Definitions

01. Acre-Foot (af). A volume of water sufficient to cover one (1) acre of land one (1) foot deep and is equal to three hundred twenty-five thousand, eight hundred fifty (325,850) gallons. (7-1-25) 02. Amendment. A change to the point of diversion, place, period, nature of use, or other substantial change in the method of diversion or use of a permitted water right. (7-1-25) 03. Beneficial Use Examination (Examination). An on-site inspection or other investigation to determine the extent of application of water to beneficial use and to determine compliance with terms and conditions of the water right permit. (7-1-25) 04. Beneficial Use Examination Report (Examination Report). The form provided by the Department or other acceptable document upon which the CWRE or Department employee records the data required by Section 035 gathered during the examination. (7-1-25) 05. Capacity Measurement. The maximum volume of water impounded in the case of a storage facility or the maximum rate of diversion from the source as determined by actual measurement of the system during normal operation. (7-1-25) 06. Certified Water Right Examiner (CWRE). An impartial investigator appointed by the Director in accordance with Section 030. (7-1-25) IDAHO ADMINISTRATIVE CODE IDAPA 37.03.02 Department of Water Resources Beneficial Use Examination Rules Section 010 Page 4 07. Conveyance Works. The ditches, pipes, conduits, or other means by which water is carried or moved from the point of diversion to the place of use. Any storage structure, such as a dam, is considered part of the conveyance works. (7-1-25) 08. Cubic Foot Per Second (cfs). A rate of flow approximately equal to four hundred forty-eight and eight tenths (448.8) gallons per minute and also equals fifty (50) Idaho miner’s inches. (7-1-25) 09. Department. The Idaho Department of Water Resources. (3-18-22) 10. Director. The Director of the Idaho Department of Water Resources. Per Section 42-1701(3), Idaho Code, the Director may delegate authority to perform duties imposed upon the Director by law, including duties described herein, to a Department employee. (7-1-25) 11. Diversion Works. The constructed barriers or devices on the source of water by which water can be diverted from the natural watercourse. (7-1-25) 12. Duty of Water. The quantity of water necessary for the successful growing of crops when economically conveyed and applied to land without unnecessary loss. (7-1-25) 13. Irrigation. The application of water to cultivated land in sufficient quantity or manner to cause plant growth for a useful purpose. (7-1-25) 14. License. The certificate issued by the Director in accordance with Section 42-219, Idaho Code confirming the extent of diversion and beneficial use of the water made in conformance with the permit. (7-1-25) 15. License Examination Fee. The fee prescribed in Section 42-221(K), Idaho Code. (7-1-25) 16. Legal Subdivision. A tract of land described by a government land survey and usually described by government lot or quarter-quarter, section, township, and range. A lot and block of a subdivision plat recorded with the county recorder may be used in addition to the government land survey description. (7-1-25) 17. Measuring Device. A generally accepted structure or apparatus used to determine a rate of flow or volume of water. (7-1-25) 18. Nature of Use. The purpose of use for which water is applied. (7-1-25) 19. Period of Use. The period during which water under a given water right can be beneficially used. (7-1-25) 20. Permit Holder or Owner. The person, association, or corporation to whom a permit has been issued or conveyed as shown by the records of the Department. (7-1-25) 21. Place of Use (POU). The location where beneficial use of appropriated water is made. (7-1-25) 22. Point of Diversion (POD). The location on the public source of water from which water is diverted. (7-1-25) 23. Project Works. A general term that includes diversion works, conveyance works, and any devices used to measure water or to apply water to the intended use. (7-1-25) 24. Proof of Beneficial Use (Proof). The submittal required in Section 42-217, Idaho Code. (7-1-25) 25. Source. The name of the natural water body at the point of diversion. (7-1-25) 26. Water Right Permit (Permit). The water right document issued by the Director authorizing the diversion and use of unappropriated public water, reallocated trust water, or a low temperature geothermal resource. IDAHO ADMINISTRATIVE CODE IDAPA 37.03.02 Department of Water Resources Beneficial Use Examination Rules Section 025 Page 5 (7-1-25) 011. -- 024. (RESERVED) 025. AUTHORITY OF REPRESENTATIVE 01. Evidence of Authority. When the proof of beneficial use, examination report, and drawings are filed by a CWRE on behalf of an owner, written evidence of authority to represent the owner shall be filed with the proof. (7-1-25) 02. Responsibility. It is the responsibility of the permit holder or authorized representative to submit proof and ensure submission of a completed examination report in acceptable form to the Director before the due date by either paying the required examination fee to the Department or by employing a CWRE. (7-1-25) 026. -- 029. (RESERVED) 030. QUALIFICATION, EXAMINATION AND APPOINTMENT OF CERTIFIED WATER RIGHT EXAMINER. 01. Consideration. Any professional engineer or geologist qualified and registered in the state of Idaho with the knowledge and experience necessary to satisfactorily complete an examination as determined by the Director shall be considered for appointment as a CWRE upon application to the Director. The application shall be in the form prescribed by the Director and shall be accompanied by a non-refundable fee in the amount prescribed in Section 42-217a, Idaho Code. (7-1-25) 02. Information. The Director may require an applicant for appointment to the position of CWRE to provide detailed experience information submit references, and satisfactorily complete a written or oral examination. (7-1-25) 03. Denial. If the Director determines an applicant is not qualified, the application will be denied. If the Director determines an applicant is qualified, a certificate of appointment will be issued. (3-18-22) 04. Expiration. Every CWRE certificate of appointment shall expire March 31 of each year unless renewed by application in the manner prescribed by the Director. A non-refundable fee in the amount prescribed in Section 42-217a, Idaho Code, shall accompany an application for renewal. (7-1-25) 05. Refusal or Revocation. An appointment or renewal may be refused or revoked by the Director at any time upon a showing of reasonable cause. A party aggrieved by an action of the Director may request an administrative hearing pursuant to Section 42-1701A (3), Idaho Code. (3-18-22) 06. Reconsideration. An application for appointment or renewal which has been refused or revoked by the Director may not be reconsidered for six (6) months. (3-18-22) 07. Liability. The state of Idaho shall not be liable for the compensation of any CWRE. The permit holder shall be responsible for costs associated with proof submittal including, examination and examination report preparation. (7-1-25) 08. Examinations. The Director may authorize sufficiently knowledgeable and experienced Department employees to conduct examinations during the course and scope of their employment with the Department. Upon termination of employment with the Department, such examiners, unless appointed as a CWRE under provisions of these rules, are not authorized to conduct examinations. (7-1-25) 09. Ingress or Egress Authority. Appointment as a CWRE does not grant ingress or egress authority and does not convey authority unless explicitly prescribed in these rules. (7-1-25) 10. Reports. The Director will not accept an examination report prepared by a CWRE or a Department examiner who has any past or present interest, direct or indirect, in either the water right permit, the land, or any IDAHO ADMINISTRATIVE CODE IDAPA 37.03.02 Department of Water Resources Beneficial Use Examination Rules Section 035 Page 6 enterprise benefiting, or likely to benefit, from the water right. The Director will presume an actual or potential conflict of interest exists and will not accept an examination report from the following: (7-1-25) a. The person owning the water right permit or the land or enterprise benefiting from the water right permit, members of their family (spouse, parents, grandparents, lineal descendants including those that are adopted, lineal descendants of parents; and spouse of lineal descendants), and their employees. (7-1-25) b. The person who sold or installed the project works. (7-1-25) 11. Money Received. All moneys received by the Department under the provisions of these rules shall be deposited in the water administration account created under Section 42-238a, Idaho Code. (7-1-25) 031. -- 034. (RESERVED)