Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.08 - WATER APPROPRIATION RULES › Section 37.03.08.010 - DEFINITIONS

Current through August 31, 2023
Unless the context otherwise requires, the following
				definitions govern these rules: (3-18-22)
01.
Acre-Foot (AF)
. A volume of
			 water sufficient to cover one (1) acre of land one (1) foot deep and is equal
			 to forty-three thousand five hundred sixty (43,560) cubic feet.
			 (3-18-22)
02.
Advertisement
. The action taken by the Director to provide notice,
			 usually by publication of a legal notice in one (1) or more newspapers, of a
			 proposed appropriation or other notice required in administration of his duties
			 and responsibilities. (3-18-22)
03.
Applicant
. The person, corporation, association, firm,
			 governmental agency or other entity, or the holder of a permit being
			 reprocessed pursuant to Section
			 42-203D, Idaho Code, who initiates
			 an appropriation of water or related water matter for the Director's
			 consideration. (3-18-22)
04.
Application for Permit
. The written request to the department on forms
			 furnished by the department proposing to appropriate the public waters or trust
			 waters of the state. (3-18-22)
05.
Board
. The Idaho Water Resource Board. (3-18-22)
06.
Beneficial Use
. One (1) or
			 more of the recognized beneficial uses of water including but not limited to,
			 domestic, municipal, irrigation, hydropower generation, industrial, commercial,
			 recreation, stockwatering and fish propagation uses for which permits to
			 appropriate water can be issued as well as other uses which provide a benefit
			 to the user of the water as determined by the Director. Industrial use as used
			 for purposes of these rules includes, but is not limited to, manufacturing,
			 mining and processing uses of water. (3-18-22)
07.
Cubic Foot Per Second (CFS)
.
			 A rate of flow approximately equal to four hundred forty-eight and eight-tenths
			 (448.8) gallons per minute and also equals fifty (50) Idaho miner's inches.
			 (3-18-22)
08.
DCMI
. An
			 acronym for domestic, commercial, municipal and industrial. In these rules it
			 designates certain classes of these uses presumed to satisfy public interest
			 requirements. Domestic use, for purposes of this definition, is water for one
			 or more households and water used for all other purposes including irrigation
			 of a residential lot in connection with each of the households where the
			 diversion to each household does not exceed thirteen thousand (13,000) gallons
			 per day. Also for purposes of this definition, commercial, municipal and
			 industrial uses are any such uses which do not deplete the system containing
			 the trust water more than two (2) acre feet per day. (3-18-22)
09.
Department
. The Idaho
			 Department of Water Resources. (3-18-22)
10.
Director
. The Director of
			 the Idaho Department of Water Resources. (3-18-22)
11.
Legal Subdivision
. A tract
			 of land described by the government land survey and usually is described by
			 government lot or quarter-quarter, section, township and range. A lot and block
			 of a subdivision plat recorded with the county recorder may be used in addition
			 to the quarter-quarter, section, township and range description.
			 (3-18-22)
12.
Permit or Water
			 Right Permit
. The water right document issued by the Director
			 authorizing the diversion and use of unappropriated public water of the state
			 or water held in trust by the state. (3-18-22)
13.
Priority, or Priority of
			 Appropriation, or Priority Date
. The date of appropriation established
			 in the development of a water right. The priority of a water right for public
			 water or trust water is used to determine the order of water delivery from a
			 source during times of shortage. The earlier or prior date being the better
			 right. (3-18-22)
14.
Project
			 Works
. A general term which includes diversion works, conveyance works,
			 and any devices which may be used to apply the water to the intended use.
			 Improvements which have been made as a result of application of water, such as
			 land preparation for cultivation, are not a part of the project works.
			 (3-18-22)
15.
Single Family
			 Domestic Purposes
. Water for household use or livestock and water used
			 for all other purposes including irrigation of up to one half (1/2) acre of
			 land in connection with said household where total use is not in excess of
			 thirteen thousand (13,000) gallons per day. (3-18-22)
16.
Subordinated Water Right
. A
			 water right used for hydropower generation purposes that is subject to
			 depletion without compensation by upstream water rights which are initiated
			 later in time and which are for a purpose other than hydropower generation
			 purposes. (3-18-22)
17.
Trust Water
. That portion of an unsubordinated water right used for
			 hydropower generation purposes which is in excess of a minimum stream flow
			 established by state action either with agreement of the holder of the
			 hydropower right as provided by Section
			 42-203B(5), Idaho
			 Code or without an agreement as provided by Section
			 42-203B(3), Idaho
			 Code. (3-18-22)
18.
Unappropriated Water
. The public water of the state of Idaho in
			 streams, rivers, lakes, springs or groundwater in excess of that necessary to
			 satisfy prior rights including prior rights reserved by federal law.
			 (3-18-22)