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Committee holds beneficial-use examination rules for further review
Summary
The Senate committee held (postponed) the proposed beneficial use examination rules (docket 3703022401) at the chair's call after committee members requested further review and clarification about the statutory definition of "beneficial use."
The Idaho Senate Resources and Environment Committee voted to hold the pending beneficial use examination rulemaking (docket 3703022401) at the call of the chair for further review after committee members raised questions about the statutory definition of “beneficial use.”
Eric Boe, Water Compliance Bureau Chief and Rules Regulation Officer for the Department of Water Resources, presented the chapter and emphasized that although the chapter is a fee rule, the department did not change any fees. He said the chapter sets procedures for certifying water-right examiners, reporting standards for beneficial-use examinations, and standards for measuring and mapping water uses.
Lehi Hummer, section manager of the water-rights section at the department, explained that changes in the chapter were made “to be consistent with the water appropriation rules,” including converting units from cubic feet to gallons in one section. The department also updated rule 3501(h) to allow 50 years of climate data for commercial snowmaking permits to adjust volumes used for beneficial-use calculations, a change the department said codifies an existing practice.
Committee members pressed for clarification on whether “beneficial use” is defined in statute or rule. Deputy Director Shelly Keane, who has worked for 24 years in IDWR’s water-rights section, told the committee that the department does not rely on a single statutory definition of beneficial use and instead evaluates what constitutes beneficial use on a case-by-case basis in water-right proceedings. Keane said the department maintains a list of common beneficial uses in its water-rights database (for example, irrigation, domestic, stock water, commercial and industrial uses), but the rules do not include a single statutory definition.
Senator Van Orden moved to hold docket 3703022401 at the call of the chair; Senator Guthrie seconded. The committee approved the motion to hold by voice vote.
The department published the proposed beneficial-use examination rules on Oct. 2, 2024, received one public comment on the proposal, and submitted the pending rule unchanged on Dec. 4, 2024. The committee’s request to hold is intended to allow further review of the definition and statutory basis for “beneficial use.”
