Idaho Administrative Code
Title IDAPA 37 - Water Resources, Department of
Rule 37.03.01 - ADJUDICATION RULES
Section 37.03.01.010 - DEFINITIONS
Current through August 31, 2023
01. Amendment Fee. The additional fee payable at the time of filing an amendment to a claim, as provided in Section 42-1414(2), Idaho Code. (3-18-22)
02. Aquaculture. The use of water for propagation of fish, shell fish, and any other animal or plant product naturally occurring in an underwater environment. (3-18-22)
03. Aquaculture Fee. The variable fee payable for aquaculture use, as provided in Section 42-1414(1)(b)(iii), Idaho Code, which shall be calculated for each cfs and fraction thereof to the nearest dollar. (3-18-22)
04. Claim. A notice of claim to a water right acquired under state law, as provided in Section 42-1409(4), Idaho Code. (3-18-22)
05. Department. The Idaho Department of Water Resources. (3-18-22)
06. Director. The Director of the Idaho Department of Water Resources. (3-18-22)
07. Domestic Use. Domestic use as defined in Section 42-1401A(4), Idaho Code. (3-18-22)
08. Flat Fee. The per claim fee for filing claims, as provided in Section 42-1414(1)(a), Idaho Code. (3-18-22)
09. Late Fee. The additional fee payable for the filing of late claims, as provided in Section 42-1414(3), Idaho Code. (3-18-22)
10. Per Acre Fee. The variable fee for irrigation use, as provided in Section 42-1414(1)(b)(i), Idaho Code, which shall be calculated for each acre and fraction thereof rounded to the next whole acre. (3-18-22)
11. Per Cfs Fee. The variable fee payable for other uses, as provided in Section 42-1414(1)(b)(iii), (iv) and (v), Idaho Code, which shall be calculated for each cfs and fraction thereof to the nearest dollar. (3-18-22)
12. Per Kilowatt Fee. The variable fee payable for power generation use, as provided in Section 42-1414(1)(b)(ii), Idaho Code, which shall be calculated for each kilowatt and fraction thereof. (3-18-22)
13. State Law Claim Form. The department's form entitled "Notice of Claim to a Water Right Acquired Under State Law as provided in Section 42-1409(4), Idaho Code. (3-18-22)
14. Stock Watering Use. Stock watering use as defined in Section 42-1401A(11), Idaho Code. (3-18-22)
15. Total Fee. The fee payable for filing a claim, which consists of the flat fee plus any applicable variable fee and late fee. (3-18-22)
16. Variable Fee. The fee payable for filing claims in addition to the flat fee, as provided in Section 42-1414(1)(b), Idaho Code. (3-18-22)
17. Water Delivery System. All structures and equipment used for diversion, storage, transportation, and use of water from the water source to and including each place of use. (3-18-22)
18. Water Delivery Organization. An irrigation district, a water utility, a municipality, or any similar claimant of a water right who diverts water pursuant to the water right claimed and delivers the water to others who make beneficial use of the water diverted by the water delivery organization pursuant to the water right claimed by the water delivery organization. (3-18-22)
