2005 Idaho Code - 42-111 — DOMESTIC PURPOSES DEFINED

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 1
                      APPROPRIATION OF WATER -- GENERAL
                                  PROVISIONS
    42-111.  DOMESTIC PURPOSES DEFINED. (1) For purposes of sections 42-221,
42-227, 42-230, 42-235, 42-237a, 42-242, 42-243 and 42-1401A, Idaho Code, the
phrase "domestic purposes" or "domestic uses" means:
    (a)  The use of water for homes, organization camps, public campgrounds,
    livestock and for any other purpose in connection therewith, including
    irrigation of up to one-half (1/2) acre of land, if the total use is not
    in excess of thirteen thousand (13,000) gallons per day, or
    (b)  Any other uses, if the total use does not exceed a diversion rate of
    four one-hundredths (0.04) cubic feet per second and a diversion volume of
    twenty-five hundred (2,500) gallons per day.
    (2)  For purposes of the sections listed in subsection (1) of this
section, domestic purposes or domestic uses shall not include water for
multiple ownership subdivisions, mobile home parks, or commercial or business
establishments, unless the use meets the diversion rate and volume limitations
set forth in subsection (1)(b) of this section.
    (3)  Multiple water rights for domestic uses or domestic purposes, as
defined in this section, shall not be established or exercised in a manner to
satisfy a single combined water use or purpose that would not itself come
within the definition of a domestic use or purpose under this section. The
purpose of this limitation is to prohibit the diversion and use of water,
under a combination of domestic purposes or domestic uses as defined in this
section, to provide a supply of water for a use that does not meet the
exemption of section 42-227, Idaho Code, and is required to comply with the
mandatory application and permit process for developing a right to the use of
water pursuant to chapter 2, title 42, Idaho Code.