reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.10 - WELL DRILLER LICENSING RULES › Section 37.03.10.035 - EXPIRATION AND RENEWAL OF DRILLER LICENSES AND OPERATOR PERMITS

Current through August 31, 2023
01.
Expiration of Licenses and
			 Permits
. All driller licenses and operator permits expire at the end of
			 the licensing period for which they are issued. The licensing period begins
			 April 1 and ends March 31 of the second year following issuance.
			 (3-30-23)
02.
Renewal
			 Application
. A license or operator permit may be renewed by submitting a
			 renewal application including the following: (3-30-23)
a. A completed application on a form provided
			 by the Department. An application for renewal shall be signed by the principal
			 driller. (3-30-23)
b. The renewal
			 fee required by Section
			 42-238, Idaho Code.
			 (3-30-23)
c. A new bond or
			 continuation certificate for an existing bond covering all drillers and
			 operators employed by the company. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.10 - WELL DRILLER LICENSING RULES › Section 37.03.10.060 - BONDING

Current through August 31, 2023
01.
Bonding Requirements
. Each
			 licensed company shall submit a surety bond or cash bond in an amount
			 determined by the director, within the limits of 42-238, Idaho Code, covering
			 all drillers and operators employed by the company, payable to the director for
			 the licensing period. If the licensed driller drills wells as an individual and
			 not for a company, a separate bond must be filed with the director. (3-30-23)
a. The amount of the bond will be determined
			 by the director based on the applicant's compliance history, the size and depth
			 of wells the applicant proposes to construct and is authorized to drill, the
			 complexity of the wells, the resource to be recovered, the area of operation of
			 the applicant, the number of drillers and operators employed by a company, and
			 other relevant factors. (3-30-23)
b. The amount of the bond required prior to
			 drilling in an area of drilling concern, and/or drilling monitoring wells,
			 public water supply wells, or wells with a bottom hole temperature meeting the
			 definition of a low temperature geothermal resource as defined by Section
			 42-233, Idaho Code, shall be the
			 maximum amount allowed by Section
			 42-238, Idaho Code.
			 (3-30-23)
c. All bonds and
			 continuation certificates shall commence on April 1 or date of licensure for a
			 new company and be valid until March 31 of the year the driller or company
			 license expires. Bonds and continuation certificates must be on a form approved
			 or provided by the Department. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.10 - WELL DRILLER LICENSING RULES › Section 37.03.10.070 - CONTINUING EDUCATION

Current through August 31, 2023
01.
Requirements
. Every licensed driller or operator must earn the
			 applicable number of credit hours consistent with these rules. The credit hours
			 must be obtained during the licensing period preceding the renewal application.
			 (3-30-23)
02.
Earning Credit
			 Hours
. Credit hours may be earned for time spent in attendance at
			 workshops, seminars, short courses, and other educational opportunities devoted
			 to well drilling or related subjects acceptable to the Director or approved by
			 the continuing education committee (CEC) in compliance with the CEC guidelines.
			 These may include completion of college courses, correspondence courses, or
			 online courses. (3-30-23)
03.
Documentation
. Documentation in support of credit hours is the
			 responsibility of each licensed driller and operator. Records required include
			 but are not limited to: (3-30-23)
a. A log
			 showing the type of course or activity, sponsoring organization, duration,
			 instructor's name, and credit hours. (3-30-23)
b. Attendance verification records in the
			 form of completion certificates or other official documents providing evidence
			 of attendance and completion. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.10 - WELL DRILLER LICENSING RULES › Section 37.03.10.090 - ENFORCEMENT

Current through August 31, 2023
01.
Violations
. Violations of
			 these rules or Sections
			 42-235 or
			 42-238, Idaho Code, will be
			 enforced as provided in Sections
			 42-238 and
			 42-1701B, Idaho Code.
			 (3-30-23)
02.
Enforcement
			 Procedures
. Department procedures and guidance for administrative
			 enforcement are published on the Department's website and available upon
			 request. (3-30-23)
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 37.03.11.000 - LEGAL AUTHORITY

Current through August 31, 2023
These rules are promulgated pursuant to Chapter 52, Title 67,
				Idaho Code, the Idaho Administrative Procedure Act, and Section
				42-603, Idaho Code, which provides
				that the Director of the Department of Water Resources is authorized to adopt
				rules and regulations for the distribution of water from the streams, rivers,
				lakes, ground water and other natural water sources as necessary to carry out
				the laws in accordance with the priorities of the rights of the users thereof.
				These rules are also issued pursuant to Section
				42-1805(8), Idaho
				Code, which provides the Director with authority to promulgate rules
				implementing or effectuating the powers and duties of the department.
				(3-31-22)
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 37.03.11.001 - SCOPE

Current through August 31, 2023
The rules prescribe procedures for responding to a delivery
				call made by the holder of a senior-priority surface or ground water right
				against the holder of a junior-priority ground water right in an area having a
				common ground water supply. It is intended that these rules be incorporated
				into general rules governing water distribution in Idaho when such rules are
				adopted subsequently. (3-31-22)
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 37.03.11.002 - OTHER AUTHORITIES REMAIN APPLICABLE

Current through August 31, 2023
Nothing in these rules limits the Director's authority to take
				alternative or additional actions relating to the management of water resources
				as provided by Idaho law. (3-31-22)
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 37.03.11.030 - RESPONSES TO CALLS FOR WATER DELIVERY IN AN UNORGANIZED WATER DISTRICT OR WITH NO GROUND WATER REGULATION

Current through August 31, 2023
Responses to calls for water delivery made by the holders of
				senior-priority surface or ground water rights against the holders of
				junior-priority ground water rights within areas of the state not in organized
				water districts or within water districts where ground water regulation has not
				been included in the functions of such districts or within areas that have not
				been designated ground water management areas shall be as follows:
				(3-31-22)
01.
Delivery Call
			 (Petition)
. When a delivery call is made by the holder of a surface or
			 ground water right (petitioner) alleging that by reason of diversion of water
			 by the holders of one (1) or more junior-priority ground water rights
			 (respondents) the petitioner is suffering material injury, the petitioner shall
			 file with the Director a petition in writing containing, at least, the
			 following in addition to the information required by IDAPA 37.01.01, "Rules of
			 Procedure of the Department of Water Resources," Rule
			 230: (3-31-22)
a. A description of the water rights of the
			 petitioner including a listing of the decree, license, permit, claim or other
			 documentation of such right, the water diversion and delivery system being used
			 by petitioner and the beneficial use being made of the water.
			 (3-31-22)
b. The names, addresses
			 and description of the water rights of the ground water users (respondents) who
			 are alleged to be causing material injury to the rights of the petitioner in so
			 far as such information is known by the petitioner or can be reasonably
			 determined by a search of public records. (3-31-22)
c. All information, measurements, data or
			 study results available to the petitioner to support the claim of material
			 injury. (3-31-22)
d. A description
			 of the area having a common ground water supply within which petitioner desires
			 junior-priority ground water diversion and use to be regulated.
			 (3-31-22)
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 37.03.11.031 - DETERMINING AREAS HAVING A COMMON GROUND WATER SUPPLY

Current through August 31, 2023
01.
Director to Consider
			 Information
. The Director will consider all available data and
			 information that describes the relationship between ground water and surface
			 water in making a finding of an area of common ground water supply.
			 (3-31-22)
02.
Kinds of
			 Information
. The information considered may include, but is not limited
			 to, any or all of the following: (3-31-22)
a.
			 Water level measurements, studies, reports, computer simulations, pumping
			 tests, hydrographs of stream flow and ground water levels and other such data;
			 and (3-31-22)
b. The testimony and
			 opinion of expert witnesses at a hearing on a petition for expansion of a water
			 district or organization of a new water district or designation of a ground
			 water management area. (3-31-22)
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 37.03.11.040 - RESPONSES TO CALLS FOR WATER DELIVERY IN AN ORGANIZED WATER DISTRICT

Current through August 31, 2023
Responses to calls for water delivery made by the holders of
				senior-priority surface or ground water rights against the holders of
				junior-priority ground water rights from areas having a common ground water
				supply in an organized water district shall be as follows: (3-31-22)
01.
Responding to a Delivery
			 Call
. When a delivery call is made by the holder of a senior-priority
			 water right (petitioner) alleging that by reason of diversion of water by the
			 holders of one (1) or more junior-priority ground water rights (respondents)
			 from an area having a common ground water supply in an organized water district
			 the petitioner is suffering material injury, and upon a finding by the Director
			 as provided in Rule 42 that
			 material injury is occurring, the Director, through the watermaster, shall:
			 (3-31-22)
a. Regulate the diversion and use of
			 water in accordance with the priorities of rights of the various surface or
			 ground water users whose rights are included within the district, provided,
			 that regulation of junior-priority ground water diversion and use where the
			 material injury is delayed or long range may, by order of the Director, be
			 phased-in over not more than a five-year (5) period to lessen the economic
			 impact of immediate and complete curtailment; or (3-31-22)
b. Allow out-of-priority diversion of water
			 by junior-priority ground water users pursuant to a mitigation plan that has
			 been approved by the Director. (3-31-22)
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 37.03.11.041 - ADMINISTRATION OF DIVERSION AND USE OF WATER WITHIN A GROUND WATER MANAGEMENT AREA

Current through August 31, 2023
01.
Responding to a Delivery Call
. When a delivery call is made by the
			 holder of a senior-priority ground water right against holders of
			 junior-priority ground water rights in a designated ground water management
			 area alleging that the ground water supply is insufficient to meet the demands
			 of water rights within all or portions of the ground water management area and
			 requesting the Director to order water right holders, on a time priority basis,
			 to cease or reduce withdrawal of water, the Director shall proceed as follows:
			 (3-31-22)
a. The petitioner shall be required
			 to submit all information available to petitioner on which the claim is based
			 that the water supply is insufficient. (3-31-22)
b. The Director will conduct a fact-finding
			 hearing on the petition at which the petitioner and respondents may present
			 evidence on the water supply, and the diversion and use of water from the
			 ground water management area. (3-31-22)
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 37.03.11.042 - DETERMINING MATERIAL INJURY AND REASONABLENESS OF WATER DIVERSIONS

Current through August 31, 2023
01.
Factors
. Factors the
			 Director may consider in determining whether the holders of water rights are
			 suffering material injury and using water efficiently and without waste
			 include, but are not limited to, the following: (3-31-22)
a. The amount of water available in the
			 source from which the water right is diverted. (3-31-22)
b. The effort or expense of the holder of the
			 water right to divert water from the source. (3-31-22)
c. Whether the exercise of junior-priority
			 ground water rights individually or collectively affects the quantity and
			 timing of when water is available to, and the cost of exercising, a
			 senior-priority surface or ground water right. This may include the seasonal as
			 well as the multi-year and cumulative impacts of all ground water withdrawals
			 from the area having a common ground water supply. (3-31-22)
d. If for irrigation, the rate of diversion
			 compared to the acreage of land served, the annual volume of water diverted,
			 the system diversion and conveyance efficiency, and the method of irrigation
			 water application. (3-31-22)
e. The
			 amount of water being diverted and used compared to the water rights.
			 (3-31-22)
f. The existence of water
			 measuring and recording devices. (3-31-22)
g. The extent to which the requirements of
			 the holder of a senior-priority water right could be met with the user's
			 existing facilities and water supplies by employing reasonable diversion and
			 conveyance efficiency and conservation practices; provided, however, the holder
			 of a surface water storage right shall be entitled to maintain a reasonable
			 amount of carry-over storage to assure water supplies for future dry years. In
			 determining a reasonable amount of carry-over storage water, the Director shall
			 consider the average annual rate of fill of storage reservoirs and the average
			 annual carry-over for prior comparable water conditions and the projected water
			 supply for the system. (3-31-22)
h.
			 The extent to which the requirements of the senior-priority surface water right
			 could be met using alternate reasonable means of diversion or alternate points
			 of diversion, including the construction of wells or the use of existing wells
			 to divert and use water from the area having a common ground water supply under
			 the petitioner's surface water right priority. (3-31-22)
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 37.03.11.043 - MITIGATION PLANS

Current through August 31, 2023
01.
Submission of Mitigation Plans
. A proposed mitigation plan shall
			 be submitted to the Director in writing and contain the following information:
			 (3-31-22)
a. The name and mailing address of
			 the person or persons submitting the plan. (3-31-22)
b. Identification of the water rights for
			 which benefit the mitigation plan is proposed. (3-31-22)
c. A description of the plan setting forth
			 the water supplies proposed to be used for mitigation and any circumstances or
			 limitations on the availability of such supplies. (3-31-22)
d. Such information as will allow the
			 Director to evaluate the factors set forth in Rule Subsection
			 043.03.
			 (3-31-22)
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 37.03.11.050 - AREAS DETERMINED TO HAVE A COMMON GROUND WATER SUPPLY

Current through August 31, 2023
01.
Eastern Snake Plain Aquifer
.
			 The area of coverage of this rule is the aquifer underlying the Eastern Snake
			 River Plain as the aquifer is defined in the report, Hydrology and Digital
			 Simulation of the Regional Aquifer System, Eastern Snake River Plain, Idaho,
			 USGS Professional Paper 1408-F, 1992 excluding areas south of the Snake River
			 and west of the line separating Sections
			 34 and
			 35, Township 10 South, Range 20
			 East, Boise Meridian. (3-31-22)
a. The
			 Eastern Snake Plain Aquifer supplies water to and receives water from the Snake
			 River. (3-31-22)
b. The Eastern
			 Snake Plain Aquifer is found to be an area having a common ground water supply.
			 (3-31-22)
c. The reasonably
			 anticipated average rate of future natural recharge of the Eastern Snake Plain
			 Aquifer will be estimated in any order issued pursuant to Rule
			 30. (3-31-22)
d. The Eastern Snake Plain Aquifer area of
			 common ground water supply will be created as a new water district or
			 incorporated into an existing or expanded water district as provided in Section
			 42-604, Idaho Code, when the
			 rights to the diversion and use of water from the aquifer have been
			 adjudicated, or will be designated a ground water management area.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.12 - IDAHO DEPARTMENT OF WATER RESOURCES WATER DISTRIBUTION RULES - WATER DISTRICT 34 › Section 37.03.12.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Department of Water Resources (IDWR) is authorized
				under Section
				42-603, Idaho Code, to adopt rules
				for the distribution of water from the streams, rivers, lakes, ground water and
				other natural water sources. (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.12 - IDAHO DEPARTMENT OF WATER RESOURCES WATER DISTRIBUTION RULES - WATER DISTRICT 34 › Section 37.03.12.001 - SCOPE

Current through August 31, 2023
This rule governs the distribution of surface and ground water
				within Water District 34, the Big Lost River Basin, by the duly appointed
				watermaster pursuant to the provisions of Chapter 6, Title 42, Idaho Code, and
				applicable court decrees. This chapter does not limit the authority of the
				Director of the Idaho Department of Water Resources in exercising the duties
				and responsibilities in other provisions of Idaho law. (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.12 - IDAHO DEPARTMENT OF WATER RESOURCES WATER DISTRIBUTION RULES - WATER DISTRICT 34 › Section 37.03.12.025 - RIVER REACHES

Current through August 31, 2023
01.
Divisions of the Big Lost River
. For the purposes of quantifying river
			 gains, losses, and calculating and accounting for natural flow, the Big Lost
			 River is divided into the reaches identified below. Reference to a specific
			 river reach will be by the name of the downstream station or terminus point.
			 (3-31-22)
a. Above Howell Gage.
			 (3-31-22)
b. Howell Gage to Chilly
			 Bridge located in the NW1/4NE1/4NW1/4, Section
			 5, Township 8 North, Range 22 East,
			 B.M. (3-31-22)
c. Chilly Bridge to
			 the 2-B Gage. (3-31-22)
d. 2-B Gage
			 to Leslie Gage located in the NW1/4SW1/4SE1/4, Section
			 10, Township 6 North, Range 25 East,
			 B.M. (3-31-22)
e. Leslie Gage to
			 Moore diversion located in the NW1/4SE1/4SE1/4, Section
			 4, Township 5 North, Range 26 East,
			 B.M. (3-31-22)
f. Moore diversion
			 to Arco diversion located in the NW1/4NW1/4NW1/4, Section
			 26, Township 4 North, Range 26 East,
			 B.M. (3-31-22)
g. Below Arco
			 diversion to the Arco Gage. (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.12 - IDAHO DEPARTMENT OF WATER RESOURCES WATER DISTRIBUTION RULES - WATER DISTRICT 34 › Section 37.03.12.030 - NATURAL FLOWS

Current through August 31, 2023
Natural flow shall be delivered through the natural river
				channel to the point of diversion of record except as provided in these rules.
				(3-31-22)
01.
Eastside
			 Canal
. The watermaster, with the approval of the director and after
			 consultation with the Big Lost River Irrigation District, may elect to deliver
			 the natural flow of the river through the Eastside Canal when the following
			 conditions are met: (3-31-22)
a. The full flow
			 of the river, including impounded water, to be delivered downstream of the
			 Moore diversion is not greater than the capacity of the Eastside Canal.
			 (3-31-22)
b. More natural flow
			 water can be delivered to calls for natural flow than could be delivered by
			 using the natural river channel. (3-31-22)
c. No water right is injured.
			 (3-31-22)
d. Measuring devices of a
			 type acceptable to the director are installed and maintained where the flow
			 leaves the river channel and where it returns to the river channel.
			 (3-31-22)
e. When used for the
			 delivery of natural flow to the Arco diversion, the Eastside Canal is
			 considered to be the river channel for water delivery accounting purposes and
			 the watermaster shall protect the natural flow for delivery to prior water
			 rights. Water rights diverting water from the river channel downstream from the
			 point the Eastside Canal returns to the river channel shall be measured at
			 their point of diversion from the river downstream from the Eastside Canal
			 return. (3-31-22)
f. Conveyance
			 losses in the Eastside Canal, when considered to be the river channel, shall be
			 proportioned between the river flow, the diversions from the Eastside and pumps
			 that inject ground water into the Eastside Canal. The proportioning will be
			 based upon the ratio of total Eastside diversions and injected ground water to
			 the total inflow to the canal. (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.12 - IDAHO DEPARTMENT OF WATER RESOURCES WATER DISTRIBUTION RULES - WATER DISTRICT 34 › Section 37.03.12.035 - MEASURING DEVICES AND CONTROL WORKS

Current through August 31, 2023
01.
Installation and Maintenance of Measuring Devices and Control
			 Works
. In addition to measuring devices or control works specifically
			 described in the listing of the water right, each water user, except small
			 domestic and stock water users from ground water, shall, at the water user's
			 expense, install and maintain measuring devices and control works of a type
			 acceptable to the director, at all points of diversion and any other points, as
			 determined necessary by the director for the proper administration of the use
			 of water. The director may prohibit or prevent the diversion of water by a
			 water user who refuses or fails to comply with this rule in accordance with the
			 provisions of Chapter 7, Title 42, Idaho Code. (3-31-22)
02.
Access to Diversion Works
.
			 Water users shall provide the water district staff continual access to all
			 diversion works, measuring devices and control structures, except ground water
			 diversions for small domestic and stock water uses. (3-31-22)
03.
Diversions Which May Be
			 Exempt
. Diversions below the Chilly Bridge and above the Mackay
			 Reservoir that divert water from the Big Lost River, whose place of use is
			 within the flood plain of the Big Lost River as determined by the director, may
			 be exempt from the requirement for measuring devices and control works with the
			 approval of the director. Flow rates through exempt diversions will be
			 estimated by the watermaster for accounting purposes by assuming the recorded
			 flow rate of the water right is being diverted. (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.12 - IDAHO DEPARTMENT OF WATER RESOURCES WATER DISTRIBUTION RULES - WATER DISTRICT 34 › Section 37.03.12.040 - ALLOCATION OF NATURAL FLOW

Current through August 31, 2023
01.
Administration of Surface Water Rights
. Water not diverted or rotated
			 for credit is available for the next in time water right. Natural flow rights
			 are delivered to the point of diversion with no conveyance loss assessment. A
			 natural flow water right delivered through a lateral or canal of a water
			 conveyance entity shall be assessed the conveyance loss for the canal through
			 which the water right is delivered. (3-31-22)
a. All water deliveries must be called for by
			 the water user at least forty-eight (48) hours in advance of the actual water
			 delivery. Water which can be delivered by the watermaster in less than
			 forty-eight (48) hours may be used by the water user. (3-31-22)
b. The water user must notify the watermaster
			 of the water users intent to use water as required by Rule Subsection
			 040.05.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.12 - IDAHO DEPARTMENT OF WATER RESOURCES WATER DISTRIBUTION RULES - WATER DISTRICT 34 › Section 37.03.12.055 - WATER USAGE

Current through August 31, 2023
01.
Incidental Stock Water
. When stock water is not specifically
			 included for a water right that includes irrigation, a portion of the quantity
			 described for irrigation use may be diverted and used, from the same point of
			 diversion and at the same place of use as the irrigation use, for purposes of
			 maintaining a reasonable water supply for stock watering use during the period
			 of use for irrigation described in the water right. (3-31-22)
02.
Winter (Non-Irrigation Season)
			 Stock Water
. During the non-irrigation season, from October 16 through
			 April 30 except as modified by Rule
			 040.04, the storage of water in
			 Mackay Reservoir is superior to all rights from the Big Lost River with points
			 of diversion downstream from Mackay Dam, subject to minimum release. (3-31-22)
a. Winter stock water can be called for and
			 delivered pursuant to the list of water rights if it does not interfere with
			 storage in Mackay Reservoir. (3-31-22)
b. A right holder calling for delivery of
			 stock water must have access to a diversion point and delivery system to convey
			 the right to the place of use recorded in the list of water rights. If the
			 headgate and delivery system are controlled by an entity other than the water
			 user, the watermaster will only deliver the water with the concurrence of the
			 owner of the headgate and delivery system and then only when such delivery does
			 not constitute unreasonable waste as determined by the director.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.12 - IDAHO DEPARTMENT OF WATER RESOURCES WATER DISTRIBUTION RULES - WATER DISTRICT 34 › Section 37.03.12.060 - ACCOUNTING FOR WATER DELIVERY

Current through August 31, 2023
Water diversions shall be accounted for continuously,
				throughout the year by the watermaster. (3-31-22)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.04 - RULES GOVERNING CAPITOL MALL PARKING › Section 38.04.04.000 - LEGAL AUTHORITY

Current through August 31, 2023
The following rules are promulgated pursuant to the authority
				of Section
				67-5708, Idaho Code, and Senate
				Concurrent Resolution No. 135 (1976). (3-25-22)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.04 - RULES GOVERNING CAPITOL MALL PARKING › Section 38.04.04.010 - DEFINITIONS

Current through August 31, 2023
01.
Capitol Mall
. The Capitol
			 Mall consists of the following buildings: State Capitol (700 W. Jefferson
			 Street), Joe R. Williams (700 W. State Street), Len B. Jordan (650 W. State
			 Street), State parking garage #1 (550 W. State Street), Pete T Cenarrusa (450
			 W. State Street), Division of Public Works (502 N.
			 4th Street), Alexander House (304 W. State Street),
			 State Library (325 W. State Street), 954 Jefferson (954 W. Jefferson Street),
			 Capitol Annex (514 W. Jefferson Street), Blind Commission (341 W. Washington
			 Street), Borah Building (304 N. 8th Street), State
			 Parking Garage #2 (608 W. Washington Street); and Idaho Supreme Court (451 W.
			 State Street). (3-25-22)
02.
Capitol Mall Employee
. A state employee whose assigned work area
			 is in the Capitol Mall, and who receives a state of Idaho-issued paycheck from
			 a tenant of the Capitol Mall. (3-25-22)
03.
Carpool
. A vehicle carrying
			 two (2) or more Capitol Mall employees who work at the Capitol Mall at least
			 four (4) work days per week. (3-25-22)
04.
Employee with a Disability
.
			 An employee with a disability as defined in Section
			 49-117(7)(b),
			 Idaho Code. (3-25-22)
05.
Executive Branch Departments
. Pursuant to Section
			 67-2402, Idaho Code, excluding the
			 Department of Self-Governing Agencies. (3-25-22)
06.
Facilities Services
. Bureau
			 of Facilities Services, Division of Public Works, Department of Administration.
			 (3-25-22)
07.
General
			 Parking
. A parking space used for all Capitol Mall employees registered
			 for general parking. (3-25-22)
08.
Legislative Personnel
. An employee hired by the Legislative branch
			 that receives a state of Idaho-issued paycheck during the Legislative session
			 or is a year round employee of the Legislative branch. (3-25-22)
09.
Legislator
. A member of the
			 Idaho Senate or the Idaho House of Representatives for the state of Idaho.
			 (3-25-22)
10.
Reserved
			 Parking
. A parking space assigned to a specific person, vehicle or
			 agency. (3-25-22)
11.
State
			 Elected Officials
. The governor, lieutenant governor, secretary of
			 state, attorney general, state controller, state treasurer and superintendent
			 of public instruction, for the state of Idaho. (3-25-22)
12.
Temporary Contract Employee
.
			 An employee of a temporary employment service company who is working
			 temporarily for a tenant of the Capitol Mall, and who does not receive a pay
			 check issued by the state of Idaho. (3-25-22)
13.
Visitor
. Any person visiting
			 the Capitol Mall to carry out state business or attend a state-sponsored event.
			 (3-25-22)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.04 - RULES GOVERNING CAPITOL MALL PARKING › Section 38.04.04.020 - PARKING LOT LOCATIONS

Current through August 31, 2023
All Capitol Mall parking lots will be identified by signage.
				Capitol Mall Parking manages the state-owned parking lots at the following
				locations: 550 W. State Street Parking Garage, State Parking Garage #1; 608 W.
				Washington Street, State Parking Garage #2; 10th and
				Jefferson Streets, 8th Street between State and
				Jefferson Streets, and 3 
				rd and Washington Streets. Capitol Mall
				Parking also manages parking spaces in and around the following Capitol Mall
				buildings: Capitol Annex, Len B. Jordan, Pete T. Cenarrusa, Division of Public
				Works, Borah Building and Idaho State Library. (3-25-22)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.04 - RULES GOVERNING CAPITOL MALL PARKING › Section 38.04.04.021 - TYPES OF AVAILABLE PARKING

Current through August 31, 2023
Designated parking spaces are available for reserved parking,
				state elected officials and directors of executive branch departments,
				Legislators, carpool, disabled employees and state agency vehicles. All other
				parking spaces, unless designated as public or visitor parking, are considered
				general parking. (3-25-22)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.04 - RULES GOVERNING CAPITOL MALL PARKING › Section 38.04.04.022 - PARKING SPACE ALLOCATION

Current through August 31, 2023
01.
Reserved
			 Parking Spaces
. (3-25-22)
a. Reserved
			 parking spaces are available for state elected officials and directors of
			 executive branch departments as defined in Subsections
			 010.05 and
			 010.11 of these rules. Capitol
			 Mall Parking will assign a reserved space to each state elected official and
			 director of executive branch departments upon request. (3-25-22)
b. Reserved parking spaces will be made
			 available to the Senate pro-tem, and the speaker of the House of
			 Representatives. Capitol Mall Parking will assign a reserved space to each
			 individual. (3-25-22)
c. All other
			 Capitol Mall employees may apply for a reserved parking space. General reserved
			 parking spaces are assigned to Capitol Mall employees on a first-come,
			 first-served basis when designated reserved parking spaces become available.
			 (3-25-22)
d. Reserved parking
			 spaces for state elected officials, directors of executive branch departments
			 and Capitol Mall employees are located in the following parking lots only: the
			 first floor of State Parking Garage #1; the first and second floors of State
			 Parking Garage #2, the Pete T. Cenarrusa Building parking lot, and the
			 8th Street parking lot between State and Jefferson
			 Streets. (3-25-22)
e. Capitol Mall
			 Parking will determine the location of all reserved parking spaces.
			 (3-25-22)
f. Reserved parking
			 spaces for state elected officials, directors of executive branch departments
			 and Capitol Mall employees will not exceed twenty-five percent (25%) of parking
			 spaces available within the Capitol Mall. (3-25-22)
g. Capitol Mall employees may not sell, trade
			 or barter the right to use their assigned reserved parking space. Capitol Mall
			 Parking retains the right to assign, reassign, suspend or revoke Capitol Mall
			 employees' reserved parking spaces at any time. (3-25-22)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.04 - RULES GOVERNING CAPITOL MALL PARKING › Section 38.04.04.030 - PARKING PERMITS

Current through August 31, 2023
Capitol Mall Parking will issue applicable parking permits to
				all eligible persons who apply for a permit. (3-25-22)
01.
Parking Permits for Reserved,
			 Legislator, Disabled Employee, Carpool, State-Owned Vehicles and General
			 Parking
. (3-25-22)
a. Capitol Mall
			 Parking will reissue parking permits once a year. Outdated parking permits must
			 be returned to Capitol Mall Parking. (3-25-22)
b. Capitol Mall Parking will issue the
			 applicable parking permit to each Capitol Mall state elected official, director
			 of an executive branch department, Legislator or employee, with the exception
			 of the carpool parking permit and the special motorcycle parking permit.
			 (3-25-22)
c. Capitol Mall Parking
			 will issue only one (1) parking permit per employee. Capitol Mall Parking will
			 not provide duplicate general parking permits. State elected officials,
			 directors of executive branch departments, and Capitol Mall employees with
			 reserved parking spaces may request a duplicate reserved parking permit for a
			 onetime fee equal to the general permit monthly fee. (3-25-22)
d. All individuals and department tenants are
			 responsible for displaying the parking permit in the front windshield or other
			 prominent location of the parked vehicle at all times. (3-25-22)
e. In the event that a parking permit is
			 stolen, lost or destroyed, the official, Legislator or employee must sign a
			 statement attesting that the parking permit was lost, stolen or destroyed and
			 pay a replacement fee before Capitol Mall Parking will issue a new permit. The
			 replacement fee is equal to the general permit monthly fee.
			 (3-25-22)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.04 - RULES GOVERNING CAPITOL MALL PARKING › Section 38.04.04.031 - PARKING PERMIT FEES

Current through August 31, 2023
Pursuant to Sections
				67-5701 and
				67-5708, Idaho Code, parking
				permit fees will be established by the Department of Administration and
				administered by Capitol Mall Parking. (3-25-22)
01.
Elected Officials Parking
			 Permits
. The governor, lieutenant governor, secretary of state, attorney
			 general, state controller, state treasurer, superintendent of public
			 instruction, Senate pro-tem, and the speaker of the House of Representatives
			 will be provided a reserved parking space at no charge. Additionally, upon
			 request, Capitol Mall Parking will provide the governor four (4) additional
			 reserved parking spaces. The fee for each additional reserved parking space
			 provided to the governor will be the reserved parking permit monthly fee.
			 (3-25-22)
02.
Directors of
			 Executive Branch Departments
. Directors of executive branch departments
			 will be provided a reserved parking space at a cost not to exceed forty dollars
			 ($40) per month. Executive branch departments will be charged for the reserved
			 parking spaces annually by Capitol Mall Parking. (3-25-22)
03.
Reserved Parking Permits
.
			 The fee for a reserved parking space permit will not exceed forty dollars ($40)
			 per month. (3-25-22)
04.
General Parking Permits
. The fee for a general parking space
			 permit will not exceed ten dollars ($10) per month. (3-25-22)
05.
Payment for Parking Permits
.
			 Capitol Mall employees will be charged the respective permit fee in the first
			 paycheck of each month through a payroll deduction or as determined by the
			 State Controller. (3-25-22)
06.
Legislators
. Legislators and Legislative personnel must pay the
			 associated space fee every month that the Legislature is in session for the
			 eligible parking space permit. (3-25-22)
07.
State-Owned Vehicles
.
			 State-owned vehicles belonging to the tenant departments will receive state
			 vehicle parking permits for a monthly fee not to exceed fifteen dollars ($15).
			 (3-25-22)
08.
Replacement
			 Permits
. If a parking permit is lost, stolen or destroyed, the official,
			 Legislator, or Capitol Mall employee will be charged a fee equal to the general
			 permit monthly fee for a new permit. A statement attesting that the parking
			 permit was lost, stolen or destroyed must be signed before Capitol Mall Parking
			 will issue a new permit. (3-25-22)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.04 - RULES GOVERNING CAPITOL MALL PARKING › Section 38.04.04.040 - PARKING LOT VIOLATIONS

Current through August 31, 2023
01.
Driving
			 Violations
. Any driving violation in a Capitol Mall parking lot or
			 garage may result in the suspension or loss of parking privileges. (3-25-22)
a. It is a violation of these rules to drive
			 or operate a personal vehicle negligently or recklessly in any Capitol Mall
			 parking lot or garage. It is a violation of these rules to drive or operate a
			 vehicle under the influence of illegal substances or alcohol in any Capitol
			 Mall parking lot or garage. (3-25-22)
b. It is a violation for any individual to
			 drive above the posted speed limits or drive against posted directional arrows.
			 (3-25-22)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.04 - RULES GOVERNING CAPITOL MALL PARKING › Section 38.04.04.041 - ENFORCEMENT

Current through August 31, 2023
01.
Security and Patrol
. Capitol
			 Mall parking lots and State Parking Garages #1 and #2 are secured and patrolled
			 by Capitol Mall Parking, or its authorized representative. (3-25-22)
02.
Notice of Violation
. Upon
			 witnessing or finding a violation of these rules, Capitol Mall Parking, or its
			 authorized representative, will leave notice with the occupant of the vehicle
			 or on the vehicle parked in violation of these rules. (3-25-22)
a. Notice may be in the form of a warning or
			 a ticket. The warning or ticket will indicate the date and hour of the
			 violation, the nature of the violation, and the name of the Capitol Mall
			 Parking employee or its authorized representative. A warning or ticket may be
			 issued only for those violations that do not cause the loss of a parking space
			 and do not cause a safety hazard. (3-25-22)
b. A ticket may be issued by Capitol Mall
			 Parking, or its authorized representative, for a fine of at least two dollars
			 ($2), but not more than twenty-five dollars ($25). (3-25-22)
c. If an individual is determined to have
			 altered, counterfeited or otherwise misused a parking permit, a ticket may be
			 issued by Capitol Mall Parking, or its authorized representative, for a fine
			 not to exceed fifty dollars ($50). (3-25-22)
d. All tickets issued by Capitol Mall
			 Parking, or its authorized representative, will be forwarded to the city of
			 Boise, county of Ada, for collection or prosecution. (3-25-22)
e. Capitol Mall Parking retains the right to
			 suspend or revoke an individual's parking privileges if the warnings or tickets
			 have been issued or fines imposed for repeated violations.
			 (3-25-22)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.04 - RULES GOVERNING CAPITOL MALL PARKING › Section 38.04.04.042 - SUSPENSION OR REVOCATION OF PARKING PRIVILEGES

Current through August 31, 2023
01.
Delinquent Payment.
Capitol Mall Parking may suspend or revoke any
			 individual's parking permit if the parking permit fee is unpaid and at least
			 thirty (30) days delinquent. Upon payment in full, Capitol Mall Parking will
			 restore the individual's parking permit. (3-25-22)
02.
Parking Privileges
			 Suspension.
(3-25-22)
a. Capitol Mall
			 Parking may suspend an individual's parking permit and privileges for up to six
			 (6) months for a violation of these rules. (3-25-22)
b. Any Capitol Mall Parking permit holder,
			 including a temporary parking permit holder, who has been cited for three (3)
			 violations of these rules within six (6) months, may have his parking permit
			 and privileges revoked for up to twelve (12) months.
			 (3-25-22)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.04 - RULES GOVERNING CAPITOL MALL PARKING › Section 38.04.04.043 - SURRENDER OF PARKING PERMIT

Current through August 31, 2023
01.
Surrender of Permit
. When an official, Legislator or Capitol Mall
			 employee no longer works in the Capitol Mall or no longer needs to utilize
			 Capitol Mall parking, the individual must submit a request to Capitol Mall
			 Parking to cease automatic payroll deduction or billing for Capitol Mall
			 parking. The individual must surrender the parking permit to Capitol Mall
			 Parking within ten (10) days of the effective date of termination.
			 (3-25-22)
02.
Cancellation of
			 Automatic Payroll Deduction
. (3-25-22)
a. Capitol Mall Parking will notify the
			 individual's agency's payroll clerk to cease the monthly parking fee deduction.
			 Capitol Mall Parking will not refund a monthly parking fee after a monthly
			 payroll deduction has been made. (3-25-22)
b. Agency payroll clerks must receive a
			 written request from Capitol Mall Parking prior to deleting the monthly parking
			 fee from the employee's payroll deduction schedule.
			 (3-25-22)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.04 - RULES GOVERNING CAPITOL MALL PARKING › Section 38.04.04.050 - LOADING ZONE PARKING SPACES

Current through August 31, 2023
Capitol Mall Parking will designate and mark a limited number
				of parking spaces to be used for short-term collection or delivery services or
				by authorized service contractors. It is a violation to park in loading zone
				parking spaces for any unauthorized purpose. (3-25-22)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.04 - RULES GOVERNING CAPITOL MALL PARKING › Section 38.04.04.051 - WAIVER OF RULES

Current through August 31, 2023
Pursuant to Section
				67-5708, Idaho Code, the
				administrator for the Division of Public Works may waive any or all of the
				provisions of these rules if the administrator determines that application
				could result in discrimination among employees or otherwise violate law.
				(3-25-22)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.06 - RULES GOVERNING USE OF STATE PROPERTY IN THE CAPITOL MALL, MULTI-AGENCY FACILITIES, AND OTHER STATE PROPERTIES › Subchapter A - GENERAL PROVISIONS › Section 38.04.06.000 - LEGAL AUTHORITY

Current through August 31, 2023
Section
				  67-5709, Idaho Code, gives the
				  Director of the Department of Administration authority to promulgate rules
				  governing the state properties in the Capitol Mall, Multi-agency Facilities,
				  and Other State Properties. (4-6-23)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.06 - RULES GOVERNING USE OF STATE PROPERTY IN THE CAPITOL MALL, MULTI-AGENCY FACILITIES, AND OTHER STATE PROPERTIES › Subchapter A - GENERAL PROVISIONS › Section 38.04.06.001 - SCOPE

Current through August 31, 2023
These rules contain the provisions for use of the Capitol
				  Mall Office Properties, the Capitol Annex, the Parking Facilities, the Other
				  State Properties, and the Multi-agency Facilities. (4-6-23)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.06 - RULES GOVERNING USE OF STATE PROPERTY IN THE CAPITOL MALL, MULTI-AGENCY FACILITIES, AND OTHER STATE PROPERTIES › Subchapter B - APPLICATION TO OTHER STATE PROPERTIES AND MULTI-AGENCY FACILITIES › Section 38.04.06.101 - OTHER STATE PROPERTIES

Current through August 31, 2023
These rules apply to the following Other State Properties
				  pursuant to the request of the state of Idaho public entity owning or
				  controlling the property: (4-6-23)
01.
Idaho State Historical Society Properties
. (4-6-23)
a. The following properties owned or operated
				by the Idaho State Historical Society are Other Properties under these rules:
				(4-6-23)
i. Idaho State Historical Museum,
				located at 610 North Julia Davis Drive, Boise, Idaho. (4-6-23)
ii. Old U.S. Assay Office, located at 210
				Main Street, Boise, Idaho. (4-6-23)
iii. Old Penitentiary site located in Boise,
				Idaho and defined in Section
				58-337, Idaho Code.
				(4-6-23)
iv. Idaho History Center,
				located at 2205 Old Penitentiary Road, Boise, Idaho. (4-6-23)
v. Franklin Historic Properties, located in
				Franklin, Idaho. The Franklin Historic Properties include the Franklin
				Co-operative Mercantile Institution Building, the Hatch House, the Doney House,
				and the Relic Hall. (4-6-23)
vi.
				Pierce Courthouse, located in Pierce, Idaho. (4-6-23)
vii. Rock Creek Station and Stricker
				Homesite, located at 3715 Stricker Cabin Road, Hansen, Idaho.
				(4-6-23)