Official Government Website

IDWR Rulemaking 2020/2021

In 2020, for the second year in a row, the Legislature adjourned without passing a “going home bill” reauthorizing all of Idaho’s administrative rules. As a result, the IWRB and IDWR adopted all of their fee rules as temporary rules to ensure their effectiveness. The Temporary Fee rules were published as Docket No. 37-0000-2000F. To ensure on-going authorization, the Temporary Fee Rules were also published as Proposed and Pending Rules and submitted to the Idaho Legislature for review during the 2021 session.

Docket No. 37-0000-2000F, Temporary Fee Rule

  • Rulemaking initiated to adopt IDAPA 37 fee rule chapters as they were presented in the pending rule docket adopted by the IWRB and IDWR in 2019 and submitted to the Second Regular Session of the 65th Idaho Legislature for review as a temporary rule.

    Status: Temporary fee rules adopted by the IWRB and IDWR on February 21, 2020. Effective March 20, 2020. These Rules were published in the Administrative Bulletin Vol. 20-4SE, April 15, 2020.

Docket No. 37-0000-2000F, Proposed Fee Rule

Docket No. 37-0000-2000F, Pending Fee Rule

Terminology

A1
Curtailment

Reducing or restricting the use of surface or groundwater based on priority date.

Delivery Call

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.

Mitigation Plan

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.

Idaho Constitution
Idaho Statute
Idaho Administrative Code

Hearing Procedures

Overview of IWRB & IDWR Contested Case Processes

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