2005 Idaho Code - 42-226 — GROUND WATERS ARE PUBLIC WATERS

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 2
                      APPROPRIATION OF WATER -- PERMITS,
                     CERTIFICATES, AND LICENSES -- SURVEY
    42-226.  GROUND WATERS ARE PUBLIC WATERS. The traditional policy of the
state of Idaho, requiring the water resources of this state to be devoted to
beneficial use in reasonable amounts through appropriation, is affirmed with
respect to the ground water resources of this state as said term is
hereinafter defined and, while the doctrine of "first in time is first in
right" is recognized, a reasonable exercise of this right shall not block full
economic development of underground water resources. Prior appropriators of
underground water shall be protected in the maintenance of reasonable ground
water pumping levels as may be established by the director of the department
of water resources as herein provided. In determining a reasonable ground
water pumping level or levels, the director of the department of water
resources shall consider and protect the thermal and/or artesian pressure
values for low temperature geothermal resources and for geothermal resources
to the extent that he determines such protection is in the public interest.
All ground waters in this state are declared to be the property of the state,
whose duty it shall be to supervise their appropriation and allotment to those
diverting the same for beneficial use. This act shall not affect the rights to
the use of ground water in this state acquired before its enactment.
    Any application for a water permit that seeks to transfer ground water
outside the immediate ground water basin as defined by the director of the
department of water resources for the purpose of irrigating five thousand
(5,000) or more acres on a continuing basis or for a total volume in excess of
ten thousand (10,000) acre feet per year, the application must first be
approved by the director of the department of water resources and then by the
Idaho legislature. Each shall give due consideration to the local economic and
ecological impact of the project or development so proposed.