Official Government Website
IDAPA 37.03.08 – Water Appropriation Rules
Rulemaking
- IDAPA 37.01.01 – Rules of Procedure
- IDAPA 37.02.01 – Comprehensive State Water Plan Rules
- IDAPA 37.02.03 – Water Supply Bank Rules
- IDAPA 37.02.04 – Tribal Water Supply Bank Rules
- IDAPA 37.03.01 – Adjudication Rules
- IDAPA 37.03.02 – Beneficial Use Exam Rules
- IDAPA 37.03.03 – Underground Injection Well Construction Rules
- IDAPA 37.03.04 – Drilling for Geothermal Resources Rules
- IDAPA 37.03.05 – Mine Tailings Impoundment Structures & IDAPA 37.03.06 – Safety of Dams Rules
- IDAPA 37.03.06 – Safety of Dams Rules
- IDAPA 37.03.07 – SCA Rules; Rule 61: Minimum Standards for Suction Dredges and Non-Powered Sluice Equipment
- IDAPA 37.03.07 – Stream Channel Rules
- IDAPA 37.03.08 – Water Appropriation Rules
- IDAPA 37.03.09 – Well Construction Rules
- IDAPA 37.03.10 – Well Driller Licensing Rules
- IDAPA 37.03.11 – Conjunctive Management Rules
- IDAPA 37.03.12 – Water District 34 Rules
Notice
Water right changes made under the provisions of a drought declaration expire at the end of the current year unless extended or terminated by the IDWR Director.
IDAPA 37.03.08
The Idaho Department of Water Resources (IDWR) is conducting negotiated rulemaking for these rules as part of the State’s 8-year administrative rule review process established under Idaho Code § 67-5292. This process requires agencies to periodically review existing rules to ensure they remain consistent with legislative intent, are necessary, effective, and clear, and continue to meet the needs of Idaho citizens.
Scheduled Meetings and Deadlines
- Public Meeting Notice and Agenda – June 30, 2026
- Notice of Intent, Negotiated Rulemaking – June 3, 2026
Documents
- Overview Presentation: Public Meeting – June 30, 206
- Roster of Attendance: Public Meeting – June 30, 2026
- Negotiated Rulemaking Meeting Transcript – June 30, 2026
- Draft Water Appropriation Rules (Strawman REV1) – June 8, 2026
Comments
Comments may be sent by email or mail to rulesinfo@idwr.idaho.gov or
IDWR Rules Review Officer
PO Box 83720
Boise, ID 83720
When submitting comments, please cite the docket number or IDAPA rule chapter to which your remarks apply. Please be aware that your comments will become part of the public rulemaking record, and may be published to IDWR’s webpage.
Documents
- Email of 37.03.08 Current Rule and Pending Rule Crosswalk – January 22, 2024
- Email of 37.03.08 Pending Rule – January 4, 2024
- 37.03.08 Current Rule and Pending Rule Crosswalk – January 3, 2024
- IDWR Third Response to Public Comments on Water Appropriation Rules – January 3, 2024
- IDAPA 37.03.08 – Notice of Rulemaking – Pending Rule – January 3, 2024
- Pending Rule – January 3, 2024
- Pending Rule with Redline – January 3, 2024
- 37.03.08 Current Rule and Proposed Rule Crosswalk – October 20, 2023
- Notice of Proposed Rule and IDWR Second Response Email – October 5, 2023
- IDWR Second Response to Public Comments on Water Appropriation Rules – October 4, 2023
- IDAPA 37.03.08 – Notice of Rulemaking – Proposed Rule – October 4, 2023
- Proposed Rule Text – October 4, 2023
- Negotiated Rulemaking Stakeholders – July 28, 2023
- Negotiated Rulemaking Meeting Audio – July 26, 2023
- Negotiated Rulemaking Meeting Virtual Attendance Sheet – July 26, 2023
- Negotiated Rulemaking Meeting In-Person Attendance Sheet – July 26, 2023
- Public Meeting Presentation – July 26, 2023
- Email of 37.03.08 Strawman v 2.0 Cross-Reference Chart – July 19, 2023
- 37.03.08 Current Rule and Draft (Strawman v 2.0) Rule Cross-Reference Chart – July 18, 2023
- Scheduling Email – June 30, 2023
- IDWR First Response to Public Comments on Water Appropriation Rules – June 30, 2023
- Preliminary Draft Rule (Strawman v 2.0) – June 30, 2023
- Preliminary Draft Rule (Strawman v 2.0) with Redline – June 30, 2023
- Negotiated Rulemaking Meeting Audio – June 15, 2023
- Negotiated Rulemaking Meeting Virtual Attendance Sheet – June 15, 2023
- Negotiated Rulemaking Meeting In-Person Attendance Sheet – June 15, 2023
- Public Meeting Presentation – June 15, 2023
- Public Meeting Handout – June 15, 2023
- Negotiated Rulemaking Meeting Audio – May 22, 2023
- Negotiated Rulemaking Meeting Virtual Attendance Sheet – May 22, 2023
- Negotiated Rulemaking Meeting In-Person Attendance Sheet – May 22, 2023
- Public Meeting Presentation – May 22, 2023
- Public Meeting Handout: Comments Summary – May 22, 2023
- Scheduling Email – April 26, 2023
- IDAPA 37.03.08 Current Rule and Preliminary Draft Rule Cross-Reference Chart – April 20, 2023
- Scheduling Email and Follow Up to April 14, 2023 Meeting – April 20, 2023
- Negotiated Rulemaking Meeting Audio – April 14, 2023
- Negotiated Rulemaking Meeting Virtual Attendance Sheet – April 14, 2023
- Negotiated Rulemaking Meeting In-Person Attendance Sheet – April 14, 2023
- Public Meeting Presentation – April 14, 2023
- Preliminary Draft Rule (Strawman v1.0) – April 10, 2023
- Preliminary Draft Rule (Strawman v1.0) with Redline – April 10, 2023
- IDAPA 37.03.08 – Notice of Intent to Promulgate Rules – Zero-Based Regulation Negotiated Rulemaking (Admin. Bulletin Vol. 23-4) – April 5, 2023
- IDAPA 37.03.08 Prospective Analysis – December 5, 2022
- IDAPA 37.03.08 Recommendation Memo – November 30, 2022
Comments
Comments may be sent by email or mail to rulesinfo@idwr.idaho.gov or IDWR Rules Review Officer PO Box 83720 Boise, ID 83720 When submitting comments, please cite the docket number or IDAPA rule chapter to which your remarks apply. Please be aware that your comments will become part of the public rulemaking record, and may be published to IDWR’s webpage.
- Dylan B. Lawrence, Varin Thomas email – October 25, 2023
- Dylan B. Lawerence, Varin Thomas Written Comments for Proposed Rule – October 25, 2023
- Idaho Water Resource Board Written Comments for Negotiated Rulemaking Draft (Strawman v 2.0) Rule – July 28, 2023
- M’Leah Woodward, U.S. Forest Service Intermountain Region (R4) Regional Office, Written Comments for Negotiated Rulemaking Draft (Strawman v 2.0) Rule – July 28, 2023
- Michael P. Lawrence for Veolia Water Idaho, Inc. email – July 28, 2023
- T.J. Budge for Idaho Ground Water Appropriators, Inc. email – July 19, 2023
- Sarah W. Higer for Surface Water Coalition email – July 18, 2023
- Dylan B. Lawrence, Varin Thomas email – July 17, 2023
- Schroeder Law Offices, P.C. email – June 29, 2023
- Sarah W. Higer for Surface Water Coalition email – May 31, 2023
- Idaho Water Resource Board email – May 30, 2023
- Rebecca Voss, J.R. Simplot Co. email – May 30, 2023
- Dylan B. Lawrence, Varin Thomas email – May 30, 2023
- Rebecca Voss, J.R. Simplot Co. email – May 12, 2023
- Scott N. Pugrud, Idaho Power Company email – May 11, 2023
- Idaho Water Resource Board email – May 11, 2023
- Michael P. Lawrence for Veolia Water Idaho, Inc. email – May 11, 2023
- Candice M. McHugh, McHugh Bromley, PLLC email – May 11, 2023
- Dylan Lawrence, Varin Thomas email – May 9, 2023
- Schroeder Law Offices, P.C. email – May 4, 2023
- Steven M. Spencer, U.S. Forest Service Northern Region, Comments for Negotiated Rulemaking – April 10, 2023
- Clive J. Strong Written Comments for Negotiated Rulemaking Rule 45.01 – January 25, 2023
Statutes & Rules
Listed below are legal considerations regarding water rights, irrigation, and floodplain management in Idaho.
Idaho Constitution
Idaho Statute
- Title 42: Irrigation and Drainage — Water Rights and Reclamation
- Title 43: Irrigation Districts
- Title 46, Chapter 10: State Disaster Preparedness Act
Idaho Administrative Code
Hearing Procedures
Overview of IWRB & IDWR Contested Case Processes
Terminology
CurtailmentReducing or restricting the use of surface or groundwater based on priority date.
Delivery CallA request from a water right holder for the administration of water rights under the prior appropriation doctrine.
See IDAPA 37.03.11 for more detail.
See IDAPA 37.03.11 for more detail.
Mitigation PlanA document submitted by a junior-priority groundwater right holder and approved by the Director (as provided in Rule 043) that identifies actions and measures to prevent, or compensate holders of senior-priority water rights for, material injury caused by the diversion and use of water by the junior-priority groundwater rights holders within an area having a common groundwater supply.
See IDAPA 37.03.11 for more detail.
See IDAPA 37.03.11 for more detail.