
				hearing will be set, conducted, and notice given as set forth in the Rules
				promulgated by the Board under the provisions of Title 67, Chapter 52, Idaho
				Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Appendix A - Table 1A

Current through August 31, 2023
Riprap Gradation Using FWS Method
% Finer by Weight
							 (Lbs.)
Minimum Size
							 (Lbs.)
Maximum Size
							 (Lbs.)
D100
1.33 X D75
2.0 X D75
D75
1.0 X D75
1.67 X D75
D50
0.67 X D75
1.17 X D75
D25
0.33 X D75
0.77 X D75
D0
None
0.33 X D75
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.08 - WATER APPROPRIATION RULES › Section 37.03.08.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Director of the Department of Water Resources adopts these
				rules under the authority provided by Section
				42-1805(8), Idaho
				Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.08 - WATER APPROPRIATION RULES › Section 37.03.08.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 37.03.08, "Water Appropriation
			 Rules." (3-18-22)
02.
Scope
. (3-18-22)
a. Background and
			 Purpose. The 1985 Idaho Legislature authorized reallocation of certain
			 hydropower water rights to new upstream beneficial uses. The reallocation is to
			 be accomplished using statutes designed to provide for the appropriation of
			 unappropriated public water supplemented by a public interest review of those
			 reallocations which significantly reduce existing hydropower generation. These
			 rules provide the procedures for obtaining the right to divert and use
			 unappropriated public water as well as water previously appropriated for
			 hydropower use which has been placed in trust with the State of Idaho and is
			 subject to reallocation. Guidelines are provided for the filing and processing
			 of applications, and criteria are established for determining the actions to be
			 taken by the Director. (3-18-22)
b.
			 Scope and Applicability. These rules are applicable to appropriations from all
			 sources of unappropriated public water in the state of Idaho under the
			 authority of Chapter 2, Title 42, Idaho Code. Sources of public water include
			 rivers, streams, springs, lakes and groundwater. The rules are also applicable
			 to the reallocation of hydropower water rights held in trust by the state of
			 Idaho. The rules are applicable to all applications to appropriate water filed
			 with the Department of Water Resources prior to the effective date of these
			 rules upon which an action to approve or deny the application is pending and to
			 all applications filed subsequent to adoption of the rules and regulations. In
			 addition, the rules are applicable to existing permits to appropriate water
			 required to be reviewed under the provisions of Section
			 42-203D, Idaho Code.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.08 - WATER APPROPRIATION RULES › Section 37.03.08.025 - GENERAL DESCRIPTION OF THE PROCEDURE TO BE USED FOR ALLOCATION

Current through August 31, 2023
01.
Applications to Appropriate
			 Unappropriated Water and Water Held in Trust
. Applications to
			 appropriate unappropriated water and water held in trust as provided by Section
			 42-203B(3), Idaho
			 Code, will be evaluated using the criteria of Section
			 42-203A, Idaho Code, which
			 requires an assessment to be made of the impact of the proposed use on water
			 availability for existing water rights, the adequacy of the water supply for
			 the proposed use, whether the application is filed for speculative purposes,
			 the financial ability of the applicant to complete the project, and the effect
			 of the proposed use on the local public interest. (3-18-22)
02.
Applications to Appropriate Water
			 from Sources Held by State in Trust
. Applications to appropriate water
			 from sources on which the state holds water in trust, pursuant to Section
			 203B(5), Idaho
			 Code, will be processed in a three-step analysis. Evaluation will consider the
			 purposes of "trust water" established in Section
			 42-203B, Idaho Code. (3-18-22)
a. First, the proposed use must be evaluated
			 using the procedures and criteria of Section
			 42-203A, Idaho Code. If all
			 criteria of Section
			 42-203A(5), Idaho
			 Code, are satisfied, the application may be approved for unappropriated water.
			 If the application does not satisfy the criteria of Section
			 42-203A(5)  b, c,
			 d, and e, Idaho Code, or is found to reduce the water to existing water rights
			 other than those held in trust by the state, the application will be denied. If
			 the application satisfies all criteria of Section
			 42-203A(5), Idaho
			 Code, except Section
			 42-203A(5) a,
			 Idaho Code, but is found to reduce water held in trust by the state, the
			 application will be reviewed under criteria of Section
			 42-203C, Idaho Code.
			 (3-18-22)
b. Second, Section
			 42-203C, Idaho Code, requires a
			 determination of whether the proposed use will significantly reduce,
			 individually or cumulatively with existing uses and other uses reasonably
			 likely to exist within twelve months of the proposed use, 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 (hereinafter
			 termed "significant reduction"). If a significant reduction will not occur, the
			 application may be approved without an evaluation of the public interest
			 criteria of Section
			 42-203C(2), Idaho
			 Code. (3-18-22)
c. Third, based
			 upon a finding of significant reduction, the proposed use will be evaluated in
			 terms of the public interest criteria of Section
			 42-203C(2), Idaho
			 Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.08 - WATER APPROPRIATION RULES › Section 37.03.08.030 - LOCATION AND NATURE OF TRUST WATER

Current through August 31, 2023
01.
Snake
			 River Water Rights Agreement
. The legislation ratifying the Snake River
			 water rights agreement between the state of Idaho and Idaho Power Company
			 places in trust a part of the flows available to Idaho Power Company under its
			 hydropower water rights in the Snake River Basin between Swan Falls Dam and
			 Milner Dam. The flows subject to the trust water provisions and reallocation
			 under Section
			 42-203C(2), Idaho
			 Code, are as follows: (3-18-22)
a. Trust
			 water flows under the Snake River water rights agreement are located in the
			 Snake River between Swan Falls Dam located in Section
			 18, Township 2 South, Range 1 East,
			 Boise Meridian (B.M.) and Milner Dam located in Sections
			 28 and
			 29, Township 10 South, Range 21
			 East, Boise Meridian (B.M.) and all surface and groundwater sources tributary
			 to the Snake River in that reach. (3-18-22)
b. Surface water and groundwater tributary to
			 the Snake River upstream from Milner Dam is not trust water. After giving
			 notice and considering public comment, the Director will designate the area in
			 which groundwater is presumed to be tributary to the Snake River upstream from
			 Milner Dam. Modification or changes in the designated boundary may be made only
			 after providing notice and considering public comment. The area presently
			 designated as tributary to the Snake River in the Milner Dam to Swan Falls Dam
			 reach is appended to these rules (See Attachment A in APPENDIX A located at the
			 end of this chapter), for information purposes only. (3-18-22)
c. Trust water flows under the Snake River
			 water rights agreement are those occurring in the Snake River and tributaries
			 in the geographic area designated in Subsection
			 030.01.a. that exceed the
			 established minimum stream flows but are less than the water rights for
			 hydropower generating facilities in the Swan Falls Dam to Milner Dam reach of
			 Snake River, to the extent such rights were unsubordinated prior to the Snake
			 River water rights agreement. Minimum average daily flows have been established
			 by action of the Board and legislature at the U.S. Geological Survey gauging
			 station located near Murphy (Section
			 35, Township 1 South, Range 1 West
			 B.M.) in the amount of three thousand nine hundred (3900) cfs from April 1 to
			 October 31 and five thousand six hundred (5600) cfs from November 1 to March
			 31, and at Milner gauging station located in Section
			 29, Township 10 South, Range 21
			 East, B.M. in the amount of zero (0) cfs from January 1 to December 31.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.08 - WATER APPROPRIATION RULES › Section 37.03.08.035 - APPLICATION REQUIREMENTS

Current through August 31, 2023
01.
General
			 Provisions
. (3-18-22)
a. No person
			 shall commence the construction of any project works or commence the diversion
			 of the public water or trust water of the state of Idaho from any source
			 without first having filed an application for permit to appropriate the water
			 or other appropriate form with the department and received approval from the
			 Director, unless exempted by these rules or by statute. (3-18-22)
b. Any person proposing to commence a
			 diversion of the public water or the trust water of the state of Idaho from a
			 groundwater source for single family domestic purposes is exempt from the
			 application and permit requirements of Subsection
			 035.01.a. (3-18-22)
c. Any person watering livestock directly
			 from a natural stream or natural lake without the use of a constructed
			 diversion works is exempt from Subsection
			 035.01.a. (3-18-22)
d. All applications for permit to appropriate
			 public water or trust water of the state of Idaho shall be on the form provided
			 by the department entitled "Application for Permit to Appropriate the Public
			 Waters of the State of Idaho" and include all necessary information as
			 described in Subsection
			 035.03. An application for
			 permit that is not complete as described in Subsection
			 035.03 will not be accepted for
			 filing and will be returned along with any fees submitted to the person
			 submitting the application. No priority will be established by an incomplete
			 application. Applications meeting the requirements of Subsection
			 035.03. will be accepted for
			 filing and will be endorsed by the department as to the time and date received.
			 The acceptability of applications requiring clarification or corrections shall
			 be determined by the Director. (3-18-22)
e. The department will correspond with the
			 applicant concerning applications which have been accepted for filing by the
			 department which require clarification or correction of the information
			 required by Subsection
			 035.03. If the additional or
			 corrected information is supplied after thirty (30) days, the priority date of
			 the application will be determined by the date the additional or corrected
			 information is received by the department unless the applicant has requested
			 within the thirty (30) day period additional time to provide the information,
			 has shown good reasons for needing additional time, and the Director has
			 granted additional time. (3-18-22)
f. Failure to submit the additional or
			 corrected information is cause for the Director to void the department's
			 records of the application. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.08 - WATER APPROPRIATION RULES › Section 37.03.08.040 - PROCESSING APPLICATIONS FOR PERMIT AND REPROCESSING PERMITS

Current through August 31, 2023
01.
General
. (3-18-22)
a. Unprotested applications, whether for
			 unappropriated water or trust water, will be processed using the following
			 general steps: (3-18-22)
i. Advertisement and
			 protest period; (3-18-22)
ii.
			 Department review of applications and additional information, including
			 department field review if determined to be necessary by the Director;
			 (3-18-22)
iii. Fact finding hearing
			 if determined to be necessary by the Director; (3-18-22)
iv. Director's decision; (3-18-22)
v. Section
			 42-1701A, Idaho Code, hearing, if
			 requested; and (3-18-22)
vi.
			 Director's decision affirmed or modified. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.08 - WATER APPROPRIATION RULES › Section 37.03.08.045 - EVALUATION CRITERIA

Current through August 31, 2023
01.
Criteria
			 for Evaluating All Applications to Appropriate Water
. The Director will
			 use the following criteria in evaluating whether an application to appropriate
			 unappropriated water or trust water should be approved, denied, approved for a
			 smaller amount of water or approved with conditions. (3-18-22)
a. Criteria for determining whether the
			 proposed use will reduce the quantity of water under existing water rights. A
			 proposed use will be determined to reduce the quantity of water under an
			 existing water right (i.e., injure another water right) if: (3-18-22)
i. The amount of water available under an
			 existing water right will be reduced below the amount recorded by permit,
			 license, decree or valid claim or the historical amount beneficially used by
			 the water right holder under such recorded rights, whichever is less.
			 (3-18-22)
ii. The holder of an
			 existing water right will be forced to an unreasonable effort or expense to
			 divert his existing water right. Protection of existing groundwater rights are
			 subject to reasonable pumping level provisions of Section
			 42-226, Idaho Code; or
			 (3-18-22)
iii. The quality of the
			 water available to the holder of an existing water right is made unusable for
			 the purposes of the existing user's right, and the water cannot be restored to
			 usable quality without unreasonable effort or expense. (3-18-22)
iv. An application that would otherwise be
			 denied because of injury to another water right may be approved upon conditions
			 which will mitigate losses of water to the holder of an existing water right,
			 as determined by the Director. (3-18-22)
v. The provisions of Subsection
			 045.01.a.v. are not intended
			 to require compensation or mitigation for loss of flow to holders of
			 subordinated hydropower rights or those from which trust water is reallocated.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.08 - WATER APPROPRIATION RULES › Section 37.03.08.055 - MORATORIUM

Current through August 31, 2023
01.
Applications for Permit
.
			 (3-18-22)
a. The Director may cease to approve
			 applications for permit in a designated geographical area upon finding a need
			 to: (3-18-22)
i. Protect existing water
			 rights; (3-18-22)
ii. Insure
			 compliance with the provisions of Chapter 2, Title 42, Idaho Code; and
			 (3-18-22)
iii. Prevent reduction of
			 flows below a minimum stream flow which has been established by the Director or
			 the board pursuant to applicable law. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.09 - WELL CONSTRUCTION STANDARDS RULES › Section 37.03.09.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are cited as IDAPA 37.03.09, "Well Construction
			 Standards Rules." (3-18-22)
02.
Scope
. The Department of Water Resources has statutory
			 responsibility for the statewide administration of the rules governing well
			 construction. These rules establish minimum standards for the construction of
			 all new wells and the modification and decommissioning (abandonment) of
			 existing wells. The intent of the rules is to protect the ground water
			 resources of the state against waste and contamination. These rules are
			 applicable to all water wells, monitoring wells, low temperature geothermal
			 wells, injection wells, cathodic protection wells, closed loop heat exchange
			 wells, and other artificial openings and excavations in the ground that are
			 more than eighteen (18) feet in vertical depth below land surface as described
			 in these rules pursuant to Section
			 42-230 Idaho Code. Some artificial
			 openings and excavations do not constitute a well. For the purposes of these
			 rules, artificial openings and excavations not defined as wells are described
			 in Subsection 045.03 of
			 these rules. Any time that such an artificial opening or excavation is
			 constructed, modified, or decommissioned (abandoned) the intent of these rules
			 must be observed. If waste or contamination is attributable to this type of
			 artificial opening or excavation, the artificial opening or excavation must be
			 modified, or decommissioned (abandoned) as determined by the Director.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.09 - WELL CONSTRUCTION STANDARDS RULES › Section 37.03.09.030 - CONSTRUCTION OF LOW TEMPERATURE GEOTHERMAL RESOURCE WELLS AND BONDING

Current through August 31, 2023
01.
General
. Drillers
			 constructing low temperature geothermal resource wells (bottom hole temperature
			 more than eighty-five (85) degrees Fahrenheit and less than two hundred twelve
			 (212) degrees Fahrenheit) must be qualified under the Well Driller Licensing
			 Rules. All low temperature geothermal resource wells must be constructed in
			 such a manner that the resource will be protected from waste due to lost
			 artesian pressure and temperature. The owner or well driller is required to
			 provide bottom hole temperature data, but the Director may make the final
			 determination of bottom hole temperature, based upon information available to
			 him. (3-18-22)
a. All standards and guidelines
			 for construction and decommissioning (abandonment) of cold water wells apply to
			 low temperature geothermal resource wells except as modified by Rule
			 30, Subsections
			 030.03,
			 030.04, and
			 030.06. (3-18-22)
b. A drilling prospectus must be submitted to
			 and approved by the Director prior to the construction, modification, deepening
			 or decommissioning (abandonment) of any low temperature geothermal resource
			 well. The well owner and the well driller are responsible for the prospectus
			 and subsequent well construction. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.09 - WELL CONSTRUCTION STANDARDS RULES › Section 37.03.09.035 - HEALTH STANDARDS

Current through August 31, 2023
01.
Public
			 Water System Wells
. In addition to meeting these standards, all wells
			 that are constructed for public supply of domestic water must meet all of the
			 requirements set forth by the Idaho Department of Environmental Quality Rules,
			 IDAPA 58.01.08, "Idaho Rules for Public Drinking Water Systems."
			 (3-18-22)
02.
Special
			 Standards for Construction of Wells When Mineralized or Contaminated Water Is
			 Encountered
. Any time in the construction of a well that mineralized or
			 contaminated water is encountered, the well driller must take the appropriate
			 steps necessary to prevent the poor quality waters from entering the well or
			 moving up or down the annular space around the well casing. The method employed
			 to case and seal out this water will be determined by the well driller,
			 provided all other minimum standards are met. The well driller will take
			 special precautions in the case of filter-packed wells to prevent water of
			 inferior quality from moving vertically in the filter packed portions of the
			 well. All actions taken will be clearly documented on the well driller's
			 report. (3-18-22)
03.
Distances From Contaminant Sources
. All water wells constructed for
			 domestic use must comply with minimum distances from septic tanks, drain
			 fields, drainfield replacement area and other siting requirements as set forth
			 in Rule 25, Subsection
			 025.01.d. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.09 - WELL CONSTRUCTION STANDARDS RULES › Section 37.03.09.036 - OWNERS RESPONSIBILITIES FOR WELL USE AND MAINTENANCE

Current through August 31, 2023
After a well is completed the well owner is responsible for
				water quality testing, properly maintaining the well, and reporting problems
				with a well to the Director. All wells must be capped, covered and sealed such
				that debris cannot enter the well, persons or animals cannot fall into the
				well, and water cannot enter the well around the outside of the casing.
				Pursuant to Section
				42-1603, Idaho Code, the owner of
				any artesian well that will flow at land surface is required to apply to the
				Director for approval of a flow control device. (3-18-22)
01.
Use
. The well owner must not
			 operate any well in a manner that causes waste or contamination of the ground
			 water resource. Failure to operate, maintain, knowingly allow the construction
			 of any well in a manner that violates these rules, or failure to repair or
			 properly decommission (abandon) any well as herein required will subject the
			 well owner to civil penalties as provided by statute. (3-18-22)
02.
Maintenance
. The well owner
			 must: (3-18-22)
a. Not allow modification to
			 wells under their control without first obtaining an approved Idaho Department
			 of Water Resources (IDWR) permit, pursuant to Section
			 42-235, Idaho Code;
			 (3-18-22)
b. Maintain the minimum
			 casing height of twelve (12) inches above land surface and finished grade;
			 (3-18-22)
c. Maintain the
			 appropriate well cap, and control device if required, according to these Rules;
			 and (3-18-22)
d. Not install or
			 allow the installation of any well pump that would cause a violation of the
			 sand production requirements in accordance with these Rules or allow the well
			 to pump in excess of that allowed by a valid water right or domestic exemption.
			 (3-18-22)
e. Maintain the well to
			 prevent waste or contamination of ground waters through leaky casings, pipes,
			 fittings, valves, pumps, seals or through leakage around the outside of the
			 casings, whether the leakage is above or below the land surface. Any person
			 owning or controlling a non-compliant well must have the well repaired by a
			 licensed well driller under a permit issued by the Director in accordance with
			 these Rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.09 - WELL CONSTRUCTION STANDARDS RULES › Section 37.03.09.040 - AREAS OF DRILLING CONCERN

Current through August 31, 2023
01.
General
. (3-18-22)
a. The Director may
			 designate an "area of drilling concern" to protect public health, or to prevent
			 waste and contamination of ground or surface water, or both, because of factors
			 such as aquifer pressure, vertical depth to the aquifer, warm or hot ground
			 water, or contaminated ground or surface waters. (3-18-22)
b. The designation of an area of drilling
			 concern does not supersede or preclude designation of part or all of an area as
			 a Critical Ground Water Area (Section
			 42-233a, Idaho Code), Ground Water
			 Management Area (Section
			 42-233b, Idaho Code), or
			 Geothermal Resource Area (Sections
			 42-4002 and
			 42-4003, Idaho Code).
			 (3-18-22)
c. The designation of an
			 area of drilling concern can include certain aquifers or portions thereof while
			 excluding others. The area of drilling concern may include low temperature
			 geothermal resources while not including the shallower cold ground water
			 systems. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.09 - WELL CONSTRUCTION STANDARDS RULES › Section 37.03.09.045 - DRILLING PERMIT REQUIREMENTS

Current through August 31, 2023
01.
General
			 Provisions
. (3-18-22)
a. Drilling
			 permits are required pursuant to Section
			 42-235, Idaho Code, prior to
			 construction or modification of any well. (3-18-22)
b. Drilling permits will not be issued for
			 construction of a well which requires another separate approval from the
			 department, such as a water right permit, transfer, amendment or injection well
			 permit, until the other separate permitting requirements have been satisfied.
			 (3-18-22)
c. The Director may allow
			 the use of a start card permit or give verbal approval to a well driller for
			 the construction of cold water single family domestic wells. Start cards must
			 be received by the Department at least two office hours prior to commencing
			 construction of the well. (3-18-22)
d. The Director may give verbal approval to a
			 well driller for the construction of a well for which other permitting
			 requirements have been met, provided that the driller or owner has filed the
			 drilling permit application and appropriate fee. (3-18-22)
e. The Director will not give a verbal
			 approval or allow the use of a start card permit for wells constructed in a
			 designated Area of Drilling Concern, Critical Ground Water Area, or Ground
			 Water Management Area. (3-18-22)
f.
			 A well driller will not construct, drill or modify any well until a drilling
			 permit has been issued, or verbal approval granted.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.09 - WELL CONSTRUCTION STANDARDS RULES › Section 37.03.09.050 - PENALTIES

Current through August 31, 2023
A person owning or controlling a well that allows waste or
				contamination of the state's ground water resources or causes a well not to
				meet the construction standards provided in these Rules is subject to the civil
				penalties as provided by statute. A driller who violates the foregoing
				provisions of these well construction standards Rules is subject to enforcement
				action and the penalties as provided by Statute. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.09 - WELL CONSTRUCTION STANDARDS RULES › Appendix A

Current through August 31, 2023
Figure 01. Concrete Slabs and Finished
				Grade
Click here to view
				image
Figure 02. Annular Space and Overbore
Click here to view
				image
Figure 03. Overbore Requirements When a Tremie Pipe is
				Left in Place and A Grout Seal Installed
Click here to view
				image
Figure 04. Sealing Requirements in Consolidated
				Formations
Click here to view
				image
Figure 05. Sealing Requirements in Unconsolidated
				Formation without Confining Layers
Click here to view
				image
Figure 06. Rathdrum Prairie Boundary
Click here to view
				image
Figure 07. Sealing Requirements in the Rathdrum
				Prairie
Click here to view
				image
Figure 08. Sealing Requirements in Unconsolidated
				Formations with Confining Layers
Click here to view
				image
Figure 09. Sealing Requirements for Artesian Wells in
				Unconsolidated Formations
Click here to view
				image
Figure 10. Sealing Requirements for Artesian Wells in
				Consolidated Formations
Click here to view
				image
Figure 11. Access Ports, Pressure Gauges, and Control
				Valves
Click here to view
				image
Figure 12. Well Cap and Access Port
Click here to view
				image
Figure 13. Casing Requirements for Low Temperature
				Geothermal Wells
Click here to view
				image
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.10 - WELL DRILLER LICENSING RULES › Section 37.03.10.001 - SCOPE

Current through August 31, 2023
These rules establish the requirements and procedures for
				obtaining and renewing authorization to drill wells in the state of Idaho. The
				rules also establish the requirements and procedures for obtaining
				authorization to operate drilling equipment under the supervision of a licensed
				driller. The licensing rules are applicable to all individuals and companies
				drilling or contracting to drill wells. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.10 - WELL DRILLER LICENSING RULES › Section 37.03.10.010 - DEFINITIONS

Current through August 31, 2023
Unless the context otherwise requires, the following
				definitions govern these rules. (3-30-23)
01.
Abandonment
. See
			 Decommissioned Well. (3-30-23)
02.
Applicant
. An individual who submits to the Department a complete
			 application for a license or operator's permit or a company that submits a
			 complete application for a license. (3-30-23)
03.
Area of Drilling Concern
. An
			 area designated by the director in accordance with Section
			 42-238, Idaho Code, within which
			 special drilling procedures and equipment are needed to prevent waste or
			 contamination of the ground water. (3-30-23)
04.
Board
. The Idaho Water
			 Resource Board. (3-30-23)
05.
Bond
. A cash or surety bond obtained by a licensed driller or
			 company (the principal) payable to the director (the obligee) to provide
			 funding for decommissioning or repair should the driller fail to comply with
			 well construction standards, and to allow information to be collected
			 concerning the drilling of the well if the driller fails to submit a timely,
			 accurate driller's report. (3-30-23)
06.
Bottom Hole Temperature of an
			 Existing or Proposed Well
. The temperature of the ground water
			 encountered in the bottom of a well or borehole. (3-30-23)
07.
Company
. A firm,
			 co-partnership, corporation, or association licensed in accordance with these
			 rules to drill or contract to drill wells. (3-30-23)
08.
Compliance History
. An
			 applicant's record of compliance with the laws and rules of Idaho and other
			 states relating to drilling of wells. (3-30-23)
09.
Continuing Education
.
			 Education or training pertinent to the drilling industry and the construction,
			 modification or decommissioning of wells. (3-30-23)
10.
Continuing Education Committee
			 (CEC)
. A committee whose purpose is to review and approve activities
			 related to continuing education credit. (3-30-23)
11.
Decommissioned (Abandoned)
			 Well
. Any well which has been permanently removed from service and
			 filled or plugged in accordance with these rules. A properly decommissioned
			 well will not: (3-30-23)
a. Produce or accept
			 fluids; (3-30-23)
b. Serve as a
			 conduit for the movement of contaminants inside or outside the well casing; or
			 (3-30-23)
c. Allow the movement of
			 surface or ground water into unsaturated zones, into another aquifer, or
			 between aquifers. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.10 - WELL DRILLER LICENSING RULES › Section 37.03.10.020 - LICENSE APPLICABILITY

Current through August 31, 2023
01.
Wells to
			 be Drilled by Licensed Drillers
. A well shall only be drilled by a
			 licensed driller, or an operator working under the supervision of a licensed
			 driller except that a property owner, who is not licensed, can construct a well
			 on his property for his own use without the aid of power-driven mechanical
			 equipment. (3-30-23)
02.
Operators to Have Permits
. Any person authorized to operate drilling
			 equipment under the supervision of a licensed driller shall possess an
			 operator's permit as provided in these rules. (3-30-23)
03.
Company to be Licensed
. No
			 company shall drill or contract to drill a well or wells unless the company has
			 been issued a license and has employed a principal driller as described in
			 accordance with these rules. (3-30-23)
04.
Decommissioning Wells
. Only
			 licensed drillers and operators may decommission wells, except that wells may
			 be decommissioned by the owner after receiving a specific waiver from the
			 Director. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.10 - WELL DRILLER LICENSING RULES › Section 37.03.10.030 - OBTAINING A DRILLER'S LICENSE

Current through August 31, 2023
01.
Experience Requirements
. (3-30-23)
a.
			 An applicant for a driller's license shall submit evidence to establish a
			 minimum of twenty-four (24) months of drilling experience. Twelve (12) of the
			 twenty-four (24) months of drilling experience must have occurred within the
			 five (5) year period immediately preceding the filing of the application. An
			 applicant will be credited with one (1) month of drilling experience for each
			 one hundred sixty (160) hours of employment as a driller or operator, or the
			 equivalent, as determined by the director. Experience drilling monitoring
			 wells, geothermal wells or other cased wells will be credited as experience by
			 the Director if the equipment and drilling methods are applicable to water well
			 construction. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.10 - WELL DRILLER LICENSING RULES › Section 37.03.10.031 - OBTAINING A COMPANY LICENSE

Current through August 31, 2023
01.
Application Requirements
. A company shall file with the Department a
			 complete application for a company license upon a form provided by the
			 Department to be accompanied by the following: (3-30-23)
a. The names and addresses of up to three (3)
			 persons not affiliated with the company, whom the Department can contact for
			 information regarding the company's past well drilling operations, may be
			 requested at the Department's discretion. (3-30-23)
b. Designation of a principal driller who
			 shall be a full-time employee of the company and shall drill wells only for the
			 company. A licensed driller who renders only occasional, part-time or
			 consulting drilling services to or for a company may not be designated as the
			 principal driller. (3-30-23)
c. The
			 names and addresses of drillers and operators presently employed.
			 (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.10 - WELL DRILLER LICENSING RULES › Section 37.03.10.032 - OBTAINING AN OPERATOR'S PERMIT

Current through August 31, 2023
01.
Experience Requirements
. (3-30-23)
a.
			 An applicant for an operator's permit shall submit evidence to establish a
			 minimum of 600 hours of well drilling experience acquired while in the presence
			 of a licensed driller or operator. Evidence may include but is not limited to:
			 payroll information, daily logs signed by a licensed driller or operator, or
			 other documentation approved by the Director. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.10 - WELL DRILLER LICENSING RULES › Section 37.03.10.033 - PROCESSING APPLICATION FOR A DRILLER'S LICENSE OR OPERATOR'S PERMIT

Current through August 31, 2023
01.
Incomplete Application
. If
			 an application is incomplete, not properly signed, or does not include the
			 information required by these rules, the Department will advise the applicant
			 in writing of the deficiency. If the deficiencies are not satisfied within
			 ninety (90) days of sending the notice of the deficiency, the application will
			 be void. The application fee is not refundable. (3-30-23)
02.
Issuance of License
. If the
			 director, upon review of the application, determines that an applicant for
			 license is qualified and the driller has subsequently taken and passed an
			 examination, a notice will be sent to the applicant requesting a bond, in an
			 amount determined in accordance with Rule
			 60, be filed with the Department.
			 Upon receipt of a satisfactory bond, the director will issue a license to the
			 applicant. (3-30-23)
03.
Issuance of Operator's Permits
. The Department will mail a notice
			 and operator's permit card to the principal driller on behalf of the applicant
			 if the application is complete and the applicant meets the qualifications
			 described in these rules. (3-30-23)
04.
Driller's License or Operator's
			 Permit Issued With Conditions or Denial of License or Operator's Permit
.
			 The Director may issue a license or operator's permit with specific conditions
			 or limitations based on the applicant's experience and compliance history. The
			 Director may refuse to issue or renew a driller's license permanently or for a
			 designated period if the driller has previously constructed wells improperly or
			 constructed a well without a valid driller's license. If the Director
			 determines that the applicant is not qualified, the Director will deny the
			 application. Notice of a denied application or a conditioned license or
			 operator's permit will be given to the applicant in accordance with IDAPA
			 37.01.01, "Rules of Procedure of the Idaho Department of Water Resources."
			 (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.10 - WELL DRILLER LICENSING RULES › Section 37.03.10.034 - EXAMINATION PROCEDURES

Current through August 31, 2023
01.
Written
			 Examination
. Written examinations will be offered at Department offices
			 on the first Monday of each quarter. If the first Monday is a legal holiday,
			 written examination will be offered on the first Tuesday. Re-examination may be
			 taken at a regularly scheduled examination date during a following quarter and
			 shall be scheduled with the Department office originally testing the applicant.
			 (3-30-23)
02.
Verbal or Oral
			 Examination
. Successful passage of a verbal examination may satisfy all
			 or a part of the written testing requirements under the following
			 circumstances: (3-30-23)
a. The applicant
			 requests a verbal examination and shows cause acceptable to the director why
			 the examination should be verbal rather than written. Applicants desiring to
			 take the examination verbally shall request that a verbal examination be
			 scheduled allowing at least fifteen (15) days to set an examination date.
			 (3-30-23)
b. The director
			 determines that because of the applicant's compliance history, additional
			 testing is needed to determine the applicant's qualifications.
			 (3-30-23)