THE COEUR D’ALENE TRIBE WATER RIGHTS – Amends and adds to existing law to establish provisions regarding the 2026 Coeur d’Alene Tribe water rights settlement agreement and to provide for the Coeur d’Alene tribal water supply bank.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
789
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
THE
COEUR
D'ALENE
TRIBE
WATER
RIGHTS;
AMENDING
CHAPTER
14,
TITLE
2
42,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
42
-
1430,
IDAHO
CODE,
3
TO
PROVIDE
FOR
THE
APPROVAL,
RATIFICATION,
CONFIRMATION,
AND
AUTHO
-
4
RIZATION
OF
THE
COEUR
D'ALENE
TRIBE
WATER
RIGHTS
SETTLEMENT
AGREEMENT;
5
AMENDING
CHAPTER
17,
TITLE
42,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SEC
-
6
TION
42
-
1765B,
IDAHO
CODE,
TO
PROVIDE
FOR
THE
COEUR
D'ALENE
TRIBAL
WATER
7
SUPPLY
BANK;
AND
DECLARING
AN
EMERGENCY.
8
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
9
SECTION
1.
That
Chapter
14,
Title
42,
Idaho
Code,
be,
and
the
same
is
10
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
1
1
ignated
as
Section
42
-
1430,
Idaho
Code,
and
to
read
as
follows:
12
42
-
1430.
THE
COEUR
D'ALENE
TRIBE
WATER
RIGHTS
SETTLEMENT
AGREEMENT
-
-
13
RATIFICATION
AND
AUTHORIZATION
FOR
IMPLEMENTATION.
(1)
As
used
in
this
sec
-
14
tion:
15
(a)
"The
Coeur
d'Alene
tribe
water
rights
settlement
agreement
of
16
2026"
or
"agreement"
means
the
Coeur
d'Alene
tribe
water
rights
settle
-
17
ment
agreement
dated
2026,
relating
to
CSRBA
consolidated
subcase
No.
18
91
-
7755
in
the
CSRBA
court.
19
(b)
"CSRBA"
means
the
Coeur
d'Alene
-
Spokane
river
basin
adjudication
20
litigation
before
the
CSRBA
court,
In
re
CSRBA
,
No.
49576.
21
(c)
"CSRBA
court"
means
the
district
court
of
the
fifth
judicial
dis
-
22
trict
of
the
state
of
Idaho,
in
and
for
the
county
of
Twin
Falls.
23
(2)
The
Coeur
d'Alene
tribe
water
rights
settlement
agreement
of
2026
24
is
hereby
approved,
ratified,
and
confirmed.
25
(3)
The
executive
branch
agencies
or
officers
of
the
state
with
obli
-
26
gations
under
the
Coeur
d'Alene
tribe
water
rights
settlement
agreement
of
27
2026
shall
execute
and
perform
all
actions
consistent
with
this
section
that
28
are
necessary
to
implement
the
agreement.
29
SECTION
2.
That
Chapter
17,
Title
42,
Idaho
Code,
be,
and
the
same
is
30
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
31
ignated
as
Section
42
-
1765B,
Idaho
Code,
and
to
read
as
follows:
32
42
-
1765B.
COEUR
D'ALENE
-
SPOKANE
RIVER
BASIN
-
-
COEUR
D'ALENE
TRIBAL
33
WATER
SUPPLY
BANK.
(1)
The
water
resource
board
shall
appoint
a
local
34
rental
committee
to
facilitate
operation
of
a
water
supply
bank
for
the
35
off
-
reservation
lease
and
rental
of
consumptive
use
federal
reserved
wa
-
36
ter
rights
held
by
or
on
behalf
of
the
Coeur
d'Alene
tribe
within
the
Coeur
37
d'Alene
-
Spokane
river
basin,
which
shall
be
known
as
the
Coeur
d'Alene
38
tribal
water
supply
bank.
Except
as
is
inconsistent
with
this
section,
the
39
provisions
of
section
42
-
1765,
Idaho
Code,
and
the
board's
water
supply
bank
40

2
rules
applicable
to
the
operation
of
a
storage
water
rental
pool
shall
apply
1
to
the
operation
of
the
tribal
water
supply
bank
for
such
leases
and
rentals.
2
(2)
The
local
rental
committee
shall
have
authority
to
rent
consumptive
3
use
federal
reserved
water
rights
held
by
or
on
behalf
of
the
Coeur
d'Alene
4
tribe,
including
natural
flow
and
ground
water
rights,
between
consent
-
5
ing
owners
and
consenting
renters,
for
beneficial
use
outside
of
the
Coeur
6
d'Alene
Indian
reservation.
7
(3)
Consistent
with
applicable
law,
rights
to
the
use
of
water
for
a
8
portion
of
the
approved
period
of
use
under
a
consumptive
use
federal
re
-
9
served
water
right
held
by
or
on
behalf
of
the
Coeur
d'Alene
tribe
may
be
10
accepted
into
the
water
supply
bank
and
rented
out
to
satisfy
any
minimum
1
1
stream
flow
water
right
held
by
the
water
resource
board.
12
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
13
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
14
passage
and
approval.
15