Official Government Website

Mine Tailings Impoundment Structure & Safety of Dams Rules

IDAPA 37.03.05 – Mine Tailings Impoundment Structure & IDAPA 37.03.06 – Safety of Dams

The IWRB is negotiating these rules as part of its requirement to review each rule every 5 years consistent with the Governor’s Zero-Based Regulation Executive Order 2020-01.

During this review process IDAPA 37.03.05 and IDAPA 37.03.06 are being modified and combined into one single rule chapter.

Scheduled Meetings and Deadlines

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Deadline to submit public comments to the Department: June 17, 2022.
The deadline to request participation in the second rulemaking public meeting is July 5, 2022. To sign up to attend the meeting via telephone/videoconference or to ask questions about the July 7, 2022 public meeting, please email or call Sarah Tschohl at  or (208) 287-4800. The meeting will begin on time and end when no additional discussion is taking place or public comments are being made. 



Deadline to submit public comments to the Department: June 17, 2022. Comments may be sent by email or mail to 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.


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.

Idaho Constitution
Idaho Statute
Idaho Administrative Code

Hearing Procedures

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