Drilling Permit Requirements (Rule 45)

01. General Provisions. (3-18-22) a. Drilling permits are required pursuant to Section 42-235, Idaho Code, prior to construction or modification of any well. (3-18-22) b. Drilling permits will not be issued for construction of a well which requires another separate approval from the department, such as a water right permit, transfer, amendment or injection well permit, until the other separate permitting requirements have been satisfied. (3-18-22) c. The Director may allow the use of a start card permit or give verbal approval to a well driller for the construction of cold water single family domestic wells. Start cards must be received by the Department at least two office hours prior to commencing construction of the well. (3-18-22) d. The Director may give verbal approval to a well driller for the construction of a well for which other permitting requirements have been met, provided that the driller or owner has filed the drilling permit application and appropriate fee. (3-18-22) e. Verbal approval and the use of a start card permits for wells constructed in a designated Area of Drilling Concern, Critical Ground Water Area, Ground Water Management Area and Areas of Contamination are not allowed unless otherwise authorized by the Director. (7-1-25) f. A well driller will not construct, drill or modify any well until a drilling permit has been issued, or verbal approval granted. (3-18-22) 02. Effect of a Permit. (3-18-22) a. A drilling permit authorizes the construction or modification of a well in compliance with these rules and the conditions of approval on the permit. (3-18-22) b. A drilling permit does not constitute a water right, injection well permit or other authorization which may be required, authorizing use of water from a well or discharge of fluids into a well. (3-18-22) c. A drilling permit may not be assigned from one owner to another or from one driller to another. (3-18-22) d. A drilling permit authorizes the construction of one (1) well, except for blanket monitoring well and blanket remediation well drilling permits. (3-18-22) 03. Exclusions.For the purposes of these Rules, artificial openings and excavations that do not constitute a well and are not subject to the drilling permit requirements must be modified, constructed, or IDAHO ADMINISTRATIVE CODE IDAPA 37.03.09 Department of Water Resources Well Construction Standards Rules Section 050 Page 24 decommissioned in accordance with minimum well construction standards. The Director may require decommissioning of artificial openings and excavations constructed pursuant to Rule 45, Subsection 045.03 of these rules, when the use ceases or if the holes may contribute to waste or contamination of the ground water. The following types of artificial openings and excavations are not considered wells: (7-1-25) a. Artificial openings and excavations with total depth less than eighteen (18) feet. (3-18-22) b. Artificial openings and excavations for mineral exploration or extraction, including gravel pits. (7-1-25) c. Artificial openings and excavations for oil and gas exploration for which a permit has been issued pursuant to Section 47-320, Idaho Code. (3-18-22) d. Artificial openings and excavations constructed for de-watering building or dam foundation excavations. (3-18-22) e. Artificial openings and excavations for collecting soil and rock samples and determining geologic properties above and below the water table. Drill rig(s) and support equipment are to remain onsite until the geotechnical boring(s) are decommissioned in accordance with these rules. (7-1-25) f. Horizontal borings for utility installations. (7-1-25) 04. Fees. Drilling permit fees are as prescribed by Section 42-235, Idaho Code. (3-18-22) 046. -- 049. (RESERVED)