New Water Rights Application Instructions
New Water Rights Application Instructions
STATE OF IDAHO
DEPARTMENT OF WATER RESOURCES
2. Enter the full name, mailing address, telephone number, and email address of the applicant’s representative, if any.
a. Check this box if the applicant or representative agrees to receive communications regarding the application and
service of documents in accordance with Rule 53 by email.
3. Identify the source of water supply and the major stream to which it is tributary. Include the official geographic name
listed on the U.S. Geological Survey Quadrangle map for surface water. Use “unnamed stream” for unnamed bodies
of water. For a water source under the ground surface, identify the source as “ground water”.
EXAMPLES:
Source of water supply Trail Creek which is tributary to Snake River
Source of water supply unnamed stream which is tributary to Grimes Creek
Source of water supply ground water which is tributary to n/a
Identify only one (1) water source per Application for Permit form unless the application is for a single interconnected
system that will divert water from more than one (1) source.
For ground water source with a temperature greater than 85°F, answer 8.e. to have a complete application.
4. Locate the point of diversion within each 40-acre tract and/or the U.S. Government Lot of the Public Land Survey
System. Identify the county where the point of diversion is located. The point of diversion is the location where water
is being diverted from its natural course. The example below reads as: the northeast quarter of the northwest quarter
in Section 14, government lot 4 of 10 south and 14 east. See POINT OF DIVERSION EXAMPLE at end of instructions
for another example. For an online map, visit https://maps.idwr.idaho.gov/agol/ApplyingforaWaterRight/
EXAMPLE:
Govt
Twp Rge Sec Lot
¼ ¼ County Source Local name or tag #
a. Refer to the Swan Falls Trust Water Area (Trust Water Area) map below. For applications within the Trust Water
Area, check either Unappropriated Water or Reallocation of Trust Water. For applications outside the Trust Water
Area, do not check any boxes and move on to Item #5.
Unappropriated water in the Swan Falls Trust Water Area is water not set apart for or assigned a particular
beneficial use and may be available after the Snake River minimum stream flow at the Murphy Guage,
established hydropower generation rights, and all other senior water right uses are met. Use of this water may
be limited seasonally and may fluctuate from year to year.
Reallocation of trust water in the Swan Falls Trust Water Area uses water authorized for hydropower use for a
new beneficial use. Use of this water may be allowed if flows in the Snake River are above the minimum stream
flow at the Murphy Guage, the new use does not significantly reduce the amount of water available for
hydropower generation, and the use is in the public interest1.
More information about the Swan Falls Settlement can be viewed on the Department website at
https://idwr.idaho.gov/legal-actions/settlements/swan-falls/. 1
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The Trust and Non-Trust Water Areas interactive map can be viewed on the Department website at
https://maps.idwr.idaho.gov/agol/TrustandNon-TrustWaterAreas/.
5. Estimate the rate of diversion in cubic feet per second (cfs) or the amount of storage in acre-feet (af) to be used for
each purpose shown. Describe the intended use of the water and state the annual beginning and ending dates for
the diversion of water. The maximum rate needed for each purpose should be requested. For instance, the normal
maximum rate of diversion for irrigation is 0.02 cubic feet per second per acre. The customary diversion rate for
watering range cattle is 0.00022 cubic feet per second per animal, rounded to the nearest hundredth of a cubic foot
per second. Describe the rate of diversion with a maximum of three significant figures with no more precision than
hundredths (0.01) for rate and tenths (0.1) for volume.
EXAMPLES:
Amount 6.40 cfs for Irrigation purposes from Mar. 15 to Nov. 15 (both dates inclusive)
(cfs or acre-feet per year)
Amount 100 af for Irrigation Storage purposes from Jan. 1 to Dec. 31 (both dates inclusive)
(cfs or acre-feet per year)
Amount 6.40 cfs for Fish Propagation purposes from Jan. 1 to Dec. 31 (both dates inclusive)
(cfs or acre-feet per year)
If the proposed use is fish propagation, heating, cooling, power, or if the proposed flow rate exceeds 5.0 cfs, or if
proposed irrigation exceeds 200 acres, additional information may be required. Contact a Department office to
determine the requirements.
1IDAPA 37.03.08.010.15. The interests that the people of the state of Idaho have in the effects of a proposed reallocation
of trust water pursuant to Section 42-203C(2), Idaho Code. For the definition of “local public interest,” see Section 42-
202B, Idaho Code.
For irrigation use, the season of use must coincide with the Department established annual season of use. If a longer
season of use is proposed, check the appropriate box in Item #5 and include information demonstrating that the
longer season of use is necessary in Item #12 or as attached additional information. Maps describing the
Department’s standard season of use can be found in Appendix A. The Irrigation Headgate and Season of Use
interactive map can be viewed on the Department website at
https://maps.idwr.idaho.gov/agol/SeasonofUseandHeadgateRequirement/ .
Domestic may describe uses where the total use does not exceed 2,500 gal/day nor 0.04 cfs
6. State the total rate of diversion. The amount entered in Item #6 may be less than the sum total of the amounts listed
in Item #5. However, it must be at least equal to the largest amount in line Item #5. The acre-foot amount need not
be shown unless water will be stored.
EXAMPLE:
Total quantity to be appropriated is (a) 6.40 cubic feet per second (cfs) and/or (b) 100 acre-feet per year (af).
Note: If the project proposes storage of water and also a direct flow diversion, both the storage and direct flow
components can be shown on the same form.
7. a. Describe the complete diversion system using as much information as is known including the methods for which
…...water is diverted from the source, conveyed to the place of use, and applied to each use listed in section 5.
… . Include any pump, motor, ditch, pipeline, or diversion structure sizes.
b. If applying to divert water from a well, complete this information. A separate well construction permit will
also be required for a new or reconstructed well.
c. If applying to develop a use from an existing well, complete this information.
d. If applying to store water, complete this information. Depending on your proposal, a separate dam construction
permit may be required. Please indicate “yes” or “no” in the corresponding checkbox.
For applications to store water, the maximum acre-feet 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. Submit information for the refill plan in Item #12 or include in an attachment.
8. a. If applying for power generation, estimate both total head in feet and the anticipated installed power
generation capacity in kilowatts. Include an affidavit of residency. Form No. 205/206 may be used.
b. If stockwater has been listed under Item #5, state the total number of each kind of livestock, i.e. horses, beef
cattle, dairy cattle, etc.
c. If municipal water use is listed under Item #5, complete the Municipal Water Right Application Checklist and
attach it to your application.
d. If domestic use is listed under Item #5, state the maximum number of households to be served. If more than one
domestic unit is described and water is used for irrigation, include irrigation as a use under Item #5 and identify
the number of acres that will be irrigated in Item #9.
For an application proposing domestic use for a multiple home subdivision 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 appurtenant portion of the permit. Include this
information in Item #12 or in an attachment.
e. If ground water greater than 85F is being sought, describe how the ground water 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. An attachment may also be used if the explanation requires additional space.
f. Describe any other uses not fully explained above.
EXAMPLE: If for industrial, fish propagation, etc., give details to support the amount of water requested.
9. Locate all water uses by writing in the townships, ranges and sections. Identify the uses within each 40-acre tract
with the symbols shown on the table below. The number of acres to be irrigated in each 40-acre tract must be shown.
If irrigation is less than 10 acres, round to the nearest one-tenth (0.1) acre. If total irrigation is greater than 10 acres,
round to the nearest acre.
EXAMPLE:
NE NW SW SE
TWP RGE SEC NE NW SW SE NE NW SW SE NE NW SW SE NE NW SW SE Totals
10S 14E 21 40 4 4 4 40 40 40 172
21 S S S D S S
[II]
Use Symbols:
Aesthetic – J Commercial – C Cooling – L
Domestic – D Fire Protection – F Fish Propagation – H
Ground Water Recharge – E Heating – G Industrial – I
Mining – X Municipal – M Power – P
Recreation – R Stockwater – S Wildlife – W
c. If the proposed place of use is a generally described place of use with an existing digital boundary or existing service
….area boundary, name the service area place of use, list the water right number serving the place of use, attach a
….map showing the boundary, and state the total number of acres to be irrigated.
d. 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 and attach a map depicting
….the service area.
10. Describe all other water rights used for the same purposes as sought in the application. If possible, identify the
water right number assigned by the Department of Water Resources.
a. Describe if the current delivery system from a water delivery entity is capable of delivering water to the place of
use.
b. If the application proposes Domestic use and intends to irrigate a lawn or landscape with domestic water,
describe the extent of domestic irrigation that will occur and the extent of any existing irrigation from other sources
on the same property. For example, describe if the property currently has shares and how additional water used
from a well will provide irrigation when surface water is unavailable. Describe how this application proposes
combined or overlapping use with existing water uses for lawn or landscape irrigation.
11. a. Identify the landowner of record even if the land is being purchased, rented, or leased in relation to the point of
….diversion.
b. Follow the same instructions as above in Item #11a in relation to the place of use.
c. Follow same instructions as in Item #11a in relation to the conveyance system, such as ditch, pipe, or other
delivery method.
d. Explain the contract, lease, desert land entry, or other arrangement by which land not owned by applicant will be
developed. If any federal lands must be accessed as part of the development, include with the application
evidence that an application for right of way or special use permit has been filed with the federal government. If
developing water from a pond of less than five acres in surface area or from a spring wholly contained within a
single land ownership and not flowing therefrom, submit evidence that the landowner consents to the proposed
development.
12. The narrative should provide a detailed summary of your proposal. It should also relate any additional pertinent
information that will be useful to the Department. For example, list unique features such as treatment of industrial
waste, name of well drillers, number of raceways, or total weight of fish anticipated to be grown for a fish
propagation filing. Attach additional pages, if necessary, to achieve sufficient detail.
13. Estimate the time required for completion of work and application of water to the proposed use. The minimum term
of a permit is one year. A development period of up to five years may be requested. The Department will only grant
a development period equal to the time necessary to complete the project with due diligence.
14. The map must locate the point of diversion from the source of water and the location of the lands to be irrigated or
the place where the water will be used.
SIGNATURE:
Sign the application exactly as the name appears in Item #1, unless the applicant is a corporation, municipality,
partnership or other entity.
An application in more than one name must be signed by each applicant unless the names are joined "or".
If the applicant is a corporation, municipality, or partnership, the person signing the application must be an officer or
elected official of the corporation or municipality and must show the position below the signature. The applicant must
submit a list of corporate or partnership officers, directors and partners to the Department with the application.
If someone other than the applicant or a company officer signs the application, evidence must be included with the
application that the person signing has authority to sign and holds a current "Power of Attorney" authorizing the action.
Measurement Units
One cubic foot per second (cfs) = 448.8 gallons per minute or 50 miner's inches (Idaho)
One cubic foot per second flowing 24 hours = 1.9835 acre-feet
One acre-foot = the volume necessary to cover one acre to a depth of one foot (325.850 gallons)
One miner's inch = a continuous flow equal to 1/50 cubic feet per second or 0.02 cubic feet per
second
The application fee is based on the proposed storage volume (acre-feet per year or AFY) or on the proposed diversion
rate (cubic feet per second or CFS). For applications proposing both a diversion rate and a storage volume, determine
each fee separately and pay the greater of the two.
Flow Rate (CFS) Storage Volume (AF) Fee Flow Rate (CFS) Storage Volume (AF) Fee
0.00 – 0.20 0.0 – 20.0 $100.00 11.01 – 12.00 1,100.1 – 1,200.0 $690.00
0.21 – 1.00 20.1 – 100.0 $250.00 12.01 – 13.00 1,200.1 – 1,300.0 $730.00
1.01 – 2.00 100.1 – 200.0 $290.00 13.01 – 14.00 1,300.1 – 1,400.0 $770.00
2.01 – 3.00 200.1 – 300.0 $330.00 14.01 – 15.00 1,400.1 – 1,500.0 $810.00
3.01 – 4.00 300.1 – 400.0 $370.00 15.01 – 16.00 1,500.1 – 1,600.0 $850.00
4.01 – 5.00 400.1 – 500.0 $410.00 16.01 – 17.00 1,600.1 – 1,700.0 $890.00
5.01 – 6.00 500.1 – 600.0 $450.00 17.01 – 18.00 1,700.1 – 1,800.0 $930.00
6.01 – 7.00 600.1 – 700.0 $490.00 18.01 – 19.00 1,800.1 – 1,900.0 $970.00
7.01 – 8.00 700.1 – 800.0 $530.00 19.01 – 20.00 1,900.1 – 2,000.0 $1,010.00
8.01 – 9.00 800.1 – 900.0 $570.00 20.01 – 100.00 2,000.1 – 10,000.0 *
9.01 – 10.00 900.1 – 1,000.0 $610.00 101.01 – 500.00 10,000.1 – 50,000.0 **
10.01 – 11.00 1,000.1 – 1,100.0 $650.00 500.01 & over 50,000.1 & over ***
* $1,010.00 plus $20.00 for each additional 1.0 cfs or part thereof or 100 acre-feet or part thereof over the first 20 cfs or
2,000 acre-feet.
** $2,610.00 plus $10.00 for each additional 1.0 cfs or part thereof or 100 acre-feet or part thereof over the first 100 cfs
or 10,000 acre-feet.
*** $6,610.00 plus $2.00 for each additional 1.0 cfs or part thereof or 100 acre-feet or part thereof over the first 500.0 cfs
or 50,000 acre-feet.
Your application and fee may be submitted to one of the following offices:
• Example:
08S22E 08S23E 08S24E
• Township - 09S
• Range - 23E
• Section - 25
• Quarter - SW
• Quarter Quarter -
swsw
• Reads as "SW
09S23E
quarter of the
SW Quarter"
a
10S 23E
• Example:
• Township - 09S
• Range - 23E
- NINW
-· -·
• Section - 25
• Quarter- SW
• Quarter Quarter -
- - 25
-· ffljl!
swsw
-·
N'MW NUW IIEIE
• Reads as "SW
quarter of the
SW Quarter"
-:i - -I.
~
-·
! u
31 32 33 34 35 36
APPENDIX A: SEASON OF USE MAPS
Season of Use
- 2/1 5 - 11/ 30
□ 3/1 - 11/1 5
□ 4/1 . 1 0, 31
□ 5/1 - 1 0/ 31
APPENDIX A: SEASON OF USE MAPS (cont.)
Season of Use
- 2/1 5 - 11/ 30
□ 3/1 - 11/ 1 5
~ 3/1 5 - 11/1 5
□ 4/1 - 1 0/ 31
□ 5/1 - 1 0/ 31
•a
N
APPENDIX A: SEASON OF USE MAPS (cont.)
c-_l,
Season of Use Map for
Southern Region
'
Season of Use
- 2/1 5 - 11/ 30
□ 3/1 - 11/ 1 5
□ 4/1 - 1 0/ 31
□ 5/1 - 1 0/ 31
Chubbuck
•
•
Pocatello
APPENDIX A: SEASON OF USE MAPS (cont.)