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 37.03.11.020 - GENERAL STATEMENTS OF PURPOSE AND POLICIES FOR CONJUNCTIVE MANAGEMENT OF SURFACE AND GROUND WATER RESOURCES

Current through August 31, 2023
01.
Distribution of Water Among the Holders of Senior and Junior-Priority
			 Rights
. These rules apply to all situations in the state where the
			 diversion and use of water under junior-priority ground water rights either
			 individually or collectively causes material injury to uses of water under
			 senior-priority water rights. The rules govern the distribution of water from
			 ground water sources and areas having a common ground water supply.
			 (3-31-22)
02.
Prior
			 Appropriation Doctrine
. These rules acknowledge all elements of the
			 prior appropriation doctrine as established by Idaho law. (3-31-22)
03.
Reasonable Use of Surface and
			 Ground Water
. These rules integrate the administration and use of
			 surface and ground water in a manner consistent with the traditional policy of
			 reasonable use of both surface and ground water. The policy of reasonable use
			 includes the concepts of priority in time and superiority in right being
			 subject to conditions of reasonable use as the legislature may by law prescribe
			 as provided in Article XV, Section
			 5, Idaho Constitution, optimum
			 development of water resources in the public interest prescribed in Article XV,
			 Section 7, Idaho
			 Constitution, and full economic development as defined by Idaho law. An
			 appropriator is not entitled to command the entirety of large volumes of water
			 in a surface or ground water source to support his appropriation contrary to
			 the public policy of reasonable use of water as described in this rule.
			 (3-31-22)
04.
Delivery
			 Calls
. These rules provide the basis and procedure for responding to
			 delivery calls made by the holder of a senior-priority surface or ground water
			 right against the holder of a junior-priority ground water right. The principle
			 of the futile call applies to the distribution of water under these rules.
			 Although a call may be denied under the futile call doctrine, these rules may
			 require mitigation or staged or phased curtailment of a junior-priority use if
			 diversion and use of water by the holder of the junior-priority water right
			 causes material injury, even though not immediately measurable, to the holder
			 of a senior-priority surface or ground water right in instances where the
			 hydrologic connection may be remote, the resource is large and no direct
			 immediate relief would be achieved if the junior-priority water use was
			 discontinued. (3-31-22)
05.
Exercise of Water Rights
. These rules provide the basis for determining
			 the reasonableness of the diversion and use of water by both the holder of a
			 senior-priority water right who requests priority delivery and the holder of a
			 junior-priority water right against whom the call is made. (3-31-22)
06.
Areas Having a Common Ground Water
			 Supply
. These rules provide the basis for the designation of areas of
			 the state that have a common ground water supply and the procedures that will
			 be followed in incorporating the water rights within such areas into existing
			 water districts or creating new districts as provided in Section
			 42-237a.g., and Section
			 42-604, Idaho Code, or designating
			 such areas as ground water management areas as provided in Section
			 42-233(b), Idaho
			 Code. (3-31-22)
07.
Sequence
			 of Actions for Responding to Delivery Calls
. Rule
			 30 provides procedures for
			 responding to delivery calls within areas having a common ground water supply
			 that have not been incorporated into an existing or new water district or
			 designated a ground water management area. Rule
			 40 provides procedures for
			 responding to delivery calls within water districts where areas having a common
			 ground water supply have been incorporated into the district or a new district
			 has been created. Rule
			 41 provides procedures for
			 responding to delivery calls within areas that have been designated as ground
			 water management areas. Rule
			 50 designates specific known areas
			 having a common ground water supply within the state. (3-31-22)
08.
Reasonably Anticipated Average
			 Rate of Future Natural Recharge
. These rules provide for administration
			 of the use of ground water resources to achieve the goal that withdrawals of
			 ground water not exceed the reasonably anticipated average rate of future
			 natural recharge. (Section
			 42-237a.g., Idaho Code)
			 (3-31-22)
09.
Saving of
			 Defenses
. Nothing in these rules affects or in any way limit any
			 person's entitlement to assert any defense or claim based upon fact or law in
			 any contested case or other proceeding. (3-31-22)
10.
Wells as Alternate or Changed
			 Points of Diversion for Water Rights from a Surface Water Source
.
			 Nothing in these rules prohibits any holder of a water right from a surface
			 water source from seeking, pursuant to Idaho law, to change the point of
			 diversion of the water to an inter-connected area having a common ground water
			 supply. (3-31-22)
11.
Domestic and Stock Watering Ground Water Rights Exempt
. A delivery call
			 shall not be effective against any ground water right used for domestic
			 purposes regardless of priority date where such domestic use is within the
			 limits of the definition set forth in Section
			 42-111, Idaho Code, nor against
			 any ground water right used for stock watering where such stock watering use is
			 within the limits of the definition set forth in Section
			 42-1401A(11),
			 Idaho Code; provided, however, this exemption shall not prohibit the holder of
			 a water right for domestic or stock watering uses from making a delivery call,
			 including a delivery call against the holders of other domestic or
			 stockwatering rights, where the holder of such right is suffering material
			 injury. (3-31-22)