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Water Rights FAQs

IDWR follows a specific administrative process with all applications for a new water right, applications to change an existing water right, or new statutory claim. This process begins when you file the application or claim with IDWR and pay the required fee.

  1. File an Application for a Permit or Statutory Claim to a Water Right with IDWR. The information that must be included in the application is described by statute and in IDWR’s rules and regulations.
  2. IDWR staff reviews the application or claim to ensure that it contains all the necessary information.
  3. Per Idaho Code § 42-203A, IDWR publishes a notice of the application or claim in the newspaper printed in the county in which the point of diversion is located. The notice details important elements of the application or claim including priority date, water source, nature of use, point of diversion, amount of water, period of use, and so forth. At this time, other persons may file protests to the application or claim with IDWR. If protests are filed and cannot be resolved, then IDWR must hold a hearing.
  4. IDWR reviews the application or claim along with any hearing of record. If the application or claim meets the requirements of the statute and the rules and regulations, a permit is issued. The permit describes the appropriation to be made and the deadline within which the appropriation must be completed.
  5. Prior to the end of the period in which the appropriation must be completed, IDWR sends the permit holder a notice that the deadline is approaching and that the permit holder must complete and return proof of beneficial use. On the proof form, the permit holder states that he or she has completed the appropriation.
  6. After filing the proof form, a field examination is required. The purpose of the field examination is to ensure that water is in fact being used as described in the permit.
    • The permit holder may request that the field examination be completed by IDWR. If so, the examination fee must be paid to IDWR at the time that proof is filed.
    • The permit holder may choose to hire a certified field examiner not associated with IDWR. The certified field examiner must submit the report to IDWR after the examination and prior to the proof due date.
  7. IDWR issues a license that describes the appropriation.

For an application which has no protests, which meets the requirements of the statute and the rules and regulations, and which encounters no problems, this process takes approximately three months from the time the application is filed.

  • IDWR follows a specific administrative process with all applications for a new water right, applications to change an existing water right, or new statutory claim. This process begins when you file the application or claim with IDWR and pay the required fee.

    1. File an Application for a Permit or Statutory Claim to a Water Right with IDWR. The information that must be included in the application is described by statute and in IDWR’s rules and regulations.
    2. IDWR staff reviews the application or claim to ensure that it contains all the necessary information.
    3. Per Idaho Code § 42-203A, IDWR publishes a notice of the application or claim in the newspaper printed in the county in which the point of diversion is located. The notice details important elements of the application or claim including priority date, water source, nature of use, point of diversion, amount of water, period of use, and so forth. At this time, other persons may file protests to the application or claim with IDWR. If protests are filed and cannot be resolved, then IDWR must hold a hearing.
    4. IDWR reviews the application or claim along with any hearing of record. If the application or claim meets the requirements of the statute and the rules and regulations, a permit is issued. The permit describes the appropriation to be made and the deadline within which the appropriation must be completed.
    5. Prior to the end of the period in which the appropriation must be completed, IDWR sends the permit holder a notice that the deadline is approaching and that the permit holder must complete and return proof of beneficial use. On the proof form, the permit holder states that he or she has completed the appropriation.
    6. After filing the proof form, a field examination is required. The purpose of the field examination is to ensure that water is in fact being used as described in the permit.
      • The permit holder may request that the field examination be completed by IDWR. If so, the examination fee must be paid to IDWR at the time that proof is filed.
      • The permit holder may choose to hire a certified field examiner not associated with IDWR. The certified field examiner must submit the report to IDWR after the examination and prior to the proof due date.
    7. IDWR issues a license that describes the appropriation.

    For an application which has no protests, which meets the requirements of the statute and the rules and regulations, and which encounters no problems, this process takes approximately three months from the time the application is filed.

To file a protest against an application, you must do the following per Idaho Code § 42-203A.

  • The Notice of Protest must be RECEIVED by IDWR no later than 10 days after the publication of the second (and last) legal notice. The last date for protest is included in the legal notice.
  • The Notice of Protest must include the name and address of the person making the protest (the protestant) and must be signed by the protestant, or the protestant’s agent or attorney. The protest must be accompanied by a non-refundable $25 protest fee per application (Idaho Code § 42-221).
  • The protestant must clearly describe why they object to the approval of the application. It is important that the objections be stated in clear, concise terms that accurately and clearly describe the nature of the objection and how the protestant will be injured if the application is approved.
  • The protestant must send a copy of the Notice of Protest to the applicant.

If you protest a water right application, you and the applicant are given the opportunity to resolve the problem. If you cannot resolve the problem, then either of you may request that IDWR schedule a formal hearing. The hearing is a legal process where evidence can be presented and testimony taken by a hearing officer.

After the hearing, the IDWR hearing officer reviews all evidence and testimony, and then issues a recommended order which is a document detailing the recommended decision in the case. The record is also reviewed by the IDWR director who issues a final order which sets out the formal IDWR decision. Depending on the specific application, the technical complexities involved, the number of protests, administrative appeals, court challenges, and so forth, the process can take months or even years to complete.

An application which has no protests is reviewed and analyzed by IDWR staff who determine if it meets the requirements of the statute and the rules and regulations. Provided that there are no problems encountered with the application, this process takes approximately three months from the time the application is filed.

If you are currently diverting the public waters of the state and putting the water to beneficial use, you may already have a valid water right. You might have acquired a valid water right along with your land if:

  • water was used on your property before you acquired it,
  • the person you acquired the property from did not “reserve” the water right in the deed conveying the property to you, and
  • the water right has not been forfeited due to five or more years of non-use.

IDWR maintains records of water right permits, licenses, and decrees. Use the tools on the Research tab to find your water right information.

You might need a new water right for the following reasons.

  • A water right was not properly established for the existing use (for example, if a use of surface water was initiated after 1971 without applying to IDWR for a permit).
  • A new water right is needed for a new use of water.
Surface Water Rights

Prior to May 20, 1971, there were two ways to establish surface water right.

  • Divert water and apply it to beneficial use. These water rights are called “beneficial use” (or “historic use” or “constitutional”) water rights. The priority date for a water right established by this method is the date water was first put to beneficial use.
  • Establish a right to surface water by complying with the statutory method in effect at the time the water right was established. The current statutory method is an application/permit/license procedure. The priority date for a water right established by this method is the date of filing the application with IDWR, and this priority date is shown on the license that is issued when the process is complete. Prior to 1903, Idaho had a “posted notice” statute which provided for posting of a notice at the point of diversion and recording the notice at the county recorder’s office—followed by actual diversion and beneficial use of the water (among other things). If the statutory requirements were met, then the priority date for a water right established under the “posted notice” statute was the date of posting the notice. Water rights established under the old statutory method are called “posted notice” water rights, but are considered “beneficial use” water rights because they are not confirmed by a license or decree.

As of May 20, 1971, the only method to establish a surface water right is by following the application/permit/license procedure. The one exception to this rule is for water rights used solely for instream livestock watering.

Groundwater Rights

Prior to March 25, 1963, there were two ways to establish groundwater rights—which are the same methods described for surface water (above).

As of March 25, 1963, the only method to establish a groundwater right is by following the application/permit/license procedure. The one exception to this rule is for water rights used for domestic purposes.

Other Kinds of Water “Rights”

Some people have a right to receive water that is not an appropriation.

  • Irrigation Organizations: Some people have the right to receive water that is represented by shares in an irrigation organization. In such cases, the irrigation organization has the appropriation and the water users have a right to receive water from the ditch company.
  • City or Water Utility Company: Some people receive water from a city or a water utility company. The water user may have a right to receive water from the city or utility company (usually contingent upon payment of a fee), but that user does not have an appropriation.
Riparian Rights

In some states, a land owner has the right to make “reasonable use” of groundwater beneath his or her land, or water naturally flowing on, through, or along the borders of his or her land. A riparian right to make use of that water is not limited by priority date and it cannot be lost by non-use. Idaho law does not recognize a “riparian right” to divert and use water. A water right under Idaho law can be established only by appropriation, and once established, it can be lost if it is not used.

IDWR refers to the impoundment of water as storage, and generally, a water right is required for that water storage. However, your proposed impoundment might not need a storage water right depending upon the type of use, the amount of water needed, and the water source. Review the following documents to determine if you need a water right for storage purposes.

How much storage water should I request?

After determining if a storage water right is necessary, the next step is to determine how much water to request. IDWR describes volumes in acre-feet.

Many rights to store water in a reservoir for irrigation purposes authorize a single annual filling of the reservoir. Some irrigation storage rights authorize multiple fills. Rights for purposes that require a full reservoir (such as aesthetic, recreation, and wildlife) require periodic replenishing of the reservoir to overcome seepage and evaporation losses. For help determining how much additional water is needed to overcome losses, review the following documents.

IDAPA 37.03.08 – Water Appropriation Rules
Rule 35.03.b.v.

Impoundment (storage) applications shall show the maximum acre-feet requirement per year which shall not exceed the storage capacity of the impoundment structure unless the application describes a plan of operation for filling the reservoir more than once per year.

 
How do I describe my storage request on the application?

Once you have determined how much storage water to request, the following resources might help you depict your request on the application.

The point of diversion (POD), place of use (POU), period of use, or nature of use of a water right may be changed so long as the change meets certain conditions.

After May 26, 1969, any person wishing to make a change in use of the water right must file an application of transfer with IDWR for approval of the change. IDWR might approve the proposed change if it:

  • will not injure other water rights,
  • does not constitute an enlargement of the original water right,
  • is a beneficial use,
  • is consistent with the conservation of water resources within the state of Idaho, and
  • is in the local public interest.

IDWR might approve the change in whole or in part, or approve it subject to conditions where necessary to meet the five requirements. If the proposed change does not meet the five requirements, then the proposed change is not approved and the application for change is denied.

Idaho Code § 42-222A authorizes IDWR to shortcut the usual change procedures and to issue emergency transfers during drought conditions.

Please visit the Transferring a Water Right page for more information.

There are two types of filings: statutory claim and notice of claim.

Statutory Claim

A statutory claim is filed with IDWR to make a record of an existing beneficial use right. In 1978, a statute was enacted requiring persons with beneficial use rights (other than water rights used solely for domestic purposes) to record their water rights with IDWR. The purpose of the statute was to provide some means to make records of water rights for which there were previously no records. However, these records are merely affidavits of the water users, and do not result in a license, decree, or other confirmation of the water right.

Notice of a Claim

A notice of claim to a water right is filed with IDWR in water rights adjudications. When an adjudication of a particular source is commenced, IDWR is required to notify the water users of the commencement of the adjudication, and notify the water users that they are required to file notices of claims for their water rights with IDWR. IDWR then investigates the notices of claims and prepares a report that is filed with the court. Claimants of water rights are notified of the filing of the report, and objections to the report may be filed with the court by anyone who disagrees with the findings in the report. If no objection is filed to a water right described in the report, then the court decrees the water right as described in the report. If an objection is filed to a water right described in the report, then the court determines the water right after a hearing and decrees the water right.

See the Adjudication page for more information.

Idaho Code § 42-248 requires water right owners to notify IDWR of any change of ownership or change in mailing address that applies to all water rights on file with IDWR.

Keeping the correct information on file with IDWR is especially important for claims filed as part of the Adjudication process. If claim does not reflect your current address, you could miss important procedural notices that might directly affect your water right.

If you purchase property that has with it a water right or adjudication claim, make certain that you are listed as the current owner and that your address is correct. If your water right is still pending before the court (for example, a partial decree has not yet been issued), there is no fee for filing the change of ownership form.

Claims may be corrected by the claimant only by filing an amended claim in the same format as the original. No additional filing fee is required to file an amended claim.

Use the Water Right & Adjudication Search to view water right records and associated documents.

Alternatively, you may review the original application or claim plus supporting information in the IDWR office where it was filed. To determine which IDWR office to visit, use the first two digits in the claim number which correspond to the IDWR Administrative Basins administered by the regional offices.

  1. Use the Water Right & Adjudication Search to obtain your claim number (which is listed as basin, sequence, and suffix).
  2. Go to the SRBA Subcase Summary Report page.
  3. In the Basin text box, type your basin number.
  4. In the Subcase text box, type your sequence number and suffix (if any).
  5. Click Submit Request.

To file an exception to a statutory claim, you must do the following per Idaho Code § 42-244.

  • The exception must be filed in affidavit form.
  • The exception must be filed in duplicate. IDWR will send one copy of the exception to the claimant.
  • The exception should be accompanied by such proof as deemed appropriate by the person filing the exception.

No fee is required to file an exception to a statutory claim.

Exceptions to a statutory claim are made part of the claim file and are considered the same as other evidence in the file. The filing and advertising of the claim does not confirm the validity of the water right. It serves to record and preserve the information, including any exceptions, regarding the claim. No further action by IDWR is authorized.

Please visit the Certified Water Right Examiners page for more information.

Priest Lake Water Management Project FAQs

  • Preserving lake levels through the main recreation season. This goal supports the local economy and meets current lake level requirements. It also avoids any negative impacts to downstream river flows.
  • Maintaining vessel access through the Thorofare channel between Upper Priest Lake and Priest Lake.

The Priest Lake Water Management Study was initiated by the IWRB to evaluate opportunities for improving operation of the Priest Lake (also known as Lower Priest Lake) and Priest River system. The study includes several action items.

  • Evaluation of alternatives for maintaining required recreational lake levels and maintaining current minimum discharge requirements downstream of the Priest Lake Outlet Dam (60 cfs).
  • Assessing potential structural and operational modifications to the dam.
  • Analyzing options to improve access and navigable conditions for the Priest Lake Thorofare.

Priest Lake is approximately 18 miles long, has a maximum depth greater than 300 feet, and has an active storage capacity of approximately 76,000 acre-feet. It is connected to Upper Priest Lake (which is approximately 3.3 miles long) by a three-mile long channel known as the “Thorofare,” which has long been used by the public for recreation and access to the upper lake. A 1,400-foot-long timber breakwater at the north end of Priest Lake is intended to manage sediment from the upper lake while providing wave and erosion protection to landowners at the north end of Priest Lake.

Priest Lake Outlet Dam was constructed in 1950 to maintain lake levels in Priest Lake and manage downstream flows into Priest River. The current Priest Lake Outlet Dam, which was constructed in 1978, is owned by IDWR and operated by a contractor on behalf of IDWR. The dam is approximately 12 feet high with gates that regulate discharge. It does not have an emergency spillway.

For a printable map and photos of the area, visit the Map & Images page.

Priest Lake Water Management Study Map

IWRB is committed to meaningful participation by all stakeholders in the decision-making process. Throughout the study (approximately 10 months), you will have ongoing opportunities to respond and comment on any options that might be developed. You are encouraged to visit this project website to learn more information about the project, public information meeting dates, opportunities for public comment, and other ways you can stay informed about the project during the study process. We encourage you to contact the Project Team at any time with your questions and comments.

Click here to view a printable fact sheet of the Priest Lake Water Management Study.

Upon construction of the Priest Lake Outlet Dam in 1950, the State of Idaho and Northern Lights, Inc., the operator of the dam, executed an operations and maintenance agreement which stipulates that the minimum discharge from the Priest Lake Outlet Dam during the recreation season shall be 60 cfs. Since the execution of the operations and maintenance agreement, IDWR has operated the dam to meet the minimum discharge flow of 60 cfs.

In 1927, Water Right License No. 16642, which was amended to Water Right 97-2020, was issued to the State of Idaho for preservation of said water in lake (Priest Lake) for scenic beauty, health, and recreation purposes necessary and desirable for all inhabitants of the State. The priority date for the water right is January 24, 1927, with a beneficial use designation of “Recreation Storage,” with a storage volume of 800,000 acre-feet. As stated in the original license, the 800,000 acre-feet is needed to maintain the level of Priest Lake not higher than normal high-water stage and not lower than the natural low-water stage at any season of the year.

In accordance with Idaho Code § 70-507, the dam is operated to maintain the lake levels at 3.0 feet on the Priest Lake at Outlet Near Coolin ID gage (USGS No. 12393000) for recreational purposes.

The Priest Lake Water Management Study was initiated by the IWRB to evaluate conceptual alternatives for accomplishing the objectives of the study:

  • Preserving lake levels through the main recreation season. This goal supports the local economy and meets current lake level requirements. It also avoids any negative impacts to downstream river flows.
  • Maintaining vessel access through the Thorofare channel between Upper Priest Lake and Priest Lake.

Upon completion of the study, the IWRB will select a preferred alternative. Once a preferred alternative is selected, a detailed lake operations plan will be developed by IDWR in coordination with the IWRB and stakeholders.

A detailed Lake Operations Plan is outside the scope of the current study. The Priest Lake Water Management Study will evaluate conceptual alternatives. Once a preferred conceptual alternative is selected by the IWRB, a detailed lake operations plan will be developed by IDWR in coordination with the IWRB and stakeholders.

No. Any action on the cold-water-siphon concept would take place after completion of the Priest Lake Water Management Study.

Water Districts FAQs

A water district:

  • is an organized government entity created and supervised by IDWR to distribute water as required by Idaho law consistent with water rights on record with IDWR;
  • is an organized group of water users that hold rights from a common, public water source or water system within the boundary of the district;
  • has IDWR-defined boundaries that encompass a public water source or water system (for example, a drainage basin or part thereof, or a common aquifer); and
  • is considered an extension of state government to assist IDWR with the distribution of water.

Water districts are needed to manage and administer the use of Idaho’s public “water systems” at a local level. A “water system” includes all rivers, streams, lakes, springs, ground waters, or other sources within the state. IDWR supervises and provides administrative support for water districts to ensure the proper distribution of water consistent with Idaho law.

IDWR is required to create water districts following a court process called an adjudication. Through an adjudication, the Court determines the validity of the water uses or water rights and issues a decree. The Court decree documents the extent and priority of the rights to use water from a water system or source.

Water districts administer water rights from a specified water source or sources. Water districts may administer surface water, groundwater, or both. The order creating or establishing the water district identifies the source or sources to be administered.

Unless excluded under applicable state law, all water rights from the specified water source or sources within the water district boundary are included in the water district. Any new water right permits approved within an existing water district is subsequently included in the district.

For purposes of measurement and/or assessment, IDWR may exclude certain uses such as:

  • small domestic or livestock uses less than or equal to 13,000 gallons per day
  • in-stream stockwater use
  • small irrigation or non-irrigation uses
  • water uses that do not require a water right

A water district is the only water-delivery entity specifically authorized and required to administer the delivery of Idaho water from a public water source or water system. The water district delivers and administers water from the public source to individuals who hold valid water rights or to entities that hold valid water rights.

Numerous water-delivery entities are subject to the administration and delivery of water by a water district watermaster. Listed below are common entities that deliver, convey, or provide water to consumers after it has been delivered by a water district watermaster.

  • irrigation districts
  • irrigation companies
  • homeowner associations
  • lateral water user organizations
  • municipalities
  • canal companies

These entities distribute water to patrons or customers through a common conveyance system or systems after the water is diverted from the public water source. For more information on other water-delivery entities, visit the Water Rights page.

Water districts are responsible for proper administration and distribution of the public waters within their designated boundaries.

Water district staff might include an elected watermaster, watermaster assistants, and a treasurer.

A watermaster’s duties include delivering water to users in the district according to the specific elements of the water rights, measuring and reporting the water use, investigating unauthorized water use, and maintaining accurate records of water right ownership.

The treasurer is responsible for managing the district finances.

If a water district chooses to select an advisory committee, the advisory committee assists or advises IDWR and the watermaster in matters pertaining to the distribution of water within the district.

Neither the State of Idaho nor IDWR fund the operation of water districts or water district staff. Water districts are funded through assessments paid by the water users within the district. Each water user is assessed a proportion of the water district’s adopted budget based on the amount of water that was delivered by the watermaster during the past season or seasons.

At the water district annual meeting, water users vote to adopt a budget sufficient for paying the cost of delivering water for the upcoming season.

Water districts are a government entity and must register as a government entity with Idaho’s Legislative Services Office each year.

Certain liabilities and certain property owned by the water district are covered through the State of Idaho’s Risk Management Program. Water districts might be responsible for any deductibles associated with a claim.

Water districts are responsible for providing Workers Compensation Insurance coverage for water district employees.

Idaho has approximately 100 active water districts. For more information, visit the Active Districts tab.

Water Rights Adjudication FAQs

2024

Adjudication Progress Report– December 2024

Adjudication Progress Report– November 2024

Adjudication Progress Report– October 2024

Adjudication Progress Report– September 2024

Adjudication Progress Report– August 2024

Adjudication Progress Report– July 2024

Adjudication Progress Report– June 2024

Adjudication Progress Report– May 2024

Adjudication Progress Report– April 2024

Adjudication Progress Report– March 2024

No monthly progress report for February 2024

Adjudication Progress Report– January 2024

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Adjudication Progress Report – December 2023

Adjudication Progress Report – November 2023

Adjudication Progress Report – October 2023

Adjudication Progress Report – September 2023

Adjudication Progress Report – August 2023

Adjudication Progress Report – July 2023

Adjudication Progress Report – June 2023

Adjudication Progress Report – May 2023

Adjudication Progress Report – April 2023

Adjudication Progress Report – March 2023

Adjudication Progress Report – February 2023

Adjudication Progress Report – January 2023

Adjudication Progress Report AMENDED – December 2022

Adjudication Progress Report – November 2022

Adjudication Progress Report – September 2022

Adjudication Progress Report – August 2022

Adjudication Progress Report – June 2022

Adjudication Progress Report – May 2022

Adjudication Progress Report – March 2022

Adjudication Progress Report – February 2022

Adjudication Progress Report – January 2022

Adjudication Progress Report – November 2021

Adjudication Progress Report – October 2021

Adjudication Progress Report – September 2021

Adjudication Progress Report – July 2021

Adjudication Progress Report – June 2021

Adjudication Progress Report – May 2021

Adjudication Progress Report – April 2021

Adjudication Progress Report – March 2021

Adjudication Progress Report – February 2021

Adjudication Progress Report – January 2021

BRBA FAQs

An adjudication is a court proceeding that inventories and catalogs water rights existing at a snapshot in time. The court issues a decree confirming the elements of each water right. In this case, the Idaho Supreme Court designated an Idaho district court to conduct the adjudication.  IDWR aids and advises the court.

You can file a claim to a water right in the Bear River Basin Adjudication (“BRBA”) anytime.  The district court issued an order commencing the BRBA on June 15, 2021, and IDWR will accept claims if filed.

IDWR will send commencement notices to all the property owners within the boundary of the BRBA once it has established the infrastructure needed to manage the influx of claims expected to be filed in the BRBA.  Commencement notices will be mailed in stages so not all property owners will receive notice at the same time.

In Idaho, establishing a water right requires that water is diverted and put to beneficial use. If there is no history of diversion and use, then a water right has not been established. 

Prior to March 25, 1963, for ground water, and May 20, 1971, for surface water, a water right could be established by simply diverting water and putting it to beneficial use.  The permit system for establishing a water right became mandatory for uses developed from ground water after March 25, 1963 (except for domestic purposes as defined by Section 42-111, Idaho Code), and for uses developed from surface water after May 20, 1971 (except for watering stock directly from streams).

No.  An adjudication is a court action for the determination of existing water rights.  When you want to begin using water, contact the Idaho Department of Water Resources to file an application for permit.

If you are supplied water by a city, water district, or other water delivery organization, that entity should file a claim for your use.

You can verify that your water delivery organization has filed a claim by using the Water Right & Adjudication Search, or by contacting your water delivery organization

There is a one-time fee associated with filing an adjudication claim(s). However, the amount of those fees should not result in the need for water providers to increase bills for their customers.

No.  An adjudication determines the priority and other elements of existing water rights.  It does not address the day-to-day administration of water rights.  This is not to say IDWR would never require a well to be metered.  For example, if a dispute arose between water users over the impact of ground water pumping on the supply of water available to water right owners, IDWR may require metering of the wells involved in the dispute.  However, IDWR does not have the directive, need, or resources to require meters on all private domestic wells.

The Idaho legislature recognized that effective management of the waters of the state of Idaho requires that, “…a comprehensive determination of the nature, extent and priority of the rights of users of surface and ground water be determined.”

The purpose of the general adjudication of water rights is to make a complete and accurate record of all existing water rights. A water right adjudication catalogs and confirms, through the court, all water rights and to which property those water rights belong, binding all property owners and parties to the court decree of those water rights. A comprehensive determination of water rights is needed to protect existing water rights, effectively manage the resource during times of water shortage or dispute, as well as for planning for the future.

A combination of water right claim filing fees and Idaho General Tax Fund appropriations will pay for the adjudication. Current estimates place the ratio at approximately 1/10 fees and 9/10 general fund dollars.

Click here for the Adjudication Claim Fee Schedule.

Yes, most claimants complete the Notice of Claim forms without requiring additional assistance. The online, claim-filing procedure steps you through the process. To get started, review the Before You Start information on the Online Claims Taking page.

If you prefer to submit a paper form, visit the File a Claim page.

If an adjudication claim is required for your water use, failure to file that claim before the final decree will result in a determination that the water right no longer exists. However, as stated on page 2 of the Commencement Notice, water users with small domestic and/or stockwater rights, as defined in Idaho Code §§ 42-111 & 42-1401A, may defer (postpone) filing a claim until a later time in the adjudication proceeding.  Although a deadline for filing claims for these “deferrable” domestic and stockwater rights has not been set, the opportunity to defer filing is not indefinite.  At some future time, the court will establish a filing deadline for small domestic and stockwater rights.  IDWR recommends filing a claim for a small domestic or stockwater right now and not deferring.

If you are currently diverting water and putting it to beneficial use you may already have a valid water right. The Adjudication process provides a method to verify and record water rights developed before statutes were enacted requiring a water user to file an application for permit to establish a new water right. An application for permit was required to establish a new water right after March 25, 1963, for ground water and May 20, 1971, for surface water. Before these dates individuals could establish a water right by simply diverting water and applying it to beneficial use.

After 1963, a beneficial use right to ground water may only be established for small domestic and stockwater purposes as described in Idaho Code § 42-111. After 1971, a beneficial use right to surface water can only be established for water used solely for instream watering of livestock.

If you started using ground water after March 25, 1963, without filing an Application for Permit, for anything other than a small domestic or stock water use, or you started using surface water after May 20, 1971, without filing an Application for Permit, for anything other than letting stock drink directly from a stream, you need to file an Application for Permit rather than an adjudication claim.

It depends.

If Proof of Beneficial Use was submitted to IDWR in connection with your licensed water right on or before the adjudication commencement (June 15, 2021) and your licensed water use is not deferrable, then filing a claim for an existing water license (or prior decree, if issued before the commencement) is required.

If you submitted Proof of Beneficial Use to IDWR on your licensed water right after June 15, 2021, then you do not need to file a claim for that licensed water right.

If changes to parts of a licensed or prior-decreed water right have occurred, the adjudication will result in an updated water right description. IDWR makes a thorough examination and notifies any current owner about old recorded water rights. In the rare cases when a property owner ceased using and exercising a prior water right, the adjudication will clear these once-existing water rights from IDWR’s inventory. Any unclaimed water right that is not deferrable will cease to exist once the adjudication is complete.

The Idaho Legislature would need to pass new legislation in order to impose a tax on private wells.

A Notice of Claim to a Water Right is filed with IDWR in water rights adjudications. An adjudication is a court action for the determination of existing water rights, which results in a decree that confirms and defines each water right. For the Clark Fork Pend Oreille (CFPRBA) and Bear River Basin (BRBA), all uses established on or before June 15, 2021, are considered existing.

New water rights are established through the IDWR permitting process using an Application for Permit. For purposes of the Clark Fork Pend Oreille and the Bear River Basin, water uses first occurring after June 15, 2021, are considered new water rights.

General NIA FAQs

An adjudication is a court proceeding that inventories and catalogs water rights existing at a snapshot in time. The court issues a decree confirming the elements of each water right. In this case, the Idaho Supreme Court designated an Idaho district court to conduct the adjudication.  IDWR aids and advises the court.

Idaho law requires the IDWR Director to serve notice by mail on each person or entity owning real property within the boundaries of the water basin being adjudicated. If you own multiple properties within the boundary, you might receive more than one Commencement Notice.

Phase 3:  Clark Fork-Pend Oreille River Basin Adjudication (CFPRBA) Commencement Notices
  • Bonner & Boundary County property owners within Basin 97 – Mailing Group 1
  • Bonner & Boundary County property owners within Basin 96 – Mailing Group 2 (pending)
  • Bonner & Boundary County property owners within Basin 96 – Mailing Group 3 (pending)
  • Bonner & Boundary County property owners within Basin 96 – Mailing Group 4 (pending)
  • Bonner & Boundary County property owners within Basin 96 – Mailing Group 5 (pending)
Phase 2:  Palouse River Basin Adjudication (CFPRBA) Commencement Notices
Phase 1:  Coeur d’Alene-Spokane River Basin Adjudication (CSRBA) – Commencement Notices:

In Idaho, establishing a water right requires that water is diverted and put to beneficial use. If there is no history of diversion and use, then a water right has not been established. 

Prior to March 25, 1963, for ground water, and May 20, 1971, for surface water, a water right could be established by simply diverting water and putting it to beneficial use.  The permit system for establishing a water right became mandatory for uses developed from ground water after March 25, 1963 (except for domestic purposes as defined by Section 42-111, Idaho Code), and for uses developed from surface water after May 20, 1971 (except for watering stock directly from streams).

No.  An adjudication is a court action for the determination of existing water rights.  When you want to begin using water, contact the Idaho Department of Water Resources to file an application for permit.

If you are supplied water by a city, water district, or other water delivery organization, that entity should file a claim for your use.

You can verify that your water delivery organization has filed a claim by using the Water Right & Adjudication Search or by contacting your water delivery organization.

There is a one-time fee associated with filing an adjudication claim. However, the amount of those fees should not result in the need for water providers to increase bills for their customers.

Water resources in the Clark Fork-Pend Oreille River Basin, Palouse River Basin, and Coeur d’Alene-Spokane River Basin, including significant underlying aquifers, are shared with the State of Washington. Both Idaho and Washington desire to reach agreement on how the waters of these resources will be used. To best protect the interests of Idaho water users, Idaho’s water managers must know the extent of the valid water rights in Idaho. An adjudication is the only way to determine this.  

In addition, population growth in northern Idaho is adding pressure on water resources.  According to the Idaho Constitution and Idaho law, in a time of water shortage, Idaho water right holders with older water rights have priority over newer water rights.  This is sometimes called the “first in time is first in right” principal.  For each water right, the date of first water use is called the priority date.  An adjudication is the only way to determine the relative priorities of all the water rights diverted from a water source.

No.  An adjudication determines the priority and other elements of existing water rights.  It does not address the day-to-day administration of water rights.  This is not to say IDWR would never require a well to be metered.  For example, if a dispute arose between water users over the impact of ground water pumping on the supply of water available to water right owners, IDWR may require metering of the wells involved in the dispute.  However, IDWR does not have the directive, need, or resources to require meters on all private domestic wells.

A combination of water right claim filing fees and Idaho General Tax Fund appropriations will pay for the adjudication. Current estimates place the ratio at approximately 1/10 fees and 9/10 general fund dollars.

Click here for the Adjudication Claim Fee Schedule.

Yes, most claimants complete the Notice of Claim forms without requiring additional assistance. The online, claim-filing procedure steps you through the process. To get started, review the Before You Start information on the Online Claims Taking page.

If you prefer to submit a paper form, visit the File a Claim page.

If an adjudication claim is required for your water use, failure to file that claim before the final decree will result in a determination that the water right no longer exists. However, as stated on page 2 of the Commencement Notice, water users with small domestic and/or stockwater rights, as defined in Idaho Code §§ 42-111 & 42-1401A, may defer (postpone) filing a claim until a later time in the adjudication proceeding.  Although a deadline for filing claims for these “deferrable” domestic and stockwater rights has not been set, the opportunity to defer filing is not indefinite.  At some future time, the court will establish a filing deadline for small domestic and stockwater rights.  IDWR recommends filing a claim for a small domestic or stockwater right now and not deferring.

SRBA FAQs

No, on August 25, 2014, the Final Unified Decree for the SRBA was signed. The opportunity to file a Notice of Claim to a Water Right for a non-deferrable water use is closed.

A small water use for domestic and/or stock purposes can be considered de minimis if the water use meets the following definitions:

  • De minimis water use for “Domestic” purposes means:
    1. the use of water for homes, organization camps, public campgrounds, livestock, and for any other purpose in connection therewith, including irrigation of up to one-half (1/2) acre of land, if the total use is not in excess of thirteen thousand (13,000) gallons per day, or
    2. any other uses, if the total use does not exceed a diversion rate of four one-hundredths (0.04) cubic feet per second and a diversion volume of twenty-five hundred (2,500) gallons per day.
  • De minimis domestic uses shall not include water for multiple ownership subdivisions, mobile home parks, or commercial or business establishments, unless the use meets the diversion rate and volume limitations set forth in definition (b) above.
  • De minimis water use for “Stockwater” purposes means the use of water solely for livestock or wildlife where the total diversion is not in excess of thirteen thousand (13,000) gallons per day.

In the SRBA, certain small stockwater and domestic water right holders were not required to file claims during the adjudication, and instead, could opt to defer the filing until a later time. A deferred de minimis domestic and/or stockwater claim is one which was not filed before December 18, 2013, which is the date when the Order Granting State of Idaho’s Motion for Interim Order Implementing the Order Governing Procedures of Adjudication of Deferred De Minimis Domestic and Stock Water Claims was issued in the SRBA.

No, deferrable de minimis domestic and/or stockwater use claims do not need filed immediately. In the Final Unified Decree for the SRBA, the Court specifically states that any domestic and/or stockwater right (as defined in Idaho Code § 42-111) “shall not be lost by failure to file a notice of claim.” Therefore, there is no deadline for filing a deferrable de minimis domestic and/or stockwater use claim.

The Court established a process for filing a Notice of Claim to a Water Right for de minimis domestic and/or stockwater uses that were deferred (not claimed) in the SRBA. The water can only be claimed for domestic and/or stockwater use if the amount of water diverted for domestic and/or stockwater use does not exceed 13,000 gallons per day.

The Court process begins when you file a Motion for Determination of Deferred De Minimis Domestic or Stock Water Use. When you file the motion, you must also file the Notice of Claim to a Water Right.

To help you through this process, visit the Forms page where you can find both forms noted above as well as instructions, checklists, and supplemental forms for federal grazing allotments.

The term de minimis means the water use is for a domestic use and/or stockwater use where the total volume of water diverted does not exceed 13,000 gallons per day.
IDWR staff can assist you with completing the Notice of Claim to a Water Right form and researching any existing water rights that are claimed, licensed, or decreed within the grazing allotment. IDWR does not have access to current or historic grazing permits or to the warranty deeds that establish the chain of title of your base property from the land patent to you.

No. Pursuant to Idaho Code &sec; 42-113, a permit may be issued, but it is not required, for appropriation of water for the in-stream watering of livestock. Idaho Code § 42-113(3) also exempts certain out-of-stream diversions of water to a stock watering trough or tank from the permit process.

To acquire a new water right from a groundwater source (a well), a water right permit is not required if the water use is limited to watering livestock and the volume of the water diverted or consumed by the livestock does not exceed 13,000 gallons per day.

To acquire a new water right for an out-of-stream diversion from a surface water source (a spring, stream, river, lake, wetland, or naturally-occurring pond), a water right permit is required unless the out-of-stream use meets the criteria of Idaho Code &sec; 42-113(3). Visit the Water Rights Forms page for the Application for Permit form as well as instructions.

The date when the Application for Permit is filed establishes a prospective priority date. When the Application for Permit is approved as a permit, the application filing date becomes the priority date.

If you or your predecessor diverted water from a surface water source for the purpose of watering livestock and the diversion of the water commenced prior to May 20, 1971, or if your livestock drink directly from a surface water source [or through a trough or tank pursuant to Idaho Code § 42-113(3)], you can file a Notice of Claim to a Water Right with the SRBA Court—provided that the volume of water diverted or consumed by the livestock does not exceed 13,000 gallons per day. You can also file a Notice of Claim to a Water Right with the SRBA Court for water diverted or consumed by the livestock from a groundwater source if the volume of water diverted does not exceed 13,000 gallons per day. To help you through this process, visit the Forms page where you can find the Notice of Claim to a Water Right form as well as instructions, checklists, and supplemental forms for federal grazing allotments.

If you or your predecessor diverted water from a surface water source for the purpose of watering livestock and the diversion was commenced after May 20, 1971 [and your diversion does not meet criteria of Idaho Code § 42-113(3)] or the volume of the water diverted exceeds 13,000 gallons per day, you must file an Application for Permit for a new water right. Visit the Water Rights Forms page for the Application for Permit form as well as instructions.

For all complete list of Adjudication claim forms and instructions, visit the Forms page.

As of July 1, 2017, for claims in which stockwater is the sole purpose of use claimed and the use is less than 13,000 gallons per day, the filing fee is $25.00 each for the first four claims. If you file additional stockwater-only claims, there are no additional filing fees for the additional claims.

In the Idaho Supreme Court case Joyce Livestock Company v U.S. (February 9, 2007), the Court held that a cattle rancher can establish an in-stream water right on federal land for the watering of livestock if the rancher had authority to access the federal land to graze cattle. The Court held that such a water right becomes appurtenant to (or attached to) the “base property” or “base ranch” for which the stockwater right was established. The base property is the private land used to support the livestock at the time the water right was perfected.

When filing a claim for a previously-established water right, you must submit evidence of the date when water was first beneficially-used on the federal land. Evidence could include historical documents such as applications for grazing permits.

You must also submit evidence of the water right ownership. If the current owner of the base property is different from the owner of the base property when the water right was established, you must provide a chain of title that shows the conveyance of the base property from the original owner to the current owner. Doing so ensures that the water rights were conveyed to each new owner of the base property. If the deeds for each conveyance do not show that the water rights were withheld when the base property was conveyed, then we assume the water rights were conveyed with the base property.

For more information about the documents you need to establish proof of an existing water right, review the Checklist of Items Recommended for Each Deferred De Minimis Stockwater Use Claim.

Since a Class 1 Grazing Permit could only be issued if the applicant grazed livestock on the public range for at least five years prior to the enactment of the Taylor Grazing Act of 1934, the best evidence for establishing a priority date of 1929 or earlier on a BLM grazing allotment is a copy of the original application that led to a Class 1 Grazing Permit.

The Kootenai River Basin does not have a current adjudication. You can record the historic water use in this river basin by filing a Statutory Claim to a Water Right pursuant to Idaho Code § 42-243.

Visit the Water Rights Forms page for the Statutory Claim to a Water Right form as well as instructions.

The Idaho Supreme Court confirmed in the Joyce Livestock decision (Joyce Livestock Company v U.S., February 9, 2007) that owners of livestock grazing on the public domain could establish beneficial use instream (non-diverted) stockwater rights, and those water rights were appurtenant to the owners’ base property (patented private land) rather than the public land where the livestock graze and drink the water.

The original grazing permit and the application that was filed to obtain the grazing permit can be used to establish the water right priority date. If the original grazing permit issued was a Class 1 grazing permit, the permit holder owned base property and grazed the public range prior to the enactment of the Taylor Grazing Act. The copy of the original grazing permit application should also contain information listing how long the applicant had been grazing livestock on the public range.

The Joyce Livestock decision confirmed that “A water right appurtenant to real property is conveyed with the real property unless it is expressly reserved or the parties clearly intended that the conveyance not include the water right.” Therefore, whenever the base property is sold, the water rights appurtenant to the base property are conveyed to the new owner of the base property unless they are specifically reserved in the deed at the time of the sale. Having this information is necessary to accurately review the claim and present the recommendation to the Court in the form of a Director’s Report.

Grazing permits can be sold separately from the base property. If the person or entity that is selling the grazing permit established water rights on the federal land, those water rights may be conveyed with the grazing permit if the sales agreement specifically states that the sale of the grazing permit includes the water rights. The seller must be the owner of the base property in which the water rights are appurtenant, or reserved the water rights at the time the base property was sold, and prior to selling the grazing permit. A water right transfer is likely necessary if the water rights were separated from the base property and sold after November 19, 1987 and if the claim is for water usage within the Snake River Basin Adjudication boundary. If the purchase of the grazing permit did not include a water right, a new water right may be established once the new owner of the grazing permit begins watering livestock on the land.

When reviewing the claim, IDWR staff need to verify that the claimant currently has the right to graze livestock at the place of use described on the claim.

In the Idaho Supreme Court case Joyce Livestock Company v U.S. (February 9, 2007), the Court held that a cattle rancher can establish an in-stream water right on federal land for the watering of livestock if the rancher had authority to access the federal land to graze cattle. The Court held that such a water right becomes appurtenant to (or attached to) the “base property” or “base ranch” for which the stockwater right was established. The base property is the private land used to support the livestock at the time the water right was perfected.

When filing a claim for a previously-established water right, you must submit evidence of the date when water was first beneficially-used on the federal land. Evidence could include historical documents such as applications for grazing permits. 

For more information about the documents you need in order to establish proof of an existing water right, review the Checklist of Items Recommended for Each Deferred De Minimis Stockwater Use Claim.   Since a Class 1 Grazing Permit could only be issued if the applicant grazed livestock on the public range prior to the enactment of the Taylor Grazing Act of 1934, the best evidence for establishing a priority date before the Taylor grazing act might be information on the original application for the grazing authorization that led to a Class 1 Grazing Permit.

No, a chain of title for the base property is not required for filing a claim. A rebuttable presumption is made that your base property can be traced back to the original base property associated with the original grazing permit or when water was first put to beneficial use on federal land. However, it could be beneficial to have the chain of title documented in case the presumption is challenged.

Small Scale Mining Permits FAQs

Small scale mining is the use of any equipment to dig, scrape, dredge, or otherwise move streambed materials from below the ordinary high watermark in search of minerals. The use of such equipment is limited to:

  • suction dredges having a nozzle diameter of five (5) inches or less,
  • suction dredges having power sources (motors or engines) rated at 15 horsepower (HP) or less, and
  • non-powered sluice equipment moving more than one-quarter (1/4) cubic yard per hour.

For more information, see IDAPA 37.03.07 – Stream Channel Alteration Rules.

 

The Letter Permit does not authorize small scale mining on the South Fork Clearwater River (SFCR) or the McCoy Creek Drainage (tributary to South Fork Snake River). For small scale mining on the SFCR, you must submit the IDWR South Fork Clearwater River Special Supplement. For small scale mining on McCoy Creek and certain tributaries, you must submit a Joint Application for Stream Channel Alteration Permit.

The Idaho Department of Environmental Quality (DEQ) administers the Idaho Pollutant Discharge Elimination System (IPDES) permit program. Anyone operating a small suction dredge on any stream or river in Idaho must contact the DEQ to obtain IPDES suction dredge general permit coverage. Additional information regarding IPDES permitting may be obtained via DEQ’s website.

The IDWR Small Scale Mining Authorization (Letter Permit), or simply Letter Permit, is an annual permit that authorizes the permit holder to conduct small scale mining activity on OPEN streams.

  • For Idaho residents, the Letter Permit cost is $10 per person.
  • For non-Idaho residents, the Letter Permit cost is $30 per person.

You can download and print the IDWR Letter Permit and accompanying instructions from the IDWR website. Once you complete the IDWR Letter Permit form, mail it along with the appropriate fee to any IDWR office for approval. IDWR Letter Permits can also be completed in person at any IDWR office.

If you visit an IDWR office to submit your completed IDWR Letter Permit form and fee, it only takes a few minutes to process and you will leave the office with your permit and payment receipt.

If you send your completed IDWR Letter Permit form and fee by postal mail, your permit and payment receipt will be returned to you by email (if provided) or postal mail.

The IDWR Letter Permit authorizes you to use small-scale, mechanized equipment, including but not limited to suction dredges, powered sluice boxes, and high bankers that are limited to motors or engines rated no more than 15 HP. Suction dredge intake hoses are limited to a nozzle diameter of no more than five (5) inches.

Use of a powered pump to divert water from the stream to a sluice box or high banker operated below the ordinary high watermark is considered mechanized mining equipment and requires an IDWR Letter Permit.

To use equipment exceeding these limits, you are required to complete and submit a Joint Application for Stream Channel Alteration Permit.

The IDWR Letter Permit authorizes mining activity for a maximum of one year from January 1 to December 31. However, many streams and rivers have limited small scale mining seasons and some streams are closed to small scale mining. To view a list of open streams and mining seasons, review the IDWR Small Scale Mining Program Instructions or visit the IDWR Small Scale Mining Streams map.

Everyone operating small scale mining equipment is required to have their own IDWR Letter Permit. Since only one person may be listed on an IDWR Letter Permit, each individual operating the equipment must complete and pay for an IDWR Letter Permit.

Anyone operating a suction dredge or other qualifying equipment is required to have an IDWR Letter Permit, regardless of age.

If you operate a suction dredge or other small scale mining equipment below the ordinary high watermark of any stream or river channel without an IDWR Letter Permit, IDWR may issue a Notice of Violation (NOV) to cease and desist mining activity. The NOV may require that you pay a monetary penalty and perform stream restoration measures (see Idaho Code § 42-3809 and § 42-1701B).

Lemhi River Basin Settlement FAQs

No. The Settlement Agreement only deals with perfection of existing water right applications and new water right applications for use of high flow. Since the priority date of new water right applications will be later in time than all existing water rights, the new water rights will not alter or affect the exercise of existing water rights in the Lemhi River Basin.

High flow is unappropriated natural flow over and above the amounts required to fill (1) existing water rights and (2) future rights that may be established pursuant to Idaho state law.

No. The Snake River Basin Adjudication (SRBA) District Court held the historic practice of diverting high flow did not create a protectable water right. The Court, however, allowed the practice to continue through a high flow general provision. Because the historic use is not a water right, it does not have a priority date, and the use is junior to all existing and future water rights.

The SRBA Final Unified Decreed includes the following provision governing the use of high flow within the Lemhi River Basin: “The practice of diverting high flows in the Lemhi Basin, in addition to diverting decreed and future water rights that may be established pursuant to statutory procedures of the State of Idaho, is allowed provided:

(a) the waters so diverted are applied to beneficial use, and

(b) existing decreed rights and future appropriations of water are first satisfied.”

Persons who own irrigation water rights decreed in the SRBA and who historically diverted natural flow may continue the practice of diverting high flow provided the water is put to beneficial use and all existing water rights are being satisfied.

No. Section II.6 expressly reaffirms that water rights diverted from streams listed as separate streams in the SRBA Basin 74 Separate Streams General Provision “shall be administered separately from all other water rights in Basin 74 in accordance with the prior appropriation as established by Idaho law.”

No. Combined administration is an existing requirement that predates the Settlement Agreement. The SRBA Court determined the Basin 74 Separate Streams General Provision is only binding on water rights within the Lemhi River Basin. Since the Wild and Scenic water rights are located outside the Lemhi River Basin, the separate streams provision does not apply to those water rights.

The term “Lemhi stream flow maintenance water right” refers to a perfected water right for the historic use of high flow ancillary to decreed Lemhi River Basin irrigation water rights (“base rights”). The stream flow maintenance legislation allows irrigators in the Lemhi River Basin to perfect a water right for their historic high flow practice – something they have not been able to do in the past.

Applications for stream flow maintenance water rights are limited to the amount of actual historic beneficial use not to exceed the existing ditch capacity on August 25, 2014.

A bypass flow refers to a specific amount of flow that must be in a stream at a designated point before water may be diverted under a water right containing a bypass flow condition.

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