42-221. FEES OF DEPARTMENT. The department of water resources shall collect the following fees, which shall constitute a fund to pay for legal advertising, the publication of public notices and for investigations, research, and providing public data as required of the department in the performance of its statutory duties:
A. For filing an application for a permit to appropriate the public waters of this state:
1. For a quantity of 0.2 c.f.s. or less or for a storage volume of 20 acre feet or less
2. For a quantity greater than 0.2 c.f.s. but not exceeding 1.0 c.f.s. or for a storage volume greater than 20 acre feet but not exceeding 100 acre feet
3. For a quantity greater than 1.0 c.f.s. but not exceeding 20 c.f.s., or for a storage volume greater than 100 acre feet but not exceeding 2,000 acre feet
plus $40.00 for each additional c.f.s. or part thereof or 100 acre feet or part thereof over the first 1.0 c.f.s. or 100 acre feet.
4. For a quantity greater than 20.0 c.f.s. but not exceeding 100 c.f.s. or for a storage volume greater than 2,000 acre feet but not exceeding 10,000 acre feet
plus $20.00 for each additional c.f.s. or part thereof or 100 acre feet or part thereof over the first 20.0 c.f.s. or 2,000 acre feet.
5. For a quantity greater than 100.0 c.f.s. but not exceeding 500.0 c.f.s., or for a storage volume greater than 10,000 acre feet but not exceeding 50,000 acre feet
plus $10.00 for each additional c.f.s. or part thereof or 100 acre feet or part thereof over the first 100 c.f.s. or 10,000 acre feet.
6. For a quantity greater than 500 c.f.s., or for a storage volume greater than 50,000 acre feet
plus $2.00 for each additional 1.0 c.f.s. or part thereof or 100 acre feet or part thereof over the first 500.0 c.f.s. or 50,000 acre feet.
B. For filing an application for an extension of time within which to resume the use of water under a vested water right
C. For filing application for amendment of permit
D. 1. For filing claim to use right under section 42-243
, Idaho Code
2. For filing a late claim to use a water right under section 42-243, Idaho Code, where the date filed with the department of water resources or, the postmark if mailed to the department of water resources, is:
i. After June 30, 1998
ii. After June 30, 2005
iii. For every ten (10) years after June 30, 2005, an additional
E. For filing an assignment of permit
F. For readvertising application for permit, change, exchange, or extension to resume use
G. For certification, each document
H. For making photocopies of office records, maps and documents for public use
I. For filing request for extension of time within which to submit proof of beneficial use on a water right permit
J. For tasks requiring in excess of one (1) hour research or for computerized data provided for public use
.
K. For filing proof of beneficial use of water and requests for water right license examinations, a fee based upon the rate of diversion claimed in the proof of beneficial use:
1. For a quantity of 0.2 c.f.s. or less, or for a storage volume of 20 acre feet or less
except no fee shall be charged for domestic use for which a permit is not required.
2. For a quantity greater than 0.2 c.f.s. but not exceeding 1.0 c.f.s., or for a storage volume greater than 20 acre feet, but not exceeding 100 acre feet
3. For a quantity greater than 1.0 c.f.s., or for a storage volume greater than 100 acre feet
plus $25.00 for each additional c.f.s. or part thereof, or 100 acre feet or part thereof, over the first 1.0 c.f.s. or 100 acre feet with a maximum fee not to exceed $600.
L. For filing a protest or request to intervene in a protested matter
M. For filing an application to alter a stream channel pursuant to chapter 38, title 42, Idaho Code:
1. Application for recreational dredge permits by residents of the state
2. Application for recreational dredge permits by nonresidents of the state
3. Other applications
N. For receipt of all notices of application within a designated area, a reasonable annual charge as determined by the department.
O. For filing an application to change the point of diversion, place, period or nature of use of water under a vested water right:
1. For a quantity of 0.2 c.f.s. or less, or for a storage volume of 20 acre feet or less
2. For a quantity greater than 0.2 c.f.s. but not exceeding 1.0 c.f.s., or for a storage volume greater than 20 acre feet but not exceeding 100 acre feet
3. For a quantity greater than 1.0 c.f.s. but not exceeding 20 c.f.s., or for a storage volume greater than 100 acre feet but not exceeding 2,000 acre feet
plus $80.00 for each additional c.f.s. or part thereof or 100 acre feet or part thereof over the first 1.0 c.f.s. or 100 acre feet.
4. For a quantity greater than 20.0 c.f.s. but not exceeding 100 c.f.s., or for a storage volume greater than 2,000 acre feet but not exceeding 10,000 acre feet
plus $40.00 for each additional c.f.s. or part thereof or 100 acre feet or part thereof over the first 20.0 c.f.s. or 2,000 acre feet.
5. For a quantity greater than 100 c.f.s. but not exceeding 500 c.f.s., or for a storage volume greater than 10,000 acre feet but not exceeding 50,000 acre feet
plus $20.00 for each additional c.f.s. or part thereof or 100 acre feet or part thereof over the first 100 c.f.s. or 10,000 acre feet.
6. For a quantity greater than 500 c.f.s., or for a storage volume greater than 50,000 acre feet
plus $4.00 for each additional c.f.s. or part thereof or 100 acre feet or part thereof over the first 500 c.f.s. or 50,000 acre feet.
7. For any application to change the nature of use of water under one (1) or more vested water right(s), an additional fee of $250 shall apply.
8. For an application to change only the legal description for the place of use or the point of diversion when there will be no physical change in the location of the place of use or the point of diversion and no unauthorized physical change in the location of the place of use or the point of diversion has occurred inconsistent with the decree, license or transfer defining the water right, the total filing fee shall be $50.00 per water right.
P. For filing a notice of land application of effluent as required by section 42-201
(8), Idaho Code
All fees received by the department of water resources under the provisions of this chapter shall be transmitted to the state treasurer for deposit in the water administration account.
History:
[(42-221) 1903, p. 223, sec. 10; reen. R.C. & C.L., sec. 3263; C.S., sec. 5581; am. 1923, ch. 53, sec. 1, p. 60; I.C.A., sec. 41-215; am. 1941, ch. 116, sec. 1, p. 228; am. 1967, ch. 374, sec. 12, p. 1079; am. 1968 (2nd E.S.), ch. 25, sec. 1, p. 47; am. 1971, ch. 151, sec. 1, p. 750; am. 1978, ch. 143, sec. 1, p. 323; am. 1980, ch. 151, sec. 1, p. 320; am. 1981, ch. 147, sec. 2, p. 253; am. 1983, ch. 61, sec. 2, p. 141; am. 1985, ch. 226, sec. 1, p. 540; am. 1986, ch. 242, sec. 2, p. 657; am. 1986, ch. 313, sec. 4, p. 763; am. 1990, ch. 319, sec. 2, p. 870; am. 1994, ch. 64, sec. 2, p. 123; am. 1997, ch. 305, sec. 1, p. 908; am. 1998, ch. 79, sec. 1, p. 282; am. 2000, ch. 177, sec. 1, p. 445; am. 2011, ch. 172, sec. 1, p. 491; am. 2012, ch. 218, sec. 2, p. 597; am. 2018, ch. 42, sec. 1, p. 105.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY
Section 42-202A - TEMPORARY APPROVAL — APPLICATION — CRITERIA — EXCEPTIONS.
Section 42-202B - DEFINITIONS.
Section 42-203A - NOTICE UPON RECEIPT OF APPLICATION — PROTEST — HEARING AND FINDINGS — APPEALS.
Section 42-203C - HYDROPOWER WATER RIGHT — CRITERIA FOR REALLOCATION — WEIGHT — BURDEN OF PROOF.
Section 42-203D - REVIEW OF PERMITS — OPPORTUNITY FOR HEARING.
Section 42-204 - EXAMINATION — PERMIT — COMMENCEMENT OF WORK — EXTENSIONS — APPEAL.
Section 42-205 - ISSUANCE OF PERMIT — RESTRICTIONS — PREFERENCE.
Section 42-206 - RESIDENCE A REQUISITE FOR ISSUANCE.
Section 42-207 - SALE, TRANSFER, ASSIGNMENT OR MORTGAGE OF PERMIT.
Section 42-208 - CANCELLATION OR REVOCATION FOR NONCOMPLIANCE.
Section 42-209 - EFFECT OF ILLEGAL TRANSFER.
Section 42-210 - APPLICATION OF ACT.
Section 42-211 - AMENDED APPLICATION OR PERMIT — APPEALS.
Section 42-212 - DIVERSION OF PRIVATE WATERS.
Section 42-213 - DIVERSION OF PRIVATE WATERS — APPLICANTS MUST SHOW RIGHT OF WAY.
Section 42-217 - PROOF OF APPLICATION TO BENEFICIAL USE.
Section 42-217a - CERTIFIED WATER RIGHT EXAMINER.
Section 42-218 - PROOF OF APPLICATION TO BENEFICIAL USE — EXTENSION OF TIME.
Section 42-219 - ISSUANCE OF LICENSE — PRIORITY.
Section 42-220 - EFFECT OF LICENSE.
Section 42-221 - FEES OF DEPARTMENT.
Section 42-222A - TEMPORARY CHANGES DURING DROUGHT CONDITIONS.
Section 42-222B - IRRIGATION CORPORATION BOUNDARY ADJUSTMENTS.
Section 42-223 - EXCEPTIONS OR DEFENSES TO FORFEITURE.
Section 42-224 - FORFEITURE OF STOCKWATER RIGHTS.
Section 42-226 - GROUND WATERS ARE PUBLIC WATERS.
Section 42-227 - DRILLING AND USE OF WELLS FOR DOMESTIC PURPOSES EXCEPTED.
Section 42-228 - DRILLING AND USE OF WELLS FOR DRAINAGE OR RECOVERY PURPOSES EXCEPTED.
Section 42-229 - METHODS OF APPROPRIATION.
Section 42-231 - DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES.
Section 42-232 - GROUND WATER RECHARGE PROGRAM — NEGOTIATIONS WITH BUREAU OF RECLAMATION.
Section 42-233 - LOW TEMPERATURE GEOTHERMAL RESOURCE.
Section 42-233b - GROUND WATER MANAGEMENT AREA.
Section 42-234 - GROUND WATER RECHARGE — AUTHORITY OF DEPARTMENT TO GRANT PERMITS AND LICENSES.
Section 42-235 - DRILLING PERMITS.
Section 42-237 - ABANDONMENT OF WATER RIGHT — CHANGE OF POINT OF DIVERSION AND PLACE OF USE.
Section 42-237a - POWERS OF THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES.
Section 42-237e - APPEALS FROM ACTIONS OF THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES.
Section 42-237f - ADJUDICATION OF WATER RIGHT.
Section 42-237h - DUTIES OF THE ATTORNEY GENERAL.
Section 42-238 - WELL DRILLERS’ LICENSES AND OPERATOR PERMITS.
Section 42-238a - WATER ADMINISTRATION ACCOUNT.
Section 42-239 - INTERPRETATION.
Section 42-244 - RECORDING OF CLAIMS BY DEPARTMENT — CORRECTIONS.
Section 42-245 - FAILURE TO FILE CLAIM WAIVES AND RELINQUISHES RIGHT.
Section 42-246 - FILING OF CLAIM NOT DEEMED ADJUDICATION OF RIGHT — EVIDENCE.