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
Second Rulemaking Public Meeting Regarding IDAPA 37.03.05 – Mine Tailings Impoundment Structure & IDAPA 37.03.06 – Safety of Dams
Documents
- Public Meeting Presentation—May 27, 2022
- Public Meeting Audio Recording—May 27, 2022
- Public Meeting Transcript (Unofficial)—May 27, 2022
- Public Meeting Sign-in Sheet—May 27, 2022
- Public Meeting Agenda—May 27, 2022
- Preliminary Draft Rule (Strawman v1.0)—May 23, 2022
- IDAPA 37.03.05 and 37.03.06 Rule Comparison Matrix—May 23, 2022
- Comparison of Existing IDAPA 37.03.05 and Existing IDAPA 37.03.06 Rules—May 3, 2022
- Draft Letter to Dam Owners Regarding Rulemaking Public Meeting
- IDAPA 37.03.05—Notice of Intent to Promulgate Rules – Zero-Based Regulation Negotiated Rulemaking (Admin. Bulletin Vol. 22-5)—April 11, 2022
- IDAPA 37.03.06—Notice of Intent to Promulgate Rules – Zero-Based Regulation Negotiated Rulemaking (Admin. Bulletin Vol. 22-5)—April 11, 2022
- Zero-Based Regulation Prospective Analysis
Comments
Deadline to submit public comments to the Department: June 17, 2022. 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.
- Public Comment by the Idaho Conservation League, Letter—June 17, 2022
- Public Comment by the Idaho Mining Association—June 17, 2022
- Public Comment by Alan L. Prouty, J.R. Simplot Co., Letter—June 16, 2022
- Public Comment by Lorna K. Jorgensen, Ada County Deputy Prosecuting Attorney, Letter—June 16, 2022
- Public Comment by Tami Thatcher, Letter—June 10, 2022
Terminology
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
- Title 42: Irrigation and Drainage — Water Rights and Reclamation
- Title 43: Irrigation Districts
- Title 46, Chapter 10: State Disaster Preparedness Act
