Water Right Transfers Overview
What is a Transfer?
A water right transfer is a permanent or long-term change to a water right’s point of diversion, place of use, period of use, and/or nature of use.
To request a water right transfer, use the steps on the File a Transfer Application Tab on this webpage and submit the application with supporting documentation.
What is a Change of Ownership?
New owners of established water rights must notify IDWR of the change in water right ownership.
- To notify IDWR of an ownership change without applying to change other elements of the right, use the Ownership change form.
- To notify IDWR of an ownership change and apply to change another element of the water right, use the steps on the File a Transfer Application Tab on this webpage and submit the application with supporting documentation.
What is a Water Supply Bank Rental?
The Water Supply Bank enables right holders to lease their unused water rights into the Bank. Leased water rights can be rented to individuals who do not have adequate water rights to meet their needs.
A Water Supply Bank rental essentially allows a short-term change to a water right’s point of diversion, place of use, period of use, and/or nature of use.
To learn more about the Water Supply Bank and apply for a rental, visit the Water Supply Bank page.
File a Transfer Application
Step 1: Research the Water Right
- Gather the water right numbers for each water right you propose to change. If you don’t know your water right number, use the Water Right Search tool.
- Generate and print a Part 2A report for each water right you propose to change. The Part 2A report contains valuable information needed for the remainder of this process.
- Use the Document Search tool to find and review documents related to each water right you propose to change.
- Review the Irrigation Season of Use and Headgate Requirements map for your area.
Water Right Number Format
Water Right numbers can contain three components: Basin number, Sequence number, and sometimes a Suffix.
Example: 95-1234A
95= Basin
1234= Sequence
A= Suffix
Step 2: Gather the Supporting Documentation
Review this checklist for other documents you might need to complete the process.
Who owns the water right?
- Is the applicant a business, partnership, organization, or association, and not currently registered in the State of Idaho as a business entity?
- if YES Attach documentation identifying officers authorized to sign or act on behalf of right holder.
- Do IDWR records show the transfer applicant as the current water right owner?
- if NO Attach water right ownership documentation.
- Will the ownership of the water right change as a result of the proposed transfer to a new place of use?
- if YES Attach documentation showing land and water right ownership at the new place of use. Include documentation for all affected land and owner(s).
Attach notarized statement of agreement or a statement on official letterhead signed by an authorized representative from each lien holder or other entity with financial interest in the water right(s) or land affected by the proposed transfer.
Who has authority to act for the water right owner or applicant?
- Is the applicant the water right owner?
- if NO Attach documentation of authority to make the change.
Attach Power of Attorney or documentation providing authority to sign or act on the applicant’s behalf.
Where will the proposed change take place?
- Attach a map identifying the proposed point(s) of diversion, place(s) of use, and water diversion and distribution system details as described on the application. Include legal description labels. If only a portion of the right is proposed to be changed, identify the current location of the part of the existing right(s) proposed to be changed.
Does the transfer application propose to change the place or purpose of use of an irrigation right?
if YES Attach a Geographic Information System (GIS) shape file, an aerial photo, or other image clearly delineating the location and extent of existing acres and changes to the place of use.
How will injury and enlargement be prevented?
- Does the transfer application proposes to change the nature of use or period of use for one or more rights?
- if YES Provide documentation describing the extent of beneficial use for the water rights proposed to be transferred and document how enlargement will be prevented.
- Does the transfer application propose to change the point of diversion for a water right affecting the Eastern Snake Plain Aquifer (ESPA)?
- if YES Attach the results of an ESPA analysis and a detailed mitigation plan to offset any depletions to hydraulically-connected reaches of the Snake River.
- ESPA Modeling Tools
Does the transfer application propose to change the place of use of a supplemental irrigation right?
if YES Provide documentation describing the historic use of the supplemental rights and availability or reliability of the primary right(s) being supplemented, both before and after the proposed change.
Step 3: Complete the Forms
Complete the appropriate application form.
Application for Transfer of Water Right—Point of Diversion
Use this form if the only proposed change is to add and/or change point(s) of diversion of an entire water right(s).
Application for Transfer of Water Right
Use this standard form for all other changes.
When proposing to change a portion of more than one water right, complete a Part 2B page for each additional water right that you propose to split.
Print and sign the application.
Step 4: Submit Your Application Packet
Attach all documentation from STEP 1, STEP 2, and STEP 3.
- Determine the appropriate filing fee and attach the payment to the documentation.
Fee Schedule: Application for Transfer or Exchange
- Additional fees are required for water right ownership changes and proposed changes to nature of use.
- Mail your completed application packet with payment to the IDWR office in your region.
Agency Guidance
Agency policy statements and guidance documents shall not have the force and effect of law pursuant to section 67-5207A, Idaho Code.
To view all IDWR’s Administrative and Non-Administrative Memorandums, visit the Statutes, Rules, & Agency Guidance webpage.
| Number | Title & Description | Date |
|---|---|---|
| Transfer Processing Memo No. 24 | Processing Applications for Transfer of Water Rights This memorandum provides guidance to IDWR staff for processing applications for transfers of water rights pursuant to Idaho Code § 42-222 and other applicable law. These procedures ensure that applications are processed efficiently and with consistency. | October 1, 2024 |
| Application Processing Memo No. 72 | Evaluation of Mitigation Plans for Water Right Permits Water right transfers are necessary to implement mitigation plans for some new appropriations of water. This memorandum provides guidance to IDWR staff regarding the evaluation of mitigation plans submitted with applications to appropriate water. | November 4, 2015 |
| Application Processing Memo No. 71 & Transfer Processing Memo No. 27 | Water Rights Dedicated for Mitigation Protected from Forfeiture This memorandum provides guidance for accounting for the non-use of existing water rights to mitigate for new appropriations of water and water right transfers. | November 4, 2015 |
| Transfer Processing Memo No. 26 | Consumptive Use for Ponds The memorandum provides guidance for transfer applications proposing to change the nature of use of an existing irrigation water right to a pond. | February 23, 2004 |
| Mitigation Plan Evaluation Checklist Use this checklist to ensure that a mitigation plan will be complete and effective. | January 2, 2009 |
Transfer Examples
Listed below are examples of successful transfer applications.
POD & POU Changes
- 75087 – (old form) Change point of diversion and place of use for irrigation use
- 73783 Amended – (version of new form) Add points of diversion and change place of use for irrigation, stockwater, and commercial uses
Nature of Use Changes
Evapotranspiration and Consumptive Irrigation Water Requirements for Idaho – This website can be used to determine evapotranspiration (ET) and net irrigation requirements (NIR) for crops throughout the state of Idaho.
- 75085 – (old form) Change point of diversion, place of use, nature of use, and season of use; change irrigation use to stockwater use
- 73641 – (computer-generated form) Add points of diversion; change place, nature, and season of use; change irrigation use to stockwater and commercial use at a dairy
- 73632 Amended – (old form) Change nature of use of surface water right for irrigation to groundwater recharge to mitigate for use of groundwater under Application 63-32143
Changes within the ESPA Model
- 75269 – (old form) Change points of diversion and place of use of irrigation rights in the Eastern Snake Plain Aquifer (ESPA) model
73715 & 73716
(old forms) Off-setting transfers in the Eastern Snake Plain Aquifer (ESPA) model.
Eastern Snake Plain Aquifer (ESPA) Modeling Tools
The ESPA Modeling Tools provide to the water management community a common way to analyze the hydrologic impacts of new water right applications, transfers, and Water Supply Bank rentals within the Eastern Snake Plain Aquifer (ESPA). These tools enable users to evaluate the potential for a proposed transfer within the ESPA to affect flows in the Snake River. In the event that the ESPA Modeling Tools show that the proposal could injure prior rights, the spreadsheets will reveal the extent of the mitigation necessary. The applicant can then draft a mitigation plan which minimizes injury to senior rights and create an application which complies with the ESPA moratorium order.
Changes to groundwater use in the ESPA can change the location of depletions in the river and in the tributary springs. An ESPA model analysis is necessary to quantify those depletions so injury to other water rights can be identified and avoided or, if possible, mitigated. This guide is a resource for completing groundwater modeling required for water right transfers in the ESPA.
How to Use the ESPA Modeling Tools
- Locate and identify your grid cells.
Use IDWR’s interactive map server to identify ESPA model grid cells for use in the next step. - Run the model.
The ESPA Model Transfer spreadsheet was designed for individuals with little experience using groundwater modeling software. Download the zipped folder, open the ETransfer spreadsheet, and then add your inputs to the Data Entry tab. Be sure to read the data entry notes in green before running the model. Once you run the model, copy the data at the bottom of the Calculated Effects tab and place the data into the Mitigation Analysis spreadsheet. - Analyze the results.
The ESPA Mitigation Analysis spreadsheet is compatible with the ESPA Model Transfer spreadsheet. Use the ESPA Mitigation Analysis spreadsheet to analyze depletions to 11 reaches of the Snake River. Compare the model results of your proposal with IDWR’s mitigation threshold values to determine of mitigation will be necessary.
Additional Information
- ESPA Model Transfer User’s Manual
This manual describes how to use the ESPA Model Transfer spreadsheet to analyze the effects of proposed groundwater transfers on the flows of the Snake River. The manual was written for ETRAN 3.1, but it is equally applicable to ETRAN 3.4. - Discussion of the Use of the Transfer Tool and Performing Mitigation Analysis Associated with Various Water Right Processes
This document summarizes some of the basic capabilities of the ESPA Model Transfer spreadsheet as well as the analysis methods used by IDWR in the Mitigation Analysis spreadsheet. - IDWR will accept modeling completed in ETRAN 3.3 or ETRAN 3.4. In an effort to direct users to the latest version, ETRAN 3.3 is no longer available on this website. IDWR no longer accepts modeling completed with ETRAN 3.2. If you have an extenuating need to obtain a copy of ETRAN 3.2 or ETRAN 3.3, please contact us.
Archived Cumulative Reviews of ESPA Transfers
IDWR updated its review in May of 2024 to include transfers approved through September 30, 2023.
- Cumulative Review of ESPA Transfers between 2012 and 2023 May 2024
- Cumulative Review of ESPA Transfers between 2012 and 2022 – May 2023
- Cumulative Review Supporting Documents – May 2023
- Cumulative Review of ESPA Transfers between 2012 and 2021 – March 2022
- Cumulative Review Supporting Documents – March 2022
- Cumulative Review of ESPA Transfers between 2012 and 2020 – April 2021
- Cumulative Review Supporting Documents – April 2021
- Cumulative Review of ESPA Transfers between 2012 and 2019 – June 2020
- Cumulative Review supporting documents – June 2020
- Review of the Cumulative Effects of ESPA Transfers – September 12, 2019
- Cumulative Impacts of ESPA Transfers – March 28, 2019
News & Updates
The ESPA Modeling Tool ETRAN 3.3 was recently updated to ETRAN 3.4. The difference in user interface functionality between ETRAN 3.3 and the updated ETRAN 3.4 is negligible— the updated version executes ESPAM Version 2.2 MODFLOW files instead of ESPAM Version 2.1 files. ESPAM Version 2.2 superseded ESPAM Version 2.1 in May 2021. The calibration of ESPAM Version 2.2 incorporated groundwater flow modeling improvements to the representation of aquifer interaction with the Snake River in the Heise to Shelley, near Blackfoot to Neeley, and Neeley to Minidoka reaches, and the extension of the calibration period to include water years 2009 through 2018. ESPAM Version 2.2 is accepted as the best available science. Incorporating ESPAM Version 2.2 into the ETRAN 3.4 tool provides the water management community a common way to use the best available science to analyze the hydrologic impacts of new water right applications, transfers, and Water Supply Bank rentals within the ESPA. For a complete list of previous updates between versions, see the ESPAM22readme.txt file inside the zipped folder download.
IDWR will accept modeling completed in ETRAN 3.3 or ETRAN 3.4 until May 1st, 2022. In an effort to direct users to the latest version, ETRAN 3.3 is no longer available on this website. IDWR no longer accepts modeling completed with ETRAN 3.2. If you have an extenuating need to obtain a copy of ETRAN 3.2 or ETRAN 3.3, please contact us.
Statutes
Idaho Code § 42-222 – Change in Point of Diversion, Place of Use, Period of Use, or Nature of Use of Water Under Established Rights
Idaho Code § 42-248 – Notification of Change in Ownership of a Water Right