Water Appropriation Rules

IDAPA 37.03.08

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.

Scheduled Meetings and Deadlines

Documents

Email of 37.03.08 Current Rule and Pending Rule Crosswalk – January 22, 2024
Email of 37.03.08 Pending Rule – January 4, 2024
37.03.08 Current Rule and Pending Rule Crosswalk – January 3, 2024
IDWR Third Response to Public Comments on Water Appropriation Rules – January 3, 2024
IDAPA 37.03.08 – Notice of Rulemaking – Pending Rule – January 3, 2024
Pending Rule – January 3, 2024
Pending Rule with Redline – January 3, 2024
37.03.08 Current Rule and Proposed Rule Crosswalk – October 20, 2023
Notice of Proposed Rule and IDWR Second Response Email – October 5, 2023
IDWR Second Response to Public Comments on Water Appropriation Rules – October 4, 2023
IDAPA 37.03.08 – Notice of Rulemaking – Proposed Rule – October 4, 2023
Proposed Rule Text – October 4, 2023
Negotiated Rulemaking Stakeholders – July 28, 2023
Negotiated Rulemaking Meeting Audio – July 26, 2023
- Negotiated Rulemaking Meeting Virtual Attendance Sheet – July 26, 2023
- Negotiated Rulemaking Meeting In-Person Attendance Sheet – July 26, 2023
Public Meeting Presentation – July 26, 2023
Email of 37.03.08 Strawman v 2.0 Cross-Reference Chart – July 19, 2023
37.03.08 Current Rule and Draft (Strawman v 2.0) Rule Cross-Reference Chart – July 18, 2023
Scheduling Email – June 30, 2023
IDWR First Response to Public Comments on Water Appropriation Rules – June 30, 2023
Preliminary Draft Rule (Strawman v 2.0) – June 30, 2023
Preliminary Draft Rule (Strawman v 2.0) with Redline – June 30, 2023
Negotiated Rulemaking Meeting Audio – June 15, 2023
- Negotiated Rulemaking Meeting Virtual Attendance Sheet – June 15, 2023
- Negotiated Rulemaking Meeting In-Person Attendance Sheet – June 15, 2023
Public Meeting Presentation – June 15, 2023
Public Meeting Handout – June 15, 2023
Negotiated Rulemaking Meeting Audio – May 22, 2023
- Negotiated Rulemaking Meeting Virtual Attendance Sheet – May 22, 2023
- Negotiated Rulemaking Meeting In-Person Attendance Sheet – May 22, 2023
Public Meeting Presentation – May 22, 2023
Public Meeting Handout: Comments Summary – May 22, 2023
Scheduling Email – April 26, 2023
IDAPA 37.03.08 Current Rule and Preliminary Draft Rule Cross-Reference Chart – April 20, 2023
Scheduling Email and Follow Up to April 14, 2023 Meeting – April 20, 2023
Negotiated Rulemaking Meeting Audio – April 14, 2023
- Negotiated Rulemaking Meeting Virtual Attendance Sheet – April 14, 2023
- Negotiated Rulemaking Meeting In-Person Attendance Sheet – April 14, 2023
Public Meeting Presentation – April 14, 2023
Preliminary Draft Rule (Strawman v1.0) – April 10, 2023
Preliminary Draft Rule (Strawman v1.0) with Redline – April 10, 2023
IDAPA 37.03.08 – Notice of Intent to Promulgate Rules – Zero-Based Regulation Negotiated Rulemaking (Admin. Bulletin Vol. 23-4) – April 5, 2023
IDAPA 37.03.08 Prospective Analysis – December 5, 2022
IDAPA 37.03.08 Recommendation Memo – November 30, 2022

Comments

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.

Dylan B. Lawrence, Varin Thomas email – October 25, 2023
- Dylan B. Lawerence, Varin Thomas Written Comments for Proposed Rule – October 25, 2023
Idaho Water Resource Board Written Comments for Negotiated Rulemaking Draft (Strawman v 2.0) Rule – July 28, 2023
M’Leah Woodward, U.S. Forest Service Intermountain Region (R4) Regional Office, Written Comments for Negotiated Rulemaking Draft (Strawman v 2.0) Rule – July 28, 2023
Michael P. Lawrence for Veolia Water Idaho, Inc. email – July 28, 2023
- Veolia Water Idaho, Inc. Written Comments for Negotiated Rulemaking Draft (Strawman v 2.0) Rule – July 28, 2023
T.J. Budge for Idaho Ground Water Appropriators, Inc. email – July 19, 2023
- Idaho Ground Water Appropriators, Inc. Written Comments for Negotiated Rulemaking Draft (Strawman v 2.0) Rule – July 19, 2023
Sarah W. Higer for Surface Water Coalition email – July 18, 2023
- Surface Water Coalition Written Comments for Negotiated Rulemaking Draft (Strawman v 2.0) Rule – July 18, 2023
Dylan B. Lawrence, Varin Thomas email – July 17, 2023
- Dylan B. Lawrence, Varin Thomas Written Comments for Negotiated Rulemaking Draft (Strawman v 2.0) Rule – July 17, 2023
Schroeder Law Offices, P.C. email – June 29, 2023
- Schroeder Law Offices, P.C. Written Comments for Negotiated Rulemaking Rules 1, 10, and 45.01 – June 29, 2023
Sarah W. Higer for Surface Water Coalition email – May 31, 2023
- Surface Water Coalition Written Comments for Negotiated Rulemaking Rules 40.05, 45.02, and 45.03 – May 31, 2023
Idaho Water Resource Board email – May 30, 2023
- Idaho Water Resource Board Written Comments for Negotiated Rulemaking Rules 45.02 and 45.03 – May 30, 2023
Rebecca Voss, J.R. Simplot Co. email – May 30, 2023
- J.R. Simplot Co. Written Comments for Negotiated Rulemaking Rule 40.05 – May 30, 2023
Dylan B. Lawrence, Varin Thomas email – May 30, 2023
- Dylan B. Lawrence, Varin Thomas Written Comments for Negotiated Rulemaking Rules 40.05, 45.02, and 45.03 – May 30, 2023
Rebecca Voss, J.R. Simplot Co. email – May 12, 2023
- J.R. Simplot Co. Written Comments for Negotiated Rulemaking Rules 10, 25, 35, 40.01, 45.01, and 55 – May 12, 2023
Scott N. Pugrud, Idaho Power Company email – May 11, 2023
- Idaho Power Company Written Comments for Negotiated Rulemaking Rules 10, 25, 30, 36, 40.02-.05, 45.02, 50, and 55 – May 11, 2023
Idaho Water Resource Board email – May 11, 2023
- Idaho Water Resource Board Written Comments for Negotiated Rulemaking Rules 01, 10, 25, 35, 40.04-.05, 45.01, 50, and 55 – May 11, 2023
Michael P. Lawrence for Veolia Water Idaho, Inc. email – May 11, 2023
- Veolia Water Idaho, Inc. Written Comments for Negotiated Rulemaking Rules 01, 10, 25, 35, 36, 40.01-.05, and 45.01 – May 11, 2023
Candice M. McHugh, McHugh Bromley, PLLC email – May 11, 2023
- Chris M. Bromley and Candice M. McHugh, McHugh Bromley Written Comments for Negotiated Rulemaking Rules 35, 40.01-.03, and 45.02-.03 – May 11, 2023
Dylan Lawrence, Varin Thomas email – May 9, 2023
- Dylan Lawrence, Varin Thomas Written Comments for Negotiated Rulemaking Rules 10, 35, 40.01-.05.g, 45.01, 50, and 55 – May 9, 2023
Schroeder Law Offices, P.C. email – May 4, 2023
- Schroeder Law Offices, P.C. Written Comments for Negotiated Rulemaking Rules 10, 35, and 45.01 – May 4, 2023
Steven M. Spencer, U.S. Forest Service Northern Region, Comments for Negotiated Rulemaking – April 10, 2023
Clive J. Strong Written Comments for Negotiated Rulemaking Rule 45.01 – January 25, 2023

Terminology

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.