Idaho Admin. Code r. 37.03.08.035

Current through September 2, 2024

Section 37.03.08.035 - APPLICATION REQUIREMENTS

01.General Provisions.

a. An application must be filed:

i. On the Department form titled "Application for Permit to Appropriate the Public Waters of the State of Idaho," with any application attachments;

ii. In accordance with IDAPA 37.01.01, "Rules of Procedure of the Idaho Department of Water Resources," Section 053, either on paper, digitally in PDF format, or through the Department's online filing process;

iii. With the applicable filing fee prescribed in Section 42-221A, Idaho Code; and

iv. With all necessary information under Subsection 035.03.

b. The filing fee in Section 42-221A, Idaho Code, is based on the total rate (in cfs) or the total storage volume (in af) to be appropriated. Whenever the application diversion rate and storage volume elements lead to a different filing fee, the higher amount is the applicable filing fee.

c. The Department will determine whether an application is acceptable for filing under Subsection 035.03 or if it requires clarification or correction.

d. When an application is not acceptable for filing under Subsection 035.03, the Department will not accept the application and will proceed as directed in Section 42-204, Idaho Code. Filing fees for an unacceptable application will be refunded to the applicant if the application is not timely clarified or corrected. An unacceptable application does not establish a priority date.

e. When an application is accepted for filing but requires clarification or correction of the information required by Subsection 035.03, the Department will proceed as directed in Section 42-204, Idaho Code.

02.Effect of an Application.

a. The priority date of an application is the time and date the Department receives the application in a form acceptable for filing with the statutory filing fee. The priority date of the application remains fixed unless changed by an action of the Director in accordance with applicable law.

b. An application is not a water right and does not authorize diversion or use of water until approved by the Director in accordance with the laws in effect at the time the application is approved.

c. An applicant's interest in an application is personal property. An applicant may convey (assign) its interest in an application to another party or entity. The person or entity to whom the application is conveyed must notify the Department of the assignment, in writing, within thirty (30) days after the assignment and notify other parties in the contested case pursuant to IDAPA 37.01.01, "Rules of Procedure of the Idaho Department of Water Resources," Section 202.

03.Requirements for Applications Acceptable for Filing. An application is acceptable for filing if it is filed in a manner stated in Paragraph 035.01.a. and includes the following information:.

a. Applicant's name and mailing address.

i. If the applicant is a corporation, also include the names of all directors.

ii. If the applicant is a partnership, limited liability company, or joint venture, also include the names of all partners or members and the name of the managing partner or member, if any.

b. Source of water to be appropriated.

i. Identify only one (1) water source unless the application is for a single interconnected system that will divert water from more than one (1) source.

ii. For a surface water source, include the official geographic name listed on the United States Geological Survey (USGS) Quadrangle map. If the surface water source is not named on the USGS Quadrangle map, describe it as an unnamed water body, such as "unnamed stream." For surface water sources, also identify the first named stream or river to which the source is tributary. If the water source sinks into the ground prior to reaching a stream named on the USGS Quadrangle map, describe the "tributary to" stream as "sinks." If the water source flows into a stream named on the USGS Quadrangle map for part of the year and sinks into the ground for the other part of the year, identify the "tributary to" stream as the named stream on the USGS Quadrangle map.

iii. For a water source under the ground surface, identify the source as "ground water."

iv. For a low temperature geothermal resource, state how the source will be used primarily for its heat value and secondarily for its value as water or how the use qualifies for an exemption pursuant to Section 42-233(1), Idaho Code.

v. For an application within the Swan Falls Trust Water Area, state if the application is seeking unappropriated water or a reallocation of trust water.

c. Legal description of the point of diversion and place of use.

i. Describe the location of the point of diversion and the place of use to the nearest forty (40) acre subdivision or United States Government Lot of the Public Land Survey System.

ii. Subdivision names, lot and block numbers, and any name in local common usage for the point of diversion or place of use may be included.

iii. If irrigation use is proposed, state the number of acres to be irrigated to the nearest whole acre in each forty (40) acre subdivision of the place of use. For an application proposing irrigation of less than ten (10) acres, acreage shall be shown to the nearest one-tenth (0.1) acre. The number of acres per forty (40) acre subdivision is not required when the place of use is a generally described place of use for an existing water right or permit. If the proposed place of use is a generally described place of use with an established digital boundary authorized by a water right or permit, state the name of the generally described place of use, list the water right number serving the generally described place of use, attach a map depicting the generally described place of use boundary, and state the total number of acres to be irrigated.

iv. If the application proposes water use for municipal purposes or fire protection by a municipal provider within a service area, the service area need not be described by legal description. Describe the service area in terms sufficient to identify the general location where water will be used and attach a map depicting the service area.

d. Quantity of water to be diverted.

i. Include the rate of flow in cfs or the volume of water to be stored in af per year for each beneficial use proposed, using values with a maximum of three (3) significant figures with no more precision than hundredths for rate and tenths for volume.

ii. For an application to store water, the maximum af per year may not exceed the storage facility capacity unless the application includes a plan of operation for filling the facility more than once per year. The refill plan may include refills for seepage, evaporation, use from storage, and other purposes the applicant intends to replace in the storage facility throughout the year.

iii. For an application to store water in an off-stream storage facility. include a maximum rate of diversion to storage and the total storage volume.

e. Beneficial use of water.

i. Describe the proposed use of water. When a narrative or other application material describes details of the proposed use, the description used in the purpose of use field may be in general terms such as irrigation, industrial, or municipal.

ii. For a municipal purposes application, attach a complete "Municipal Water Right Application Checklist." The "Municipal Water Right Application Checklist" is a form available on the Department's website or from the Department upon request.

iii. For a municipal purposes application that proposes to appropriate water for reasonably anticipated future needs, include justification for the planning horizon, the anticipated service area at the end of the planning horizon, the anticipated population within the anticipated service area at the end of the planning horizon, and the anticipated water demand within the anticipated service area at the end of the planning horizon. Also include a gap analysis showing the extent to which an existing water right will not be sufficient to meet the anticipated water demand at the end of the planning horizon.

iv. For a municipal purposes application that does not propose to appropriate water for reasonably anticipated future needs, include a water requirement narrative with a map of the service area, current water needs, water needs after five (5) years, and any existing plan for conveying ownership of the water right to a subdivision homeowner's association or entity other than individual land parcel owners.

v. For an application proposing multi-home domestic use where the applicant intends to convey a portion of the place of use land to an individual parcel or lot owner, describe the applicant's plan, if any, to keep the permit in single ownership by conveying the permit to a homeowner's association, water system operator, or other entity prior to conveying an individual parcel or lot with an appurtenant portion of the permit.

f. Period of use.

i. A period of use must be listed for each beneficial use proposed in the application.

ii. For irrigation use, the period must coincide with the annual season of use established by the Department. The Department established irrigation season of use is available on the Department's website or from the Department upon request. If a longer season of use is proposed, the application must justify that the longer season of use is necessary.

g. Description of the project works.

h. Any other water right used at the place of use for the same purpose. Include the water right number or name of the delivery organization, such as a municipal provider, canal company, irrigation district, or other delivery entity that supplies water for the proposed use at the proposed place of use. Also state if the applicant is entitled to distribution of water from a water delivery entity, but the entity's distribution system is not capable of delivering water to the proposed place of use.

i. Ownership or other legal access to the point of diversion, place of use, and conveyance system. If a person or entity other than the applicant owns the land at the point of diversion, place of use, or where the conveyance system will be established, include a description of the arrangement enabling the applicant to access the land for the purpose proposed in the application.

j. Period of time required to complete project works and apply water to beneficial use. While a permit holder may request a permit development period extension pursuant to Section 42-204, Idaho Code, the period of time stated on an application may not exceed five (5) years unless the application proposes municipal purposes for reasonably anticipated future needs.

k. Map or plat of sufficient scale to show the proposed project.

l. Applicant's signature or evidence to show the signatory has authority to sign on behalf of the applicant.

i. For an application in more than one (1) name, each applicant must sign the application unless "or" connects the applicant names.

ii. For an application by a corporation, company, municipality, governmental entity or organization, or other organization, include the signature and title of an officer of the corporation or company or an elected official of the municipality or an individual authorized by the governmental entity or agency or other organization to sign the application. Alternatively, the application may be signed by an authorized agent of the applicant in accordance with Subparagraph 035.03.l.iii.

iii. If the signatory is an authorized agent of the applicant, include a power of attorney or other documentation demonstrating the signatory has authority to sign on behalf of the applicant. If the signatory is a licensed attorney, power of attorney or other documentation is not required.

04.Amended Applications.

a. An applicant or the applicant's agent must amend an application if the applicant intends to change the purpose of use, period of use, amount of diversion, point of diversion, place of use, or make other substantial changes. The Department may clarify a source or tributary name or the irrigation period of use that do not meet Paragraphs 035.03.b. and 035.03.f. requirements by documenting the official record without requiring the applicant to amend the application.

b. An applicant or the applicant's agent may amend an application to clarify the name of the source of water but may not amend an application to change the source of water.

c. An applicant or the applicant's agent may not amend a municipal purposes application not originally seeking water for reasonably anticipated future needs to seek water for reasonably anticipated future needs.

d. An amendment that increases the rate of diversion, increases the volume of water diverted per year, lengthens the period of use, or adds an additional beneficial use will result in the Department changing the priority date to the date the Department received the amended application.

e. An applicant or the applicant's agent may amend an application by:

i. Striking each item to be changed on the original application form and initialing and dating each change;

ii. Filing a new application form designated as an amended application; or

iii. Changing an application electronically via the Department's online filing process.

f. If an amendment increases the total diversion rate or total storage volume requested, the amended application must include any additional filing fee required by Section 42-221A, Idaho Code.

g. If the applicant's name or mailing address changes, the applicant or the applicant's agent must notify the Department of the change in writing.

Idaho Admin. Code r. 37.03.08.035

Effective July 1, 2024