Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.02 - BENEFICIAL USE EXAMINATION RULES › Section 37.03.02.010 - DEFINITIONS

Current through August 31, 2023
Unless the context otherwise requires, the following
				definitions govern these rules. (3-18-22)
01.
Acre-Foot (AF)
. A volume of
			 water sufficient to cover one (1) acre of land one (1) foot deep and is equal
			 to forty-three thousand, five hundred sixty (43,560) cubic feet.
			 (3-18-22)
02.
Acre-Foot/Annum
. An annual volume of water that may be diverted under a
			 given use or right. (3-18-22)
03.
Amendment
. A change in point of diversion, place, period or nature
			 of use or other substantial change in the method of diversion or use of a
			 permitted water right. (3-18-22)
04.
Capacity Measurement
. The
			 maximum volume of water impounded in the case of reservoirs or the maximum rate
			 of diversion from the source as determined by actual measurement of the system
			 during normal operation. (3-18-22)
05.
Certified Water Right
			 Examiner
. A professional engineer or professional geologist, qualified
			 and registered in the state of Idaho who has the knowledge and experience
			 necessary to satisfactorily complete water right field examinations as
			 determined by the Director, and who has been appointed by the Director, Idaho
			 Department of Water Resources as a certified water right examiner. A certified
			 water right examiner is commonly termed a field examiner, water right examiner
			 or examiner. A certified water right examiner is an impartial investigator and
			 reporter of the information required by the Director to determine the extent of
			 beneficial use established in compliance with a permit. Department employees
			 are authorized to conduct water right examinations at the discretion of the
			 Director. (3-18-22)
06.
Conveyance Works
. The ditches, pipes, conduits or other means by which
			 water is carried or moved from the point of diversion to the place of use.
			 Storage works, if any, such as a dam can be considered part of the conveyance
			 works. (3-18-22)
07.
Cubic
			 Foot Per Second (CFS)
. A rate of flow approximately equal to four
			 hundred forty-eight and eight tenths (448.8) gallons per minute and also equals
			 fifty (50) miner's inches. (3-18-22)
08.
Department
. The Idaho
			 Department of Water Resources. (3-18-22)
09.
Director
. The Director of
			 the Idaho Department of Water Resources. (3-18-22)
10.
Duty of Water
. The quantity
			 of water necessary when economically conducted and applied to land without
			 unnecessary loss as will result in the successful growing of crops.
			 (3-18-22)
11.
Examination or
			 Field Examination
. An on-site inspection or investigation to determine
			 the extent of application of water to beneficial use and to determine
			 compliance with terms and conditions of the water right permit.
			 (3-18-22)
12.
Field
			 Report
. The form provided by the Department upon which the examiner
			 records the data gathered and describes the extent of diversion of water and
			 application to beneficial use. The report is fully termed beneficial use field
			 report and is also termed a field examination report. (3-18-22)
13.
Headworks or Diversion
			 Works
. The constructed barriers or devices on the source of water
			 (surface water or ground water) by which water can be diverted from its natural
			 course of flow and/or measured. (3-18-22)
14.
License
. The certificate
			 issued by the Director in accordance with Section
			 42-219, Idaho Code confirming the
			 extent of diversion and beneficial use of the water that has been made in
			 conformance with the permit conditions. (3-18-22)
15.
License Examination Fee
. The
			 fee required in Section
			 42-221K, Idaho Code, and is also
			 termed an examination fee. (3-18-22)
16.
Legal Subdivision
. A tract
			 of land described by the government land survey and usually is described by
			 government lot or quarter-quarter, section, township and range. A lot and block
			 of a subdivision plat recorded with the county recorder may be used in addition
			 to the government lot, quarter-quarter, section, township and range
			 description. (3-18-22)
17.
Measuring Device
. A generally accepted structure or apparatus used
			 to determine a rate of flow or volume of water. Examples are weirs, meters, and
			 flumes. Less typical devices may be accepted by the Director on a case-by-case
			 basis. (3-18-22)
18.
Nature
			 of Use
. The characteristic use for which water is applied. Examples are
			 domestic, irrigation, mining, industrial, fish propagation, power generation,
			 municipal, etc. (3-18-22)
19.
Period of Use
. The time period during which water under a given
			 right can be beneficially used. (3-18-22)
20.
Permit Holder or Owner
. The
			 person, association, or corporation to whom a permit has been issued or
			 assigned as shown by the records of the Department. (3-18-22)
21.
Permit or Water Right
			 Permit
. The water right document issued by the Director authorizing the
			 diversion and use of unappropriated public water of the state or water held in
			 trust by the state. (3-18-22)
22.
Place of Use (P.U. or POU)
. The location where the beneficial use
			 is made of the diverted water. (3-18-22)
23.
Point of Diversion (P.D. or
			 POD)
. The location on the public source of water from which water is
			 diverted. Examples are pump intake, headgate, well locations, and dam
			 locations. (3-18-22)
24.
Project Works
. A general term which includes diversion works,
			 conveyance works, and any devices which may be used to measure the water or to
			 apply the water to the intended use. Improvements which have been made as a
			 result of application of water, such as land preparation for cultivation, are
			 not a part of the project works. (3-18-22)
25.
Proof of Beneficial Use
. The
			 submittal required in Section
			 42-217, Idaho Code. This submittal
			 is commonly termed proof. (3-18-22)
26.
Source
. The name of the
			 natural water body at the point of diversion. Examples are Snake River, Smith
			 Creek, ground water, spring, etc. (3-18-22)