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Domestic Exemption

Domestic Exemption Overview

The 2025 Idaho Legislature passed Senate Bill 1083a revising several statutes dealing with domestic uses of water, shared wells, and subdivisions. On February 17, 2026, Governor Little signed Senate Bill 1222, which further revised the statutes dealing with ground water wells and domestic uses. These statutory changes became effective on February 17, 2026. The changes to Idaho Code §§ 42-111 and 42-227 modified the requirements for establishing a water right for domestic purposes without applying to the Department of Water Resources (“IDWR”) for a permit.  This opportunity is sometimes called the “domestic exemption.” 

From this page, you can review the guidance IDWR issued to its staff members to help them apply the statutory changes affecting the domestic exemption. IDWR staff members will rely on this guidance to answer questions about the domestic exemption.

As experience with the revised statutes expands over time, IDWR may update its guidance to staff as needed to address frequently asked questions.

As revised by Senate Bill 1222 in 2026, Idaho Code § 42-111 states:

42-111 DOMESTIC PURPOSES DEFINED

(1) For purposes of sections 42-221, 42-227, 42-230, 42-235, 42-237a, 42-242, 42-243, and 42-1401A, Idaho Code:

       (a) (i) “Domestic purposes” or “domestic uses” means:

1.  The use of water for homes, organization camps, public campgrounds, livestock, and for any other purpose in connection therewith, including irrigation of up to one-half (1/2) acre of land, if the total use does not exceed thirteen thousand (13,000) gallons per day; or
2.  The use of water for any other purpose, if the total use does not exceed a diversion volume of two and eight-tenths (2.8) acre feet per year.
(ii)  “Domestic purposes” or “domestic uses” shall not include water for the following purposes, unless the use meets the diversion volume limitations set forth in paragraph (a)(i)2. of this subsection:
1.  Mobile home parks or recreational vehicle parks;
2.  Apartments, condominiums, and similar developments with multiple dwelling units;
3.  Subdivisions, except as provided in subsection (3) of this section; or
4.  Commercial or business establishments or mixed-use establishments where the water is used primarily for commercial or business purposes.
(b)  “In-home use” means the utilization of water within a residence or household, including all activities that require water, such as drinking, cooking, bathing, and cleaning within and around the household. It does not include irrigation of lawns, gardens, landscaping, pastures, or other open spaces.
(c)  “Subdivision” means a tract of land divided into five (5) or more lots, parcels, or sites for the purpose of sale or building development, whether immediate or future; provided that this definition shall not include a bona fide division or partition of agricultural land for agricultural purposes. For purposes of this paragraph, “bona fide division or partition of agricultural land for agricultural purposes” means the division of land into lots, all of which are five (5) acres or larger and maintained as agricultural lands.
(2)  Except as provided in subsection (3) of this section, multiple water rights for domestic uses or domestic purposes shall not be established or exercised in a manner to satisfy a single combined water use or purpose that would not itself come within the definition of a domestic use or purpose under this section. The purpose of this limitation is to prohibit the diversion and use of water, under a combination of domestic purposes or domestic uses as defined in this section, to provide a supply of water for a use that does not meet the exemption of section 42-227, Idaho Code, and is required to comply with the mandatory application and permit process for developing a right to the use of water pursuant to chapter 2, title 42, Idaho Code.
(3)  Multiple water rights for domestic purposes or uses may be established and exercised from the same point or points of diversion if the use is limited to residential, in-home use. This subsection does not affect any other permitting requirement or other requirement that may apply to the use of water within a subdivision.
 

As revised by Senate Bill 1222 in 2026,  Idaho Code § 42-227 states:

42-227.  Drilling and use of wells for domestic purposes excepted. 
 
(1) Except as provided in subsection (4) of this section, excavation and opening of wells and the withdrawal of water therefrom for domestic purposes or uses as defined in section 42-111, Idaho Code, shall not be subject to permit requirements under section 42-229, Idaho Code. Rights to ground water for such domestic purposes may be acquired by withdrawal and use.
(2)  Wells and withdrawal devices for domestic purposes or uses shall be subject to inspection by the department of water resources and the department of environmental quality.
(3)  Well drillers shall be licensed pursuant to the licensing provisions of section 42-238, Idaho Code.
(4)  For purposes of new diversions for use within subdivisions, as defined in section 42-111, Idaho Code, where the completed application to develop the subdivision is filed pursuant to chapter 65, title 67, Idaho Code, on or after July 1, 2025, in any area where the director of the department of water resources has issued a moratorium order on the development of new water rights or has designated a critical ground water area or ground water management area, a permit pursuant to section 42-229, Idaho Code, shall be required for the diversion of water for any new domestic purposes or uses, as defined in section 42-111, Idaho Code, other than for in-home uses, as defined in section 42-111, Idaho Code, or watering livestock.

Administrator’s Memorandum | Application Processing No. 80 & Adjudication No. 62: Guidance for Implementing Revised Statutes for Domestic Uses

The following documents are tools to help determine whether water use is exempt or requires a permit under Idaho Code § 42-111:

Domestic Exemption Flow Chart

Domestic Exemption Decision Table

Mapping Tool

To understand whether your proposed water use qualifies for the domestic exemption, you must know whether it will be located in a moratorium area, a critical ground water area, or a ground water management area. To help you determine whether your well will be in one of those regulated areas, visit the easy-to-use Moratoriums and Areas of Regulated Ground Water Development mapping tool. 

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