Variable Fees

01. General. A variable fee in addition to the flat fee is required for each claim not meeting the criteria of Subsection 030.01, unless otherwise stated in these rules. (7-1-25) 02. Per Acre Fee. The variable fee for irrigation use, pursuant to Section 42-1414(1)(b)(i), Idaho Code, is calculated for each acre and fraction thereof rounded to the next whole acre. (7-1-25) a. A fee of one dollar ($1.00) per acre is required for an irrigation use claim. (7-1-25) b. The per acre fee is only charged once against a particular acre, regardless of the number of claims filed for the irrigation of that acre or the number of claimants filing claims for the irrigation of that acre. (7-1-25) IDAHO ADMINISTRATIVE CODE IDAPA 37.03.01 Department of Water Resources Adjudication Rules Section 045 Page 5 c. The per acre fee is payable by the first person to file a claim for the irrigation of a particular acre. (7-1-25) d. The per acre fee for an irrigation project where the canals constructed cover an area of twenty-five thousand (25,000) acres or more, or irrigation districts organized and existing as such under the laws of the state of Idaho, or for beneficial use by more than five (5) water users in an area of less than twenty-five thousand (25,000) acres will be determined based upon the acreage claimed to be irrigated by the project or irrigation district within the boundaries of the project or irrigation district. (7-1-25) 03. Per Kilowatt Fee. The variable fee for power generation pursuant to Section 42-1414(1)(b)(ii), Idaho Code, calculated for each kilowatt and fraction thereof. (7-1-25) a. A per kilowatt of capacity (manufacturer’s nameplate rating) fee of three dollars and fifty cents ($3.50) per kilowatt, or two hundred fifty thousand dollars ($250,000.00), whichever is less, is required for a power generation claim. (7-1-25) b. The per kilowatt fee is determined based upon the total generating capacity of all generators in which the water right claimed is used. (7-1-25) c. The total per kilowatt fee for all claims filed for a single hydropower facility will not exceed the per kilowatt fee for the total generating capacity of all generators in the hydropower facility. (7-1-25) 04. Per CFS Fee. The variable fee for a use other than those identified in Subsections 035.01, 035.02, and 035.03, pursuant to Section 42-1414(1)(b)(iii), (iv), and (v), Idaho Code, calculated for each cfs and fraction thereof to the nearest dollar. (7-1-25) a. A fee of ten dollars ($10) per cfs is required for an aquaculture use claim. A fee of one hundred dollars ($100) per cfs is required for all other uses except for irrigation, power, and domestic and stock watering uses meeting the definition of domestic and stock watering use in Section 010. (7-1-25) b. For a claim for more than one (1) public purpose, the per cfs fee will be charged only once per cfs claimed. (7-1-25) c. If there is a seasonal variation in the number of cfs claimed, the per cfs fee is based upon the maximum number of cfs claimed for any period during a single calendar year. (7-1-25) 05. Claims Including Storage. (3-18-22) a. The ultimate use of the water stored determines the variable fee for a claim that includes storage. If a claim states a purpose other than diversion to storage, storage, and diversion from storage, the total variable fee will be determined pursuant Subsection 035.06. (7-1-25) b. For purposes of determining the per cfs fee for the amount of water claimed in af, one (1) cfs equals one and ninety-eight one-hundredths (1.98) af per day of diversion to storage. (7-1-25) 06. Multiple Purpose Claims. If a claim includes more than one (1) purpose of use, the variable fee will be the total of the variable fees required for each purpose of use. (7-1-25) 07. Exceptions. No variable fee is required for a claim or portion of a claim for ground water recharge purposes, fire-fighting purposes, or domestic use or stock watering use meeting the definitions of domestic use and stock watering use in Section 010. (7-1-25) 036. -- 044. (RESERVED)