Examination For Beneficial Use

01. Examination Report. An examination report must include the following information in sufficient detail for the Director to determine the extent of water use developed consistent with the permit: (7-1-25) a. Each permitted use developed or partially developed. Note any undeveloped permitted use and describe any established use that is not authorized by the permit being examined. (7-1-25) b. The location for the POD described by legal subdivision, including a concise description of the diversion works and a general description of the conveyance works. The description must trace the water from the POD to the POU. If water is stored, describe the timing of storage, method of storage, release, rediversion, and conveyance to the POU. Describe the make, capacity, serial number, and model number of all pumps, boosters or measuring devices associated with the POD at the source of the water supply. Include any schematic diagrams, photographs, digital images, and maps sufficient to locate and describe the diversion, conveyance, and usage systems. (7-1-25) c. Any interconnection of water use with another water right or conveyance system. Interconnection includes, but is not limited to, sharing the same POD, distribution system, POU, or beneficial use. The examination report shall include an evaluation that demonstrates the water use is distinct from other existing water rights, is an alternate source of water for a beneficial use served by an existing water right, or is an increment of beneficial use not authorized by another existing water right. (7-1-25) d. If water is returned directly to a public water source after use, a description of the conveyance system and the legal description of the point where the water is returned. (7-1-25) e. The method of compliance with each permit condition of approval. (7-1-25) f. The POU location for each use described by legal subdivision. (7-1-25) i. For irrigation, describe the irrigated acreage to the nearest whole acre in each forty (40) acre legal subdivision. For irrigation of less than ten (10) acres, describe the acreage to the nearest one-tenth (0.10) acre. (7-1-25) ii. For irrigation, submit a map depicting the boundaries of the irrigated area and the project works location that conveys water to each area. Show the full or partial acreage in each legal subdivision of forty (40) acres or government lot. (7-1-25) g. If more than one (1) POD is developed with separate diversion works and conveyance works, a description of each separate system. For irrigation, submit a map depicting the boundary of irrigated acres and the number of acres per legal subdivision for each separate system. (7-1-25) h. The annual diversion volume based on actual beneficial use during the development period for each permitted use. Describe the method used for determining the annual diversion volume. The annual diversion volume IDAHO ADMINISTRATIVE CODE IDAPA 37.03.02 Department of Water Resources Beneficial Use Examination Rules Section 035 Page 7 shall account for seasonal variations in factors affecting water use, including seasonal variations in water availability. Volumes may include reasonable conveyance losses actually incurred by the water user. (7-1-25) i. For irrigation, the volume shall be based on the standard field headgate requirement as determined by the Director. The Department established irrigation standard field headgate requirement is available on the Department’s website or from the Department upon request. (7-1-25) ii. For heating, cooling, or commercial snowmaking, the volume may be adjusted to account for documented weather conditions during any single season from among the fifty (50) years immediately prior to submitting proof for the permit. (7-1-25) iii. For storage use that includes refill, a use from storage, or both, the volume shall be the sum of the amount used for fill and in priority refill. If the volume exceeds the capacity of the storage facility, describe the amount, method, and timing of refill. (7-1-25) i. The following water uses are exempt from the volume reporting requirement: (7-1-25) i. Diversion to storage. (7-1-25) ii. Domestic use from ground water as defined in Section 42-111, Idaho Code. (7-1-25) iii. In-stream watering of livestock. (3-18-22) iv. Fire protection. (Volume is required for fire protection storage.) (3-18-22) v. Non-consumptive on-stream power generation. (7-1-25) vi. Minimum stream flows established pursuant to Chapter 15, Title 42, Idaho Code. (3-18-22) vii. Municipal use bya municipal provider as defined in Section 42-202B(5), Idaho Code that is serving users within a municipality’s service area as defined in Section 42-202B(9), Idaho Code, except the following situations that require a volume to be reported: (7-1-25) (1) The permit or amended permit was approved with a volume limitation; or (3-18-22) (2) The permit was not approved for municipal use but can be amended and licensed for a municipal use established during the authorized development period for the permit. (3-18-22) viii. Irrigation using natural stream flow diverted from a stream or spring. (Volumes must be reported for irrigation uses from ponds, lakes and ground water and for irrigation storage and irrigation from storage.) (3-18-22) j. For fish propagation, the total number of holding/rearing ponds and the dimensions and volume of each pond. The annual volume shall be calculated based on the changes of water per hour. (7-1-25) k. Description of the beneficial use made of the water for all non-irrigation use. (7-1-25) l. The period during each year that water is used for each permitted use. (7-1-25) m. The diversion rate measured for each use. (7-1-25) n. The amount of water will be limited by the smaller of the permitted amount, the amount upon which the license examination fee is paid, the capacity of the diversion works or the amount beneficially used prior to submitting proof of beneficial use, including any statutory limitation of the duty of water. (7-1-25) o. Amendment recommendations based on actual use if the POU, POD, period of use, or nature of use is different from the permit. (7-1-25) IDAHO ADMINISTRATIVE CODE IDAPA 37.03.02 Department of Water Resources Beneficial Use Examination Rules Section 035 Page 8 p. A map consistent with Subsection 045.03 unless waived by the Director. (7-1-25) q. Unless required as a condition of permit approval, an on-site examination and direct measurement of the diversion rate is not required for the following water uses if the extent of beneficial use, place of use, season of use, and point of diversion can be confirmed by documentary means such as well driller reports, property tax records, receipts, photographs, aerial imagery, or other records: (7-1-25) i. Irrigation up to five (5) acres. (3-18-22) ii. Storage of up to fourteen point six (14.6) af of water for stockwater, aesthetic, recreation, or wildlife. (7-1-25) iii. Any uses other than irrigation or storage if the total combined diversion rate for all the uses established in connection with the permit does not exceed twenty-four one hundredths (0.24) cfs. (7-1-25) 02. Examination Report Acceptability. (7-1-25) a. All examination reports shall be prepared by or under the supervision of a CWRE or authorized Department employee. An examination report submitted by a CWRE must be properly endorsed with the CWRE’s engineer or geologist seal and signature. An examination report received from a CWRE will be accepted if the report includes all the information required, including the information required by Subsection 035.01. (7-1-25) b. An examination report not completed as required by these rules will be returned for completion. The penalty provisions of Section 055 will apply. (7-1-25) c. If the Director determines that an examination report prepared by a CWRE is acceptable but additional information is needed to clarify the examination report, the Director will notify the CWRE in writing of the information required. If the additional information is not submitted within thirty (30) days or within the time specified in the written notice, the Director will return the examination report and proof to the permit holder. Failure to submit the required information within one (1) year of the date of the Department’s request is cause for the Director to take action to apply the provisions of Section 055. (7-1-25) d. An examination report that indicates a measuring device or lockable controlling works, required as a condition of approval of the permit, is not installed or is not acceptable will be returned unless the Director has formally waived the measuring device requirement or lockable controlling works requirement. (7-1-25) 03. General. (3-18-22) a. For irrigation, the duty of water shall not exceed five (5) af of stored water for each acre of land to be irrigated or more than one (1) cfs for each fifty (50) acres of land to be irrigated unless it can be shown to the satisfaction of the Director that a greater amount is necessary. (7-1-25) b. For irrigated acreage of five (5) acres or less, a diversion rate up to three one-hundredths (0.03) cfs per acre may be allowed on the license to be issued by the Director. (3-18-22) c. Conveyance losses from the POD to the POU which are determined by actual measurement may be allowed if the diversion rate does not exceed the permitted rate and the loss is determined by the Director to be reasonable. (7-1-25) d. The duty of water described in Paragraph 035.03.a. or 035.03.b. may be exceeded if the permit or amended permit was approved with a greater diversion rate per acre and good cause acceptable to the Director has been demonstrated. (7-1-25) e. For irrigation, the irrigated areas may be generally described if the project works cover twenty-five thousand (25,000) acres or more, are within irrigation districts organized and existing under the laws of the state of Idaho, or were developed under a permit held by an association, company, corporation, or the United States IDAHO ADMINISTRATIVE CODE IDAPA 37.03.02 Department of Water Resources Beneficial Use Examination Rules Section 040 Page 9 authorized to deliver surface water to more than five (5) water users under an annual charge or rental, and the total irrigated acres are accurately determined and shown in the examination report. The amount of water beneficially used under such projects must be shown in the examination report. (7-1-25) 036. -- 039. (RESERVED)