Senate committee approves revised adjudication rules for water-right claims

Vice Chair Sen. Phil Hart and members of the Idaho Senate Resources and Environment Committee approved revised adjudication rules that set minimum requirements for filing water-right claims and clarify fee and filing procedures.

The Department of Water Resources presented the pending rule, docket 3703012401, describing changes to definitions, fee calculations and online filing requirements. Eric Boe, Water Compliance Bureau Chief and rules review officer for the Department of Water Resources, said the chapter "sets the minimum requirements for completing a notice of claim to a water right established under state law and establishes clear criteria for calculating claim filing fees, refunding fees and rejecting incomplete claims."

The rule text reorganizes and removes antiquated language, removes unnecessary definitions from the general definitions section, and adds definitions to clarify fees for public entities and public-purpose claims. The department also updated references and language to align with its online claim-filing system and adjusted descriptions of surface-water source location references to follow Public Land Survey (township-range-section) descriptions consistent with water appropriation rules.

Boe told the committee the department published the proposed adjudication rules Oct. 2, 2024, received no public comments on the proposed rule, and published the pending rules Dec. 4, 2024, with no modifications. The department reported the pending rule reduced the rule text by 831 words (a 17% reduction) and decreased the restrictive word count by 79 words (a 65% reduction). The department also said the negotiated process for this 0‑base review included two public meetings, one oral comment and 10 written comments that were considered during drafting.

Sen. Harris moved to accept docket 3703012401; Sen. Taylor seconded. The committee approved the pending adjudication rules by voice vote.

The rules identify specific sections including Rule 10 (definitions), Rule 25 (fee payment and claim rejection for nonpayment), Rule 30 (flat fees), Rule 35 (variable fees), Rule 45 (amendment fees), Rule 50 (late fees), Rule 55 (refunds), Rule 60 (claim requirements) and Rule 65 (rejection and refiling procedures). Craig Saxton, the department's Water Allocation Bureau chief, answered a committee question concerning where an aquaculture fee appears in the rule text and explained it was moved from the general definitions into the relevant rule body because it was referenced only in a few places.

The committee provided its support for the docket and the department said staff will stand ready to answer follow-up questions on implementation.