Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.02 - BENEFICIAL USE EXAMINATION RULES › Section 37.03.02.035 - EXAMINATION FOR BENEFICIAL USE

Current through August 31, 2023
01.
Field
			 Report
. (3-18-22)
a. All items of the
			 field report must be completed and must provide sufficient information for the
			 Director to determine the extent of the water right developed in order for the
			 report to be acceptable to the Director. (3-18-22)
b. Permitted uses partially developed by the
			 permit holder shall be described in detail. Permitted uses which were not
			 developed by the permit holder shall be noted. Uses determined to exist which
			 are not authorized by the permit being examined shall also be described in
			 detail. (3-18-22)
c. A concise
			 description of the diversion works and a general description of the
			 distribution works shall be given. This description must trace the water from
			 the point of diversion to the place of use and the return to a public water
			 source, if any. Any reservoir, diversion dam, headgate, well, canal, flume,
			 pump and other related structure shall be included. If water is stored, the
			 timing and method of storage, release, rediversion and conveyance to the place
			 of use shall be described. The make, capacity, serial number and model number
			 of all pumps, boosters or measuring devices associated with the point of
			 diversion at the source of the water supply shall be described on the field
			 examination report. Schematic diagrams, photographs, and maps sufficient to
			 locate and describe the diversion, conveyance and usage systems shall also be
			 provided in the examination report. (3-18-22)
d. Any interconnection of the water use being
			 examined with other water rights or with other conveyance systems shall be
			 described on the field report. Interconnection includes, but is not limited to,
			 sharing the same point of diversion, distribution system, place of use, or
			 beneficial use. The examination report shall also include an evaluation of how
			 the water use being examined is distinct from prior existing water rights and
			 provides an alternate source of water or increment of beneficial use not
			 authorized by prior existing water rights. (3-18-22)
e. If water is returned to a public water
			 source after use, a legal description of the point where the water is returned
			 and source to which discharge is made shall be provided. Examples of uses which
			 generally have an effluent discharge include fish propagation and power
			 facilities. (3-18-22)
f. The method
			 of compliance with each condition of approval of a permit shall be shown on the
			 field report by the examiner. (3-18-22)
g. If the water is used for irrigation, the
			 boundaries of the irrigated areas and the location of the project works
			 providing water to each shall be platted on the maps submitted with the report
			 and the full or partial acreage in each legal subdivision of forty (40) acres
			 or government lot shall be shown. (3-18-22)
h. Irrigated acreage shall be shown on the
			 field report to the nearest whole acre in a legal subdivision except the
			 acreage shall be shown to the nearest one-tenth (0.10) acre for permits
			 covering land of less than ten (10) acres. (3-18-22)
i. Where a permit has been developed as
			 separate distribution systems from more than one point of diversion, the
			 separate areas irrigated from each point of diversion shall be shown on the
			 maps submitted with the report and the legal subdivisions embracing the
			 irrigated areas for each such respective point of diversion together with the
			 total irrigated area shall be described. (3-18-22)
j. For each use of water the examiner shall
			 report an annual diversion volume based on actual beneficial use during the
			 development period for the permit. The method of determining the annual
			 diversion volume shall be shown. The annual diversion volume shall account for
			 seasonal variations in factors affecting water use, including seasonal
			 variations in water availability. For irrigation, the volume shall be based on
			 the field headgate requirements in the map titled Irrigation Field Headgate
			 Requirement appended to these rules (see Appendix A located at the end of this
			 chapter). Annual diversion volumes for heating and cooling uses may be adjusted
			 to account for documented weather conditions during any single heating or
			 cooling season from among the fifty (50) years immediately prior to submitting
			 proof of beneficial use for the permit. For storage uses that include filling
			 the reservoir and periodically replenishing evaporation and seepage losses
			 throughout the year, the annual diversion volume shall be the sum of the
			 amounts used for filling and for replenishment. Volumes may include reasonable
			 conveyance losses actually incurred by the water user. The following water uses
			 are exempt from the volume reporting requirement: (3-18-22)
i. Diversion to storage. (Volume should be
			 reported for the storage use, such as irrigation storage.) (3-18-22)
ii. Domestic uses as defined in Section
			 42-111, Idaho Code.
			 (3-18-22)
iii. In-stream watering
			 of livestock. (3-18-22)
iv. Fire
			 protection. (Volume is required for fire protection storage.)
			 (3-18-22)
v. On-stream,
			 run-of-the-river, non-consumptive power generation uses. (3-18-22)
vi. Minimum stream flows established pursuant
			 to Chapter 15, Title 42, Idaho Code. (3-18-22)
vii. Municipal use by an incorporated city or
			 other entity serving users throughout an incorporated city, except the
			 following situations that do require a volume to be reported: (3-18-22)
(1) The permit or amended permit was approved
			 with a volume limitation; or (3-18-22)
(2) The permit was not approved for municipal
			 use but can be amended and licensed for a municipal use established during the
			 authorized development period for the permit. (3-18-22)
viii. Irrigation using natural stream flow
			 diverted from a stream or spring. (Volumes must be reported for irrigation uses
			 from ponds, lakes and ground water and for irrigation storage and irrigation
			 from storage.) (3-18-22)
k. The total number of holding/rearing ponds
			 and the dimensions and volume of the ponds shall be shown on the field report
			 for fish rearing or fish propagation use. The annual volume shall be calculated
			 based on the changes of water per hour. (3-18-22)
l. Information shall be submitted concerning
			 the beneficial use that has been made of the water unless the purpose of use is
			 for irrigation. For example, for stockwater use, the number and type of stock
			 watered shall be provided. Similar indications of the extent of beneficial use
			 shall be provided for all other non-irrigation uses. (3-18-22)
m. The period during each year that the water
			 is used shall be described for each use. (3-18-22)
n. For permits having more than one (1) use,
			 the diversion rate measured for each use, the annual diversion volume
			 determined for each use (unless specifically exempted by rule or statute), and
			 the place of use for each use shall be described. (3-18-22)
o. The amount (rate and/or volume) of water
			 shall be limited by the smaller of the permitted amount, the amount upon which
			 the license examination fee is paid, the capacity of the diversion works or the
			 amount beneficially used prior to submitting proof of beneficial use, including
			 any statutory limitation of the duty of water. (3-18-22)
p. Suggested amendments shall be noted on the
			 field report when the place of use, point of diversion, period or nature of use
			 is different from the permit. Suggested amendments shall be based on actual
			 use, not on potential use. (3-18-22)
q. An aerial photo marked to depict the
			 point(s) of diversion and place(s) of use for each use must accompany each
			 field report unless waived by the Director. If existing photos are not
			 available, the Director will accept a USGS Quadrangle map at the largest scale
			 available. (3-18-22)
r. Unless
			 required as a condition of permit approval, an on-site examination and direct
			 measurement of the diversion rate are not required for the following water uses
			 if the beneficial use, place of use, season of use, and point of diversion can
			 be confirmed by documentary means such as well driller reports, property tax
			 records, receipts and other records of the permit holder, or photographs,
			 including aerial photographs: (3-18-22)
i.
			 Irrigation up to five (5) acres. (3-18-22)
ii. Storage of up to fourteen point six
			 (14.6) acre-feet of water solely for stock watering purposes.
			 (3-18-22)
iii. Any uses other than
			 irrigation or storage if the total combined diversion rate for all the uses
			 established in connection with the permit does not exceed twenty-four one
			 hundredths (0.24) cubic feet per second.
			 (3-18-22)