IDAPA 37.01.01
The IWRB and IDWR are negotiating these rules as part of their requirement to review each rule every 5 years consistent with the Governor’s Zero-Based Regulation Executive Order 2020-01.
On March 18, 2022, the 2022 Legislature adopted the Pending Rule for this rulemaking as “final and effective” thus concluding this rulemaking process.
Scheduled Meetings and Deadlines
Documents
- 37.01.01 Notice of Rulemaking – Adoption of Pending Fee Rule – December 1, 2021
- 37.01.01 Published Proposed Rule – October 13, 2021
- 37.01.01 Proposed Rule Text – August 31, 2021
- 37.01.01 Proposed Draft Rule Text (version with markups compared to Strawman v2.0 ) – August 31, 2021
- 37.01.01 Notice of Rulemaking – Proposed Rule – August 30, 2021
- 37.01.01 Second Procedural Rulemaking Response to Public Comments– August 30, 2021
- 37.01.01 Scheduling Email – June 24, 2021
- 37.01.01 Negotiated Rulemaking Meeting Audio – June 23, 2021
- 37.01.01 Preliminary Draft Rule – Strawman v2.0 – June 15, 2021
- 37.01.01 Procedural Rulemaking Response to Public Comments – June 15, 2021
- 37.01.01 Scheduling Email – June 14, 2021
- 37.01.01 Scheduling Email – May 13, 2021
- 37.01.01 Negotiated Rulemaking Meeting Audio – May 12, 2021
- 37.01.01 Preliminary Draft Rule Text (version with markups) – April 9, 2021
- 37.01.01 Preliminary Draft Rule Text – April 9, 2021
- 37.01.01 Notice of Negotiated Rulemaking – March 5, 2021
- 37.01.01 Rulemaking Recommendation Memo – March 1, 2021
- 37.01.01 Prospective Analysis Document
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.
- Letter from City of Pocatello – July 7, 2021
- Suez Comments and Edits on Strawman 2.0 – July 7, 2021
- Email from Norman Semanko – July 7, 2021
- Email from Andy Waldera – July 6, 2021
- Letter from Association of Idaho Cities – June 29, 2021
- Letter from Association of Idaho Cities – June 29, 2021
- Email from Sun Valley Company – May 26, 2021
- Letter from Association of Idaho Cities (AIC) – May 26, 2021
- Letter from City of Pocatello – May 26, 2021
- Email from J.R. Simplot Company – May 26, 2021
- Email from Suez Water Company – May 26, 2021
- Email from Office of the Solicitor, DOI – May 25, 2021
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
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
