In 2019, Governor Brad Little issued executive order 2019-02, instructing all state agencies to “undertake a critical and comprehensive review of the agency’s administrative rules to identify costly, ineffective, or outdated regulations.” The Governor titled his effort the “Red Tape Reduction Act.” The IWRB and IDWR undertook a series of rulemaking actions in 2019 and 2020 to carry out the Governor’s red tape reduction (“RTR”) rulemaking effort.
Also in 2019, for the first time in recent memory, the legislature did not pass a “going home bill” reauthorizing all of Idaho’s administrative rules as required by Idaho Code § 67-5292. Idaho law requires the legislature to reauthorize all administrative rules annually, else they expire at the end of the current fiscal year (i.e., June 30).
In response to the Legislature’s non-actions, the Governor seized the opportunity to combine his RTR rulemaking effort with the temporary rulemaking requirements that resulted from the Legislature’s failure to reauthorize the administrative rules, to greatly streamline and simplify his comprehensive RTR rulemaking review and reauthorization process.
During 2019, the IWRB and IDWR carried out their RTR and temporary rulemaking actions, which resulted in the elimination of approximately 20% of their total rules and rule restrictions. The IWRB and IDWR RTR rulemaking efforts resulted in the publication of two pending omnibus rules, which they submitted for legislative review and approval during the 2020 Legislative session. The first docket, No. 37-0000-1900, contained all non-fee rule chapters in IDAPA 37. The second docket, No. 37-0000-1900F, contained all fee rule chapters in IDAPA 37. The Legislature approved Docket No. 37-0000-1900 but adjourned without approving Docket No. 37-0000-1900F. Below is a summary of the status of IDWR’s 2019 rulemaking.
Docket No. 37-0000-1900, Final Rule
- Rulemaking initiated to adopt and re-publish existing and previously approved and codified non-fee rule chapters under IDAPA 37.
Status: Approved by the Second Session of the 65th Idaho Legislature. The Rule became final and effective March 20, 2020.
Docket No. 37-0000-1900F, Pending Fee Rule
- Rulemaking initiated to adopt and re-publish existing and previously approved and codified fee rule chapters under IDAPA 37.
Status: The Second Session of the 65th Idaho Legislature was adjourned without the passage of a concurrent resolution adopting Docket No. 37-0000-1900F. On February 21, 2020, the IWRB and IDWR adopted all IDAPA 37 fee rules as temporary to be effective upon adjournment sine die of the legislative session, in the event the legislature did not adopt Docket No. 37-0000-1900F. Refer to Docket No. 37-0000-2000F under the 2020/2021 Rulemaking archived materials.
Reducing or restricting the use of surface or groundwater based on priority date.
A 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.
A 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.
Statutes & Rules
Listed below are legal considerations regarding water rights, irrigation, and floodplain management in Idaho.
- Title 42: Irrigation and Drainage — Water Rights and Reclamation
- Title 43: Irrigation Districts
- Title 46, Chapter 10: State Disaster Preparedness Act