File a Transfer Application

Review this checklist for other documents you might need to complete the process.

1. Who owns the water right?

   • Is the applicant a business, partnership, organization, or association, and not currently registered in the State of Idaho as a business entity?
     • if YES  Attach documentation identifying officers authorized to sign or act on behalf of right holder.
   • Do IDWR records show the transfer applicant as the current water right owner?
     • if NO  Attach water right ownership documentation.
   • Will the ownership of the water right change as a result of the proposed transfer to a new place of use?
     • if YES  Attach documentation showing land and water right ownership at the new place of use. Include documentation for all affected land and owner(s).
   • Attach notarized statement of agreement or a statement on official letterhead signed by an authorized representative from each lien holder or other entity with financial interest in the water right(s) or land affected by the proposed transfer.

2. Who has authority to act for the water right owner or applicant?

   • Is the applicant the water right owner?
     • if NO  Attach documentation of authority to make the change.
   • Attach Power of Attorney or documentation providing authority to sign or act on the applicant’s behalf.

3. Where will the proposed change take place?

   • Attach a map identifying the proposed point(s) of diversion, place(s) of use, and water diversion and distribution system details as described on the application. Include legal description labels. If only a portion of the right is proposed to be changed, identify the current location of the part of the existing right(s) proposed to be changed.
     • Create a map
   • Does the transfer application propose to change the place or purpose of use of an irrigation right?
     • if YES  Attach a Geographic Information System (GIS) shape file, an aerial photo, or other image clearly delineating the location and extent of existing acres and changes to the place of use.

4. How will injury and enlargement be prevented?

   • Does the transfer application proposes to change the nature of use or period of use for one or more rights?
     • if YES  Provide documentation describing the extent of beneficial use for the water rights proposed to be transferred and document how enlargement will be prevented.
   • Does the transfer application propose to change the point of diversion for a water right affecting the Eastern Snake Plain Aquifer (ESPA)?
     • if YES  Attach the results of an ESPA analysis and a detailed mitigation plan to offset any depletions to hydraulically-connected reaches of the Snake River.
     • ESPA Modeling Tools
   • Does the transfer application propose to change the place of use of a supplemental irrigation right?
     • if YES  Provide documentation describing the historic use of the supplemental rights and availability or reliability of the primary right(s) being supplemented, both before and after the proposed change.

1. Complete the appropriate application form.
   
   • Application for Transfer of Water Right
     Use this standard form for all changes.
2. When proposing to change a portion of more than one water right, complete a Part 2B page for each additional water right that you propose to split.
   • Part 2B
3. Print and sign the application.

1. Attach all documentation from STEP 1, STEP 2, and STEP 3.
2. Determine the appropriate filing fee and attach the payment to the documentation.
   • Fee Schedule: Application for Transfer or Exchange
   Additional fees are required for water right ownership changes and proposed changes to nature of use.
    
3. Mail your completed application packet with payment to the IDWR office in your region.