Beneficial Use Exam Rules

IDAPA 37.03.02

IDWR 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

Public Meeting Agenda – July 22, 2024
Notice of Intent, Negotiated Rulemaking – May 6, 2024
Public Meeting Agenda – May 6, 2024

Documents

37.03.02 Proposed Rule
Oct 2024 Bulletin
Negotiated Rulemaking Meeting Audio- July 22, 2024
- Negotiated Rulemaking Meeting In-Person Roster- July 22, 2024
- Negotiated Rulemaking Meeting Virtual Attendees- July 22, 2024
- Negotiated Rulemaking Meeting Slideshow- July 22, 2024
Draft Beneficial Use Exam Rules (Strawman REV2 Clean) – July 22, 2024
Draft Beneficial Use Exam Rules (Strawman REV2 with Redlines) – July 22, 2024
Negotiated Rulemaking Meeting Audio –May 06, 2024
- Negotiated Rulemaking Meeting In-Person Attendance Sheet -May 06, 2024
- Negotiated Rulemaking Meeting Virtual Attendees -May 06, 2024
Draft Beneficial Use Exam Rules (Strawman REV1 Clean) – May 3, 2024
Draft Beneficial Use Exam Rules (Strawman REV1 with Redlines) – May 3, 2024

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.

Written Comments from Elmore County – August 4, 2024
Written Comments from Veolia Water Idaho, Inc. – July 12, 2024
Written Comments from the Nez Perce Tribe – July 3, 2024
Written Comments from T.J. Budge – July 1, 2024
Written Comments from the Nez Perce Tribe – May 24, 2024
Written Comments from ERO Resources Corporation – May 24, 2024
Written Comments from the Idaho Water Resource Board – May 23, 2024
Written Comments from Idaho Ski Areas Association – May 15, 2024
Written Comments from Intermountain Sewer and Water Corp – May 09, 2024
Written Comments from Bill Turner – May 03, 2024

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.