Official Government Website
IDAPA 37.03.07 – SCA Rules; Rule 61: Minimum Standards for Suction Dredges and Non-Powered Sluice Equipment
Rulemaking
- IDAPA 37.01.01 – Rules of Procedure
- IDAPA 37.02.01 – Comprehensive State Water Plan Rules
- IDAPA 37.02.03 – Water Supply Bank Rules
- IDAPA 37.02.04 – Tribal Water Supply Bank Rules
- IDAPA 37.03.01 – Adjudication Rules
- IDAPA 37.03.02 – Beneficial Use Exam Rules
- IDAPA 37.03.03 – Underground Injection Well Construction Rules
- IDAPA 37.03.04 – Drilling for Geothermal Resources Rules
- IDAPA 37.03.05 – Mine Tailings Impoundment Structures & IDAPA 37.03.06 – Safety of Dams Rules
- IDAPA 37.03.06 – Safety of Dams Rules
- IDAPA 37.03.07 – SCA Rules; Rule 61: Minimum Standards for Suction Dredges and Non-Powered Sluice Equipment
- IDAPA 37.03.07 – Stream Channel Rules
- IDAPA 37.03.08 – Water Appropriation Rules
- IDAPA 37.03.09 – Well Construction Rules
- IDAPA 37.03.10 – Well Driller Licensing Rules
- IDAPA 37.03.11 – Conjunctive Management Rules
- IDAPA 37.03.12 – Water District 34 Rules
Notice
Water right changes made under the provisions of a drought declaration expire at the end of the current year unless extended or terminated by the IDWR Director.
IDAPA 37.03.07
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.
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
- Idaho Admin. Bulletin Vol. 21-12 – December 1, 2021 (SCA Pending Rules page 36)
- IWRB Resolution Authorizing Pending Rule Publication – November 19 , 2021
- Idaho Admin. Bulletin Vol. 21-9 – September 1, 2021 (SCA Proposed Rule pages 108 – 132)
- IWRB Resolution Authorizing Proposed Rule Publication – August 27, 2021
- Stakeholder Notice Email – August 24, 2021
- Sneak Peek of Proposed Rule – August 24, 2021
- Negotiated Rulemaking Comment & Agency Response Summary – August 24, 2021
- Stream Channel Alteration Rules – Strawman v2.0 – June 9, 2021
- Stakeholder Notice Email – June 3, 2021
- Negotiated Rulemaking Public Meeting Attendance Roster – June 2, 2021
- Negotiated Rulemaking Public Meeting Audio – June 2, 2021
- Stakeholder Notice Email – May 28, 2021
- Stakeholder Notice Email – May 4, 2021
- Negotiated Rulemaking Public Meeting Attendance Roster – April 27, 2021
- Negotiated Rulemaking Public Meeting Presentation – April 27, 2021
- Negotiated Rulemaking Public Meeting Audio – April 27, 2021
- Stream Channel Alteration Rules – Strawman – April 16, 2021
- Representative Giddings Email – April 15, 2021
- Higdem Email – April 13, 2021
- 37.03.07.61 Notice of Negotiated Rulemaking – March 5, 2021
- 37.03.07.61 Prospective Analysis Document – March 5, 2021
- 37.03.07.61 Rulemaking Recommendation Memo – February 26, 2021
- House Resources Committee Minutes – February 5, 2020
- Representative Giddings Response Memo – February 5, 2020
- Chase and Spackman Staff Memo – February 2, 2020
- Senator Crabtree Response Memo – January 27, 2020
- House Resources Committee Minutes – January 15, 2020
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.
- Email from Idaho Conservation League – September 22, 2021
- Letter from Gary Bowling – June 22, 2021
- Email from Gay Richardson – June 22, 2021
- Letter from Friends of the Clearwater – June 22, 2021
- Email from Idaho Conservation League – June 22, 2021
- Email from Idaho Department of Environmental Quality – June 22, 2021
- Email from Idaho Department of Lands – June 17, 2021
- Email from Brian Koch – June 15, 2021
- Email from Wayne Crowder – June 14, 2021
- Letter from Pat Finnegan – June 2, 2021
- Email from Gary Bowling – June 2, 2021
- Email from Richard Wist – May 28, 2021
- Letter from Idaho Department of Lands – May 14, 2021
- Letter from Mount Pisgah Mining District – May 14, 2021
- Letter from Jann Higdem – May 14, 2021
- Email from National Oceanic and Atmospheric Administration – May 14, 2021
- Email from Robert Taylor – May 14, 2021
- Letter from Gary Bowling – May 13, 2021
- Email from Michael Edmondson – May 11, 2021
- Letter from Idaho Conservation League – May 6, 2021
- Email from Idaho Dept of Environmental Quality – May 4, 2021
- Email from Larry Domingo – April 29, 2021
- Email from Ron Miller – April 28, 2021
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
Idaho Administrative Code
Hearing Procedures
Overview of IWRB & IDWR Contested Case Processes
Terminology
CurtailmentReducing or restricting the use of surface or groundwater based on priority date.
Delivery CallA 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.
See IDAPA 37.03.11 for more detail.
Mitigation PlanA 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.
See IDAPA 37.03.11 for more detail.