Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.01 - ADJUDICATION RULES › Section 37.03.01.010 - DEFINITIONS

Current through August 31, 2023
01.
Amendment Fee
. The
			 additional fee payable at the time of filing an amendment to a claim, as
			 provided in Section
			 42-1414(2), Idaho
			 Code. (3-18-22)
02.
Aquaculture
. The use of water for propagation of fish, shell fish,
			 and any other animal or plant product naturally occurring in an underwater
			 environment. (3-18-22)
03.
Aquaculture Fee
. The variable fee payable for aquaculture use, as
			 provided in Section
			 42-1414(1)(b)(iii),
			 Idaho Code, which shall be calculated for each cfs and fraction thereof to the
			 nearest dollar. (3-18-22)
04.
Claim
. A notice of claim to a water right acquired under state
			 law, as provided in Section
			 42-1409(4), Idaho
			 Code. (3-18-22)
05.
Department
. The Idaho Department of Water Resources. (3-18-22)
06.
Director
. The Director of
			 the Idaho Department of Water Resources. (3-18-22)
07.
Domestic Use
. Domestic use
			 as defined in Section
			 42-1401A(4),
			 Idaho Code. (3-18-22)
08.
Flat Fee
. The per claim fee for filing claims, as provided in
			 Section 42-1414(1)(a),
			 Idaho Code. (3-18-22)
09.
Late Fee
. The additional fee payable for the filing of late
			 claims, as provided in Section
			 42-1414(3), Idaho
			 Code. (3-18-22)
10.
Per Acre
			 Fee
. The variable fee for irrigation use, as provided in Section
			 42-1414(1)(b)(i),
			 Idaho Code, which shall be calculated for each acre and fraction thereof
			 rounded to the next whole acre. (3-18-22)
11.
Per Cfs Fee
. The variable
			 fee payable for other uses, as provided in Section
			 42-1414(1)(b)(iii), (iv) and
			 (v), Idaho Code, which shall be calculated
			 for each cfs and fraction thereof to the nearest dollar. (3-18-22)
12.
Per Kilowatt Fee
. The
			 variable fee payable for power generation use, as provided in Section
			 42-1414(1)(b)(ii),
			 Idaho Code, which shall be calculated for each kilowatt and fraction thereof.
			 (3-18-22)
13.
State Law Claim
			 Form
. The department's form entitled "Notice of Claim to a Water Right
			 Acquired Under State Law as provided in Section
			 42-1409(4), Idaho
			 Code. (3-18-22)
14.
Stock
			 Watering Use
. Stock watering use as defined in Section
			 42-1401A(11),
			 Idaho Code. (3-18-22)
15.
Total Fee
. The fee payable for filing a claim, which consists of
			 the flat fee plus any applicable variable fee and late fee. (3-18-22)
16.
Variable Fee
. The fee
			 payable for filing claims in addition to the flat fee, as provided in Section
			 42-1414(1)(b),
			 Idaho Code. (3-18-22)
17.
Water Delivery System
. All structures and equipment used for
			 diversion, storage, transportation, and use of water from the water source to
			 and including each place of use. (3-18-22)
18.
Water Delivery Organization
.
			 An irrigation district, a water utility, a municipality, or any similar
			 claimant of a water right who diverts water pursuant to the water right claimed
			 and delivers the water to others who make beneficial use of the water diverted
			 by the water delivery organization pursuant to the water right claimed by the
			 water delivery organization. (3-18-22)