reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.03 - WATER SUPPLY BANK RULES › Section 37.02.03.025 - ACQUISITION OF WATER RIGHTS FOR THE BOARD'S WATER SUPPLY BANK

Current through August 31, 2023
01.
General
. The Board may
			 purchase, lease, accept as a gift or otherwise obtain rights to natural flow or
			 stored water and credit them to the Board's water supply bank. These water
			 rights may then be divided or combined into more marketable blocks provided
			 that there is no injury to other right holders, or enlargement of use of the
			 water rights, and the change is in the local public interest. Any person
			 proposing to sell or lease water rights to the Board's water supply bank, or to
			 otherwise make water available through the water supply bank for the purposes
			 of Section
			 42-1763A, Idaho Code, shall file a
			 completed application with the Director on a forms or in a format provided by
			 the Department and provide such additional information as the Board or Director
			 may require in evaluating the proposed transaction. The completed application
			 form shall state the period of time a water right is offered for lease, or the
			 period of time that storage water will be released for fish migration purposes
			 in accordance with Section
			 42-1763A, Idaho Code, and the
			 payment terms, if any, requested by the applicant. (3-18-22)
02.
Application
. Submitted with
			 the completed application shall be: (3-18-22)
a. Evidence that the water right has been
			 recorded through court decree, permit or license issued by the Department. If
			 the right is included in an ongoing adjudication, a copy of the claim is
			 required; (3-18-22)
b. Proof of
			 current ownership of the water right by the applicant; (3-18-22)
c. Information that the water right has not
			 been lost through abandonment, or forfeiture as defined by Section
			 42-222(2), Idaho
			 Code; (3-18-22)
d. Evidence to
			 demonstrate the relative availability of water in the source to fill the water
			 right; and (3-18-22)
e. The written
			 consent of such company, corporation or irrigation district to the proposed
			 sale or lease must accompany the application if the right to the use of the
			 water, or the use of the diversion works or irrigation system is represented by
			 shares of stock in a company or corporation, or if such works or system is
			 owned or managed by an irrigation district. (3-18-22)
f. A lease application filing fee of two
			 hundred fifty dollars ($250) per water right up to a maximum total of five
			 hundred dollars ($500.00) for overlapping water rights which have a common
			 place of use or common diversion rate or diversion volume. The lease filing fee
			 described herein shall be deposited in the Water Administration Account and
			 shall not apply to applications to lease stored water into rental pools
			 described in Rule 40.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.03 - WATER SUPPLY BANK RULES › Section 37.02.03.035 - HANDLING OF MONEY ASSOCIATED WITH THE BOARD'S WATER SUPPLY BANK

Current through August 31, 2023
Payments received by the Department from the sale or rental of
				water rights from the Board's water supply bank shall be handled as follows:
				(3-18-22)
01.
Credited
			 Amount
. Ten percent (10%) of the gross amount received from the sale or
			 rental of a water right from the Board's water supply bank and the entire lease
			 application fee received pursuant to Rule
			 025 shall be credited to the Water
			 Administration Account created by Section
			 42-238a, Idaho Code, or to the
			 federal grant fund if the payment is received from a federal agency, for
			 administrative costs of operating the Water Supply Bank. The ten percent (10%)
			 charge described herein shall not apply to stored water rented from the rental
			 pools described in Rule
			 040. (3-18-22)
02.
Excess Funds
. Any funds in
			 excess of the amount needed to compensate the owner of the water right in
			 accordance with the resolution accepting the water right into the Board's water
			 supply bank and the administrative charge of Rule Subsection
			 035.01 shall be credited to the
			 Water Management Account created by Section
			 42-1760, Idaho Code, for use by
			 the Board for the purposes of Rule
			 1. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.03 - WATER SUPPLY BANK RULES › Section 37.02.03.040 - APPOINTMENT OF LOCAL RENTAL POOL COMMITTEES

Current through August 31, 2023
01.
Board
			 Meetings for Committee Appointments
. The Board may at any regular or
			 special meeting to consider appointing an entity to serve as a local committee
			 to facilitate the lease and rental of stored water. At least ten (10) days
			 prior to the meeting, the entity seeking appointment shall provide to the
			 Director information concerning the organization of the entity, a listing of
			 its officers, a copy of its bylaws and procedures, if applicable, a copy of the
			 proposed local committee procedures, pursuant to which the local committee
			 would facilitate the lease and rental of stored water, together with a copy of
			 each general lease and rental form proposed to be used by the local committee.
			 The local committee procedures must be approved by the Board and must provide
			 for the following: (3-18-22)
a. Determination
			 of priority among competing applicants to lease stored water to the rental pool
			 and to rent stored water from the rental pool; (3-18-22)
b. Determination of the reimbursement
			 schedule for those leasing stored water into the rental pool;
			 (3-18-22)
c. Determination of the
			 rental price charge to those renting stored water from the rental pool;
			 (3-18-22)
d. Determination of the
			 administrative charge to be assessed by the local committee;
			 (3-18-22)
e. Allocation of stored
			 water leased to the bank but not rented; (3-18-22)
f. Notification of the Department and the
			 watermaster of any rentals where stored water will be moved from the place of
			 use authorized by the permit, license, or decree establishing the stored water
			 right; (3-18-22)
g. Submittal of
			 applications to rent water from the rental pool for more than five (5) years to
			 the Board for review and approval as a condition of approval by the local
			 committee; (3-18-22)
h. Prevention
			 of injury to other water rights; (3-18-22)
i. Protection of the local public interest,
			 except for applications submitted pursuant to the interim authority provided by
			 Section 42-1763A, Idaho Code;
			 (3-18-22)
j. Consistency with the
			 conservation of water resources within the state of Idaho, except for
			 applications submitted pursuant to the interim authority provided by Section
			 42-1763A, Idaho Code;
			 (3-18-22)
k. Management of rental
			 pool funds as public funds pursuant to the Public Depository Law, Chapter 1,
			 Title 57, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.04 - SHOSHONE-BANNOCK TRIBAL WATER SUPPLY BANK RULES › Section 37.02.04.000 - LEGAL AUTHORITY

Current through August 31, 2023
These rules have been adopted pursuant to Sections
				42-1761 to
				42-1765, Idaho Code, Idaho Water
				Resources Board Water Supply Bank Rule
				40 and The 1990 Fort Hall Indian
				Water Rights Agreement (Agreement) to assure orderly operation of the
				Shoshone-Bannock Tribal Water Supply Bank. (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.04 - SHOSHONE-BANNOCK TRIBAL WATER SUPPLY BANK RULES › Section 37.02.04.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Purpose
. The purpose of establishing this Shoshone-Bannock Water
			 Supply Bank is to allow for rental for any beneficial use all or any part of
			 the water accruing to the federal contract storage rights in the American Falls
			 Reservoir and the Palisades Reservoir as described in Article 7.3.1 of the
			 Agreement not used on Indian lands or otherwise required to fulfill the
			 exchange established by Article 8 of the Michaud Contract. (3-31-22)
02.
Intent
. These rules are not
			 intended to prohibit the Tribes from renting the storage contract water from
			 Palisades and American Fall Reservoirs for any beneficial use within the
			 exterior boundaries of the Reservation. (3-31-22)
03.
Agreement
. The Idaho Water
			 Resources Board or its successors, pursuant to Section
			 7.3.6 of the Agreement, agrees
			 not to take any action that will interfere with the nature, scope, spirit and
			 purposes of the Shoshone-Bannock Water Supply Bank. (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.04 - SHOSHONE-BANNOCK TRIBAL WATER SUPPLY BANK RULES › Section 37.02.04.025 - GENERAL

Current through August 31, 2023
01.
Priority of Use
. Before
			 stored water is assigned to the rental pool, Tribal stored water shall be
			 maintained and made available for Tribal uses as determined by the Council and
			 to meet the commitment of the Tribes under Article 8 of the Michaud Contract.
			 The water is to be rented for beneficial use and may be rented outside the
			 Reservation subject to the provisions of Rule
			 45 of these Water Supply Bank Rules.
			 (3-31-22)
02.
Bank
			 Operation
. The operation of the Bank shall be consistent with the
			 Agreement. The Bank shall be for the exclusive purpose of rental of Tribal
			 stored water. (3-31-22)
03.
Authority of Bank
. The Shoshone-Bannock Water Supply Bank is
			 created pursuant to the provisions of the following Sections
			 42-1761,
			 42-1762,
			 42-1763,
			 42-1764, and
			 42-1765, Idaho Code.
			 (3-31-22)
04.
Incorporation
			 of Articles
. These rules incorporate by reference the provisions set
			 forth in Article 7.3.5, 7.3.10 and 7.3.11 of the Agreement. (3-31-22)
05.
Consistency
. The operation
			 of the Bank shall be consistent with provisions of the Tribes' spaceholder
			 contracts with the United States. (3-31-22)
06.
Storage Water
. Tribal stored
			 water rented from the pool shall be deemed storage water of the renter.
			 (3-31-22)
07.
Evaporation
			 Losses
. Evaporation losses associated with any Tribal stored water
			 assigned to the Bank shall be charged to storage space from which the water is
			 released. (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.04 - SHOSHONE-BANNOCK TRIBAL WATER SUPPLY BANK RULES › Section 37.02.04.030 - MANAGEMENT

Current through August 31, 2023
01.
Bank Operation
. The Bank
			 shall be operated by the Tribal Rental Pool Committee in conformity with these
			 rules and the Agreement. (3-31-22)
02.
Committee Composition
. The
			 Tribal Rental Pool Committee shall be composed of the following members: the
			 Bureau Snake River Area Manager, the Snake River Watermaster, the Tribal
			 Reservation Watermaster and three (3) individuals designated by the Council.
			 The composition of this Committee shall only be changed as provided in the
			 Agreement. (3-31-22)
03.
Chairperson Selection
. The Committee shall select its own Chairperson
			 from the Committee as determined by a majority vote of the Committee. Each term
			 of the Chairperson of the Committee shall not exceed four (4) years; however,
			 nothing precludes the same person from being re-elected as Chairperson by the
			 members for more than one (1) term. (3-31-22)
04.
Committee Responsibilities
.
			 The Tribal Rental Pool Committee shall have the following responsibilities:
			 (3-31-22)
a. The Committee shall ensure that
			 the Bank is operated in compliance with these rules and the Agreement and shall
			 establish such other polices for the operation of the Bank as are consistent
			 with these rules and the Agreement. (3-31-22)
b. The Committee shall advise the Fort Hall
			 Business Council on water banking activities upon request.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.04 - SHOSHONE-BANNOCK TRIBAL WATER SUPPLY BANK RULES › Section 37.02.04.035 - ASSIGNMENTS OF TRIBAL STORED WATER TO THE BANK

Current through August 31, 2023
01.
Assignments of Stored Water
. Assignments of Tribal stored water to
			 the Bank should identify the reservoir from which the assignment is being made.
			 If no reservoir is identified, the Tribal stored water shall be deemed to come
			 first from the Palisades Reservoir and secondly from American Falls Reservoir.
			 (3-31-22)
02.
Assignment
			 Forms
. Assignments of Tribal stored water to the Bank shall be in
			 writing on forms provided by the Committee and shall bear the date received by
			 the Chairperson. Copies of all assignments shall be provided to all the
			 Committee members and a copy shall be provided to the Council.
			 (3-31-22)
03.
Term of
			 Assignment
. Assignments of Tribal stored water may be made for any
			 period of time. (3-31-22)
04.
Control of Assigned Water
. All Tribal stored water assigned to the
			 Bank by the Council shall be under the control of the Committee for the
			 duration of the term of the assignment to be rented in accordance with these
			 rules and the terms of the assignment. (3-31-22)
05.
Space Assignment
. Whenever
			 Tribal stored water is made available for rental, it shall be deemed that it is
			 the intention of the Tribes to assign sufficient space to yield the amount of
			 water designated. (3-31-22)
06.
Return of Unrented Water
. Any Tribal stored water assigned to the
			 rental pool that is not rented shall be returned to the credit of the Tribes.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.04 - SHOSHONE-BANNOCK TRIBAL WATER SUPPLY BANK RULES › Section 37.02.04.040 - RENTAL OF WATER FROM THE RENTAL POOL

Current through August 31, 2023
01.
Rental
			 Priorities
. Tribal stored water assigned to the Bank shall be made
			 available for rental in accordance with the priorities established by the
			 Committee, provided that the Fort Hall Indian Irrigation Project water users
			 shall have a right of first refusal to rent any tribal stored water assigned to
			 the rental pool. Notice shall be given in accordance with procedures
			 established by agreement of the Tribes and the Fort Hall Indian Irrigation
			 Project water users. (3-31-22)
02.
Rental Application
. A request to rent water shall be in writing on
			 a form provided by the Committee. A copy of the request shall be provided to
			 each member of the Committee and forwarded to the Council. (3-31-22)
03.
Content of Agreements
. All
			 rental agreements shall contain the following information: (3-31-22)
a. Name and address of the renter,
			 (3-31-22)
b. Amount of tribal
			 stored water obligated, (3-31-22)
c. The beneficial use, (3-31-22)
d. The rental price, (3-31-22)
e. The legal description of the point of
			 diversion and place of use, (3-31-22)
f. The duration of the rental agreement,
			 (3-31-22)
g. The understanding of
			 responsibilities and exposures if reservoir space does not fill at some time
			 during the term of the rental agreement. (3-31-22)
h. The understanding that transportation
			 losses occurring between the reservoir and the place of use shall be deducted
			 from water delivered under the rental agreement. (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.04 - SHOSHONE-BANNOCK TRIBAL WATER SUPPLY BANK RULES › Section 37.02.04.045 - GEOGRAPHIC SCOPE OF RENTING

Current through August 31, 2023
01.
Palisades Storage
. Tribal stored water from the Palisades Reservoir may
			 be rented for use within the Snake River Basin above Milner Dam.
			 (3-31-22)
02.
American Falls
			 Storage
. Tribal stored water from the American Falls Reservoir may be
			 rented for use within the Snake River Basin within the state of Idaho.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.04 - SHOSHONE-BANNOCK TRIBAL WATER SUPPLY BANK RULES › Section 37.02.04.050 - RENTAL PAYMENTS

Current through August 31, 2023
01.
Rental
			 Price
. The price for rental Tribal stored water from the bank shall be
			 set by the Council. (3-31-22)
02.
Management of Rental Income
. Rental payments shall be made
			 directly to the Council. The Council shall be responsible for the management of
			 the rental income. The Council shall give written notice to the Committee that
			 payment was properly received and that water may be released under the rental
			 agreement. If payments are made over time, and payment is not received by the
			 Council, the Council shall promptly notify the Committee to hold back on
			 release of the water until payment is properly received. (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.04 - SHOSHONE-BANNOCK TRIBAL WATER SUPPLY BANK RULES › Section 37.02.04.055 - TERM OF RENTALS

Current through August 31, 2023
The Committee may rent tribal stored water for a period of up
				to five (5) years. Any request to rent water for a period in excess of five (5)
				years shall be subject to negotiations between the Tribes and the IWRB.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.04 - SHOSHONE-BANNOCK TRIBAL WATER SUPPLY BANK RULES › Section 37.02.04.060 - LIABILITY

Current through August 31, 2023
Nothing in these rules shall be construed as modifying or
				altering any provisions of the Agreement, including but not limited to Article
				7.3.12. (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.01 - ADJUDICATION RULES › Section 37.03.01.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 37.03.01, "Adjudication Rules."
			 (3-18-22)
02.
Scope
.
			 These rules implement statutes governing the filing of notices of claims to
			 water rights acquired under state law and the collection of fees for filing
			 notices of claims to water rights acquired under state law in general
			 adjudications, as provided in Sections
			 41-1409,
			 42-1414 and
			 42-1415, Idaho Code.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.01 - ADJUDICATION RULES › Section 37.03.01.011 - ABBREVIATIONS

Current through August 31, 2023
01.
AF
. An acre foot (feet).
			 (3-18-22)
02.
CFS
.
			 Cubic foot (feet) per second. (3-18-22)
03.
NA
. Not applicable.
			 (3-18-22)
04.
PIN
.
			 Parcel identification number. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.01 - ADJUDICATION RULES › Section 37.03.01.025 - GENERAL

Current through August 31, 2023
01.
Requirement to Pay
. All
			 persons filing claims to water rights acquired under state law or amendments to
			 claims to water rights acquired under state law shall be required to pay filing
			 fees as set forth by statute and these rules. (3-18-22)
02.
Method of Payment
. Fees
			 shall be paid in legal tender of the United States; or by money order,
			 certified check, cashier's check, personal check, or by electronic payment
			 on-line payable to the department in legal tender of the United States.
			 Two-party checks will not be accepted. (3-18-22)
03.
Personal Check
. If a
			 personal check in payment of a flat fee, a variable fee, or a late fee, is
			 returned unpaid to the department or the debit or credit card payment is
			 rejected by the financial institution, the claims covered by the returned check
			 or the rejected debit or credit card will be rejected and returned to the
			 claimant. If a personal check in payment of an amendment fee is returned unpaid
			 to the department or the debit or credit card payment is rejected by the
			 financial institution, the amended claim will be rejected and returned to the
			 claimant, but the original claim will still be in effect. (3-18-22)
04.
Time of Payment
. Flat fees
			 and variable fees shall be payable to the department at the time of filing a
			 claim. Amendment fees shall be payable to the department at the time of filing
			 the amended claim. Late fees shall be payable at the time of filing the late
			 claim. (3-18-22)
05.
Government Voucher
. Fees payable by government agencies (other than
			 agencies of foreign governments) may be paid when due by government voucher. If
			 full payment of the voucher is not received within forty-five (45) days of the
			 date the voucher is received, the unpaid voucher will be treated as a returned
			 check as provided in Subsection
			 025.03. (3-18-22)
06.
Rejection of Claim
. Claims
			 submitted without the correct filing fee shall be rejected and returned to the
			 claimant. (3-18-22)
07.
Fire-Fighting
. A claim is not required to be filed for water used solely
			 to extinguish an existing fire on private or public lands, structures, or
			 equipment, or to prevent an existing fire from spreading to private or public
			 lands, structures, or equipment endangered by an existing fire pursuant to
			 Section 42-201(3), Idaho
			 Code. A claim is required for the use of water for domestic purposes in
			 regularly maintained firefighting stations and for the storage of water for
			 fighting future fires. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.01 - ADJUDICATION RULES › Section 37.03.01.030 - FLAT FEES

Current through August 31, 2023
01.
Small
			 Domestic and Stock Water
. A flat fee of twenty-five dollars ($25) shall
			 be payable for each claim for domestic use and/or stock watering use meeting
			 the definition of domestic use and/or stock watering use in Rule
			 010. (3-18-22)
02.
Other Claims
. A flat fee of
			 fifty dollars ($50) shall be payable for each claim that does not meet the
			 criteria of Subsection
			 030.01. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.01 - ADJUDICATION RULES › Section 37.03.01.035 - VARIABLE FEES

Current through August 31, 2023
01.
General
. For each claim not meeting the criteria of Subsection
			 030.01, there may be a variable
			 fee in addition to the flat fee. (3-18-22)
02.
Per Acre Fee
. (3-18-22)
a. A fee of one dollar ($1.00) per acre shall
			 be required for claims for irrigation use. (3-18-22)
b. The per acre fee shall only be charged
			 once against a particular acre, regardless of the number of claims filed for
			 the irrigation of that acre or the number of claimants filing claims for the
			 irrigation of that acre. (3-18-22)
c. The per acre fee shall be payable by the
			 first person to file a claim for the irrigation of a particular acre.
			 (3-18-22)
d. The per acre fee for
			 an irrigation project where the canals constructed cover an area of twenty-five
			 thousand (25,000) acres or more, or irrigation districts organized and existing
			 as such under the laws of the state of Idaho, or for beneficial use by more
			 than five (5) water users in an area of less than twenty-five thousand (25,000)
			 acres shall be determined based upon the acreage claimed to be irrigated by the
			 project or irrigation district within the boundaries of the project or
			 irrigation district. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.01 - ADJUDICATION RULES › Section 37.03.01.045 - AMENDMENT FEES

Current through August 31, 2023
When a claimant files an amendment to a claim, the total fee
				shall be recalculated as if the amended claim were the original claim. If the
				total fee as recalculated is greater than the total fee paid at the time the
				claim was filed, the amendment fee shall be the difference between the two (2)
				amounts. No refund shall be made if the total fee as recalculated is less than
				the total fee paid at the time the claim was filed. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.01 - ADJUDICATION RULES › Section 37.03.01.050 - LATE FEES

Current through August 31, 2023
01.
Late Fee
			 Payable
. A late fee shall be payable when a claim is filed after the
			 date set forth in the first commencement notice mailed to the claimant or the
			 claimant's predecessor in interest pursuant to Sections
			 42-1414(3), Idaho
			 Code. (3-18-22)
02.
Waiver
. The late fee may be waived by the director for good cause
			 shown. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.01 - ADJUDICATION RULES › Section 37.03.01.055 - REFUNDS

Current through August 31, 2023
Fees shall not be refunded or returned except where the fee was
				miscalculated at the time the claim was filed or as expressly provided in these
				rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.01 - ADJUDICATION RULES › Section 37.03.01.065 - REJECTED AND RETURNED CLAIMS

Current through August 31, 2023
01.
Rejected
			 Claims
. Rejected claims shall be returned to the claimant by ordinary
			 mail at the most recent address shown by department records. The rejected claim
			 shall be accompanied by a notice of rejection that states generally the
			 reason(s) for rejection. (3-18-22)
02.
Refiled Claims
. Claims that
			 have been rejected and returned to the claimant may be refiled with the
			 appropriate fees and appropriate information at any time prior to the deadline
			 for filing the original claim. Claims refiled after the deadline for filing the
			 original claim will be subject to the late fee, unless the claim is refiled
			 within thirty (30) days from the date of mailing the rejected claim by the
			 department. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.02 - BENEFICIAL USE EXAMINATION RULES › Section 37.03.02.000 - 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 37.03.02 - BENEFICIAL USE EXAMINATION RULES › Section 37.03.02.001 - TITLE AND SCOPE

Current through August 31, 2023
Sections
				42-217 and
				42-221, Idaho Code, requires a
				license examination fee be submitted together with the written proof of
				beneficial use or that a field examination report prepared by a certified water
				right examiner be submitted together with the written proof of beneficial use.
				The statutes also provided that field examinations could be conducted by
				certified water right examiners appointed by the director. (3-18-22)
01.
Examination Requirements
.
			 The examination requirements listed are intended as a guide to establish
			 acceptable standards to determine the extent of application of water to
			 beneficial use. The requirements are not intended to restrict the application
			 of other sound examination principles by water right examiners. The director
			 will evaluate any deviation from the standards hereinafter stated as they
			 pertain to the review of any given examination. Water right examiners are
			 encouraged to submit new ideas which will advance the art and provide for the
			 public benefit. (3-18-22)
02.
Rules
. These rules shall not be construed to deprive or limit the
			 director of the Department of Water Resources of any exercise of powers, duties
			 and jurisdiction conferred by law, nor to limit or restrict the amount or
			 character of data, or information which may be required by the director from
			 any owner of a water right permit or authorized representative for the proper
			 administration of the law. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.02 - BENEFICIAL USE EXAMINATION RULES › Section 37.03.02.009 - APPLICABILITY

Current through August 31, 2023
01.
Proof of Beneficial Use
.
			 These rules apply to all permits for which proof of beneficial use is not yet
			 due and has not been submitted to the department. (3-18-22)
02.
Examination
. These rules
			 apply to all permits for which an examination has not been conducted.
			 (3-18-22)
03.
Re-Examination
. These rules apply to all permits that have been
			 examined but the license has not been issued due to a request for a
			 re-examination by the permit holder. (3-18-22)
04.
Examination Fee
. The
			 examination fee requirements of these rules do not apply to a permit for single
			 family domestic use, stockwatering, or other small uses for which the use does
			 not exceed four one-hundredths (0.04) cfs or four (4) AF/year. The examination
			 fee is required for multiple use permits which exceed four one-hundredths
			 (0.04) cfs or four (4) AF/year even though single family domestic use or
			 stockwater use is included as one (1) of the uses on the permit.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.02 - BENEFICIAL USE EXAMINATION RULES › Section 37.03.02.011 - ABBREVIATIONS

Current through August 31, 2023
01.
AF
. Acre-Foot or Acre-Feet.
			 (3-18-22)
02.
CFS
.
			 Cubic Foot Per Second. (3-18-22)
03.
P.D. or POD
. Point of
			 Diversion. (3-18-22)
04.
P.U. or POU
. Place of Use. (3-18-22)
05.
USGS
. United States
			 Geological Survey. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.02 - BENEFICIAL USE EXAMINATION RULES › Section 37.03.02.025 - AUTHORITY OF REPRESENTATIVE

Current through August 31, 2023
01.
Proof of
			 Beneficial Use
. When the proof of beneficial use, field report, and
			 drawings are filed by the water right examiner on behalf of an owner, written
			 evidence of authority to represent the owner shall be filed with the proof,
			 field report, and drawings. (3-18-22)
02.
Responsibility
. It is the
			 responsibility of the permit holder or authorized representative to submit
			 proof of beneficial use and provide for the timely submission of a completed
			 field report by the due date in acceptable form to the director by either
			 paying the required examination fee to the department or by employing a
			 certified water right examiner. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.02 - BENEFICIAL USE EXAMINATION RULES › Section 37.03.02.040 - WATER MEASUREMENT

Current through August 31, 2023
01.
Measurement Terminology
. (3-18-22)
a.
			 Rate of flow measurements shall be shown in units of cubic feet per second
			 (cfs) with three (3) significant figures and no more precision than hundredths.
			 (3-18-22)
b. Volume measurements
			 shall be shown in units of acre-feet (AF) with three (3) significant figures,
			 and no more precision than tenths. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.02 - BENEFICIAL USE EXAMINATION RULES › Section 37.03.02.045 - DRAWINGS, MAP, AND SCHEMATIC DIAGRAM

Current through August 31, 2023
The following provisions shall apply to the submittal of
				drawings, maps, photos and the schematic diagrams. (3-18-22)
01.
Submittal of Drawings, Maps, Photos
			 and Schematic Diagrams
. Drawings, maps, photos and schematic diagrams
			 used as an attachment to the field report shall be on eight and one-half by
			 eleven (8 1/2 x 11) inch paper whenever possible. (3-18-22)
02.
Attachment Sheets
.
			 Attachment sheets shall depict information on one (1) side only.
			 (3-18-22)
03.
Scale of
			 Map
. The map depicting the point of diversion and place of use shall be
			 of a reasonable scale but not less than two (2) inches equals one (1) mile. The
			 map shall show the location of the point(s) of diversion to the nearest forty
			 (40) acre tract or to a ten (10) acre tract for springs. The location of
			 ditches, canals, mainlines, distribution systems and the place of use by forty
			 (40) acre tract must be shown. (3-18-22)
04.
Drawings
. Drawings need to
			 generally depict the size and type of diversion works, measuring device,
			 conveyance system, water application method, and the location of any
			 measurements taken. (3-18-22)
05.
Photographs
. Photographs of the diversion works, the typical
			 distribution works and other prominent features of the system shall be provided
			 with the field report. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.02 - BENEFICIAL USE EXAMINATION RULES › Section 37.03.02.050 - LICENSE EXAMINATION FEE

Current through August 31, 2023
01.
Examinations Conducted by Department Staff
. (3-18-22)
a. The examination fee shall be payable to
			 the Department of Water Resources unless the field examination is conducted by
			 a certified water right examiner. (3-18-22)
b. The department will not conduct an
			 examination for which the fee has not been paid to the department unless
			 exempted in Rule Subsection
			 009.04, except that for any
			 prior examination, whether conducted by a certified water right examiner or by
			 department staff, the department may conduct a supplemental examination on its
			 own initiative at any time. No examination fee shall be charged for a
			 supplemental examination conducted by the department on its own initiative.
			 (3-18-22)
c. A license shall not be
			 issued for an amount of water in excess of the amount covered by the
			 examination fee. Subsequent to the examination and prior to a license being
			 issued, the Director will notify the permit holder that the licensed amount
			 will be limited because an insufficient examination fee was paid. The permit
			 holder will be allowed thirty (30) days after the notice is mailed to pay the
			 additional examination fee, along with a late payment penalty of twenty-five
			 dollars ($25) or twenty percent (20%) of the amount of the additional required
			 fee whichever is more. If payment is received within the thirty (30) day
			 period, the rate or volume licensed shall not be reduced by reason of the
			 examination fee. If payment is not received within the thirty (30) day period,
			 the rate or volume licensed shall be limited by the original examination fee
			 paid. For the purpose of determining advancement of priority for late fee as
			 provided in Section
			 42-217, Idaho Code, fees shall not
			 be considered as having been paid until paid in full, including any subsequent
			 fee. (3-18-22)
d. Excess
			 examination fees are non-refundable. (3-18-22)
e. An examination fee equal to the initial
			 examination fee paid to the department shall be paid for a re examination made
			 at the request for the permit holder except upon a showing of error by the
			 department on the initial examination. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.02 - BENEFICIAL USE EXAMINATION RULES › Section 37.03.02.055 - PENALTY

Current through August 31, 2023
01.
Permits for Which Proof Has Not
			 Been Submitted
. The submittal required is the proof and the examination
			 fee or the proof and a completed field report. (3-18-22)
02.
Failure to Submit
. Failure
			 to submit either the license examination fee or an acceptable field examination
			 report prepared by or under the supervision of a certified water right examiner
			 by the proof due date is cause to lapse the permit pursuant to Section
			 42-218a, Idaho Code, unless an
			 extension of time pursuant to Section
			 42-204, Idaho Code, extending the
			 proof of beneficial use due date has been approved. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.03 - RULES AND MINIMUM STANDARDS FOR THE CONSTRUCTION AND USE OF INJECTION WELLS › Section 37.03.03.000 - LEGAL AUTHORITY

Current through August 31, 2023
This Chapter is adopted under the legal authority of Sections
				42-3913,
				42-3914, and
				42-3915, Idaho Code.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.03 - RULES AND MINIMUM STANDARDS FOR THE CONSTRUCTION AND USE OF INJECTION WELLS › Section 37.03.03.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 37.03.03 "Rules and Minimum
			 Standards for the Construction and Use of Injection Wells." (3-18-22)
02.
Scope
. These rules and
			 minimum standards are for construction and use of injection wells in the state
			 of Idaho. Upon promulgation, these rules apply to all injection wells (see Rule
			 Subsection 035.01). The construction and
			 use of Class I, III, IV, or VI injection wells are prohibited by these rules.
			 Class IV wells are also prohibited by federal law. These rules and minimum
			 standards for construction and use of injection wells apply to all injection
			 wells in the state of Idaho, except in Indian lands. All injection wells shall
			 be permitted and constructed in accordance with the "Well Construction
			 Standards Rules" found in IDAPA 37.03.09 which are authorized under Section
			 42-238, Idaho Code.
			 (3-18-22)
03.
Rule
			 Coverage
. In the event that a portion of these rules is less stringent
			 than the minimum requirements for injection wells as established by Federal
			 regulations, the correlative Federal requirement will be used to regulate the
			 injection well. (3-18-22)
04.
Variance of Methods
. The Director may approve the use of a
			 different testing method or technology if it is no less protective of human
			 health and the environment, will not allow the migration of injected fluids
			 into a USDW, meets the intent of the rule, and yields information or data
			 consistent with the original method or technology required. A request for
			 review by the Director must be submitted in writing by the applicant, permit
			 holder, or operator and be included with all pertinent information necessary
			 for the Director to evaluate the proposed testing method or technology.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.03 - RULES AND MINIMUM STANDARDS FOR THE CONSTRUCTION AND USE OF INJECTION WELLS › Section 37.03.03.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
01.
Incorporated Document
. IDAPA 37.03.03 adopts and incorporates by
			 reference those ground water quality standards found in Section
			 200 of IDAPA 58.01.11, "Ground
			 Water Quality Rule," of the Department of Environmental Quality.
			 (3-18-22)
02.
Document
			 Availability
. Copies of the incorporated document may be found at the
			 central office of the Idaho Department of Water Resources, 322 East Front
			 Street, Boise, Idaho, 83720-0098 or online through the department or state
			 websites. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.03 - RULES AND MINIMUM STANDARDS FOR THE CONSTRUCTION AND USE OF INJECTION WELLS › Section 37.03.03.015 - VIOLATIONS, FORMAL NOTIFICATION AND ENFORCEMENT

Current through August 31, 2023
01.
Violations
. It shall be a violation of these rules for any owner
			 or operator to: (3-18-22)
a. Fail to comply
			 with a permit or authorization, or terms or conditions thereof;
			 (3-18-22)
b. Fail to comply with
			 applicable standards for water quality; (3-18-22)
c. Fail to comply with any permit application
			 notification or filing requirement; (3-18-22)
d. Knowingly make any false statement,
			 representation or certification in any application, report, document or record
			 filed pursuant to these rules, or terms and conditions of an issued permit;
			 (3-18-22)
e. Falsify, tamper with
			 or knowingly render inaccurate any monitoring device or method required to be
			 maintained or utilized by the terms and conditions of an issued permit;
			 (3-18-22)
f. Fail to respond to any
			 formal notification of a violation when a response is required; or
			 (3-18-22)
g. Decommission a well in
			 an unauthorized manner. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.03 - RULES AND MINIMUM STANDARDS FOR THE CONSTRUCTION AND USE OF INJECTION WELLS › Section 37.03.03.020 - HEARING BEFORE THE WATER RESOURCE BOARD

Current through August 31, 2023
01.
General
. All hearings before the IWRB will be conducted in accordance
			 with Chapter 52, Title 67, Idaho Code, at a place convenient to the owner
			 and/or operator. For purposes of such hearings, the IWRB or its designated
			 hearing officer shall have power to administer oaths, examine witnesses, and
			 issue in the name of the said Board subpoenas requiring testimony of witnesses
			 and the production of evidence relevant to any matter in the hearing. Judicial
			 review of the final determination by the IWRB may be secured by the owner by
			 filing a petition for review as prescribed by Chapter 52, Title 67, Idaho Code,
			 in the District Court of the county where the injection well is situated or
			 proposed to be located. The petition for review shall be served upon the
			 Chairman of the IWRB and upon the Attorney General. (3-18-22)
02.
Hearings on Conditional Permits,
			 Disapproved Applications, or Petitions for Exemption
. Any owner or
			 operator aggrieved by the approval or disapproval of an application, or by
			 conditions imposed upon a permit, or any person aggrieved by the Director's
			 decision on a petition for exemption under Section
			 025 of these rules, shall be
			 afforded an opportunity for a hearing before the IWRB or its designated hearing
			 officer. Written notice of such grievance shall be transmitted to the Director
			 within thirty (30) days after receipt of notice of such approval, disapproval
			 or conditional approval. Such hearing shall be held for the purpose of
			 determining whether the permit shall be issued, whether the conditions imposed
			 in a permit are reasonable, whether a change in circumstances warrants a change
			 in conditions imposed in a valid permit, or whether the Director's decision on
			 a petition for exemption should not be changed. (3-18-22)
03.
Hearings on Permit
			 Cancellations
. When the Director has reason to believe the operation of
			 an injection well for which a permit has been issued is interfering with the
			 right of the public to withdraw water for beneficial uses, or is causing
			 unreasonable contamination of a drinking or other ground water source as
			 provided for in Title 42, Chapter 39, Idaho Code, the permit may be canceled by
			 the Director. Prior to the cancellation of such permit there shall be a hearing
			 before the IWRB for the purpose of determining whether or not the permit should
			 be canceled. At such hearing, the Director shall be the complaining party. At
			 least thirty (30) days prior to the hearing, a notice, which shall be in
			 accordance with Chapter 52, Title 67, Idaho Code, shall be sent by certified
			 mail to the owner or operator whose permit is proposed to be canceled. The
			 Board shall affirm, modify, or reject the Director's decision and make its
			 decision in the form of an order to the Director. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.03 - RULES AND MINIMUM STANDARDS FOR THE CONSTRUCTION AND USE OF INJECTION WELLS › Section 37.03.03.035 - CLASSIFICATION OF INJECTION WELLS

Current through August 31, 2023
01.
Classification of Injection Wells
. For the purposes of these rules,
			 injection wells are classified as follows: (3-18-22)
a. Class I: (3-18-22)
i. Wells used by generators of hazardous
			 waste or owners or operators of hazardous waste management facilities to inject
			 hazardous waste beneath the lowermost formation containing, within one-quarter
			 (1/ 4) mile of the well bore, an underground source of drinking water.
			 (3-18-22)
ii. Other industrial and
			 municipal disposal wells which inject fluids beneath the lowermost formation
			 containing, within one-quarter (1/4) mile of the well bore, an underground
			 source of drinking water. (3-18-22)
iii. Radioactive waste disposal wells which
			 inject fluids below the lowermost formation containing an underground source of
			 drinking water within one-quarter (1/4) mile of the well bore.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.03 - RULES AND MINIMUM STANDARDS FOR THE CONSTRUCTION AND USE OF INJECTION WELLS › Section 37.03.03.070 - CLASS V: CRITERIA AND STANDARDS

Current through August 31, 2023
01.
Class V
			 Shallow Injection Well Requirements
. (3-18-22)
a. Authorization. As a condition of
			 authorization, all owners or operators of shallow Class V injection wells,
			 including improved sinkholes used for aquifer recharge, that dispose of
			 nonhazardous and nonradioactive wastes are required to submit a Shallow
			 Injection Well Inventory Form to the Department no later than thirty (30) days
			 prior to commencement of construction for each new well or no later than thirty
			 (30) days after the discovery of an existing injection well that has not
			 previously been inventoried with the Department. Forms are available from any
			 Department office or at the Department website at
http://www.idwr.idaho.gov
. State
			 or local government entities shall submit the following inventory information
			 for wells associated with highway and street construction and maintenance
			 projects. (3-18-22)
i. Facility name and
			 location; and (3-18-22)
ii. County
			 in which the injection well(s) is (are) located; and (3-18-22)
iii. Ownership of the well(s); and
			 (3-18-22)
iv. Name, address and
			 phone number of legal contact; and (3-18-22)
v. Type or function of the well(s); and
			 (3-18-22)
vi. Number of wells of
			 each type; and (3-18-22)
vii.
			 Operational status of the well(s). (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.04 - DRILLING FOR GEOTHERMAL RESOURCES RULES › Section 37.03.04.001 - TITLE AND SCOPE

Current through August 31, 2023
These rules establish the framework for the drilling,
				operation, maintenance, and abandonment of all geothermal wells in the state.
				(3-30-23)