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
- Negotiated Rulemaking Meeting Audio – 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
- 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.- Sarah W. Higer for Surface Water Coalition email – May 31, 2023
- Idaho Water Resource Board email – May 30, 2023
- Rebecca Voss, J.R. Simplot Co. email – May 30, 2023
- Dylan B. Lawrence, Varin Thomas email – May 30, 2023
- Rebecca Voss, J.R. Simplot Co. email – May 12, 2023
- Scott N. Pugrud, Idaho Power Company email – May 11, 2023
- Idaho Water Resource Board email – May 11, 2023
- Michael P. Lawrence for Veolia Water Idaho, Inc. email – May 11, 2023
- Candice M. McHugh, McHugh Bromley, PLLC email – May 11, 2023
- Dylan Lawrence, Varin Thomas email – May 9, 2023
- Schroeder Law Offices, P.C. email – 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
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