Idaho Admin. Code r. 37.03.11.041 - ADMINISTRATION OF DIVERSION AND USE OF WATER WITHIN A GROUND WATER MANAGEMENT AREA

Current through August 30, 2021

01. Responding to a Delivery Call. When a delivery call is made by the holder of a senior-priority ground water right against holders of junior-priority ground water rights in a designated ground water management area alleging that the ground water supply is insufficient to meet the demands of water rights within all or portions of the ground water management area and requesting the Director to order water right holders, on a time priority basis, to cease or reduce withdrawal of water, the Director shall proceed as follows: (7-1-21)T
a. The petitioner shall be required to submit all information available to petitioner on which the claim is based that the water supply is insufficient. (7-1-21)T
b. The Director will conduct a fact-finding hearing on the petition at which the petitioner and respondents may present evidence on the water supply, and the diversion and use of water from the ground water management area. (7-1-21)T
02. Order. Following the hearing, the Director may take any or all of the following actions: (7-1-21)T
a. Deny the petition in whole or in part; (7-1-21)T
b. Grant the petition in whole or in part or upon conditions; (7-1-21)T
c. Find that the water supply of the ground water management area is insufficient to meet the demands of water rights within all or portions of the ground water management area and order water right holders on a time priority basis to cease or reduce withdrawal of water, provided that the Director shall consider the expected benefits of an approved mitigation plan in making such finding. (7-1-21)T
d. Require the installation of measuring devices and the reporting of water diversions pursuant to Section 42-701, Idaho Code. (7-1-21)T
03. Date and Effect of Order. Any order to cease or reduce withdrawal of water will be issued prior to September 1 and shall be effective for the growing season during the year following the date the order is given and until such order is revoked or modified by further order of the Director. (7-1-21)T
04. Preparation of Water Right Priority Schedule. For the purposes of the Order provided in Rule Subsections 041.02 and 041.03, the Director will utilize all available water right records, claims, permits, licenses and decrees to prepare a water right priority schedule. (7-1-21)T

Notes

Idaho Admin. Code r. 37.03.11.041

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