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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1222
BY
RESOURCES
AND
ENVIRONMENT
COMMITTEE
AN
ACT
1
RELATING
TO
DOMESTIC
WELLS;
AMENDING
SECTION
42
-
111,
IDAHO
CODE,
TO
RE
-
2
VISE
DEFINITIONS
AND
TO
DEFINE
TERMS;
AMENDING
SECTION
42
-
227,
IDAHO
3
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
DRILLING
AND
USE
OF
WELLS
FOR
4
DOMESTIC
PURPOSES;
AMENDING
SECTION
31
-
3805,
IDAHO
CODE,
TO
REVISE
A
5
PROVISION
REGARDING
THE
APPLICABILITY
OF
LAW
RELATED
TO
WATER
DELIVERY
6
WITHIN
SUBDIVISIONS;
AMENDING
SECTION
50
-
1334,
IDAHO
CODE,
TO
REVISE
7
PROVISIONS
REGARDING
THE
REVIEW
OF
WATER
SYSTEMS;
AND
DECLARING
AN
8
EMERGENCY.
9
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
10
SECTION
1.
That
Section
42
-
111,
Idaho
Code,
be,
and
the
same
is
hereby
1
1
amended
to
read
as
follows:
12
42
-
111.
DOMESTIC
PURPOSES
DEFINED.
(1)
For
purposes
of
sections
13
42
-
221,
42
-
227,
42
-
230,
42
-
235,
42
-
237a,
42
-
242,
42
-
243,
and
42
-
1401A,
14
Idaho
Code:
15
(a)
The
phrase
"domestic
purposes"
or
"domestic
uses"
means:
16
(a)(i)
"Domestic
purposes"
or
"domestic
uses"
means:
17
(i)
1.
The
use
of
water
for
homes,
organization
camps,
18
public
campgrounds,
livestock,
and
for
any
other
purpose
19
in
connection
therewith,
including
irrigation
of
up
to
20
one
-
half
(1/2)
acre
of
land,
if
the
total
use
does
not
exceed
21
thirteen
thousand
(13,000)
gallons
per
day;
or
22
(ii)
2.
The
use
of
water
for
any
other
purpose,
if
the
to
-
23
tal
use
does
not
exceed
a
diversion
volume
of
two
and
eight
-
24
tenths
(2.8)
acre
feet
per
year.
25
(b)
(ii)
"Domestic
purposes"
or
"domestic
uses"
shall
not
include
26
water
for
the
following
purposes,
unless
the
use
meets
the
diver
-
27
sion
rate
and
volume
limitations
set
forth
in
paragraph
(a)
(i)2.
28
of
this
subsection:
29
(i)
1.
Mobile
home
parks
or
recreational
vehicle
parks;
30
(ii)
2.
Apartments,
condominiums,
and
similar
developments
31
with
multiple
dwelling
units;
32
(iii)
3.
Except
Subdivisions,
except
as
provided
in
subsec
-
33
tion
(3)
of
this
section
,
subdivisions,
as
defined
in
chap
-
34
ter
13,
title
50,
Idaho
Code
;
or
35
(iv)
4.
Commercial
or
business
establishments
or
mixed
-
use
36
establishments
where
the
water
is
used
primarily
for
commer
-
37
cial
or
business
purposes.
38
(b)
"In
-
home
use"
means
the
utilization
of
water
within
a
residence
or
39
household,
including
all
activities
that
require
water,
such
as
drink
-
40
ing,
cooking,
bathing,
and
cleaning
within
and
around
the
household.
It
41
2
does
not
include
irrigation
of
lawns,
gardens,
landscaping,
pastures,
1
or
other
open
spaces.
2
(c)
"Subdivision"
means
a
tract
of
land
divided
into
five
(5)
or
more
3
lots,
parcels,
or
sites
for
the
purpose
of
sale
or
building
development,
4
whether
immediate
or
future;
provided
that
this
definition
shall
not
5
include
a
bona
fide
division
or
partition
of
agricultural
land
for
agri
-
6
cultural
purposes.
For
purposes
of
this
paragraph,
"bona
fide
division
7
or
partition
of
agricultural
land
for
agricultural
purposes"
means
the
8
division
of
land
into
lots,
all
of
which
are
five
(5)
acres
or
larger
and
9
maintained
as
agricultural
lands.
10
(2)
Except
as
provided
in
subsection
(3)
of
this
section,
multiple
wa
-
1
1
ter
rights
for
domestic
uses
or
domestic
purposes
shall
not
be
established
or
12
exercised
in
a
manner
to
satisfy
a
single
combined
water
use
or
purpose
that
13
would
not
itself
come
within
the
definition
of
a
domestic
use
or
purpose
un
-
14
der
this
section.
The
purpose
of
this
limitation
is
to
prohibit
the
diver
-
15
sion
and
use
of
water,
under
a
combination
of
domestic
purposes
or
domestic
16
uses
as
defined
in
this
section,
to
provide
a
supply
of
water
for
a
use
that
17
does
not
meet
the
exemption
of
section
42
-
227,
Idaho
Code,
and
is
required
18
to
comply
with
the
mandatory
application
and
permit
process
for
developing
a
19
right
to
the
use
of
water
pursuant
to
chapter
2,
title
42,
Idaho
Code.
20
(3)
Multiple
water
rights
for
domestic
purposes
or
uses
may
be
estab
-
21
lished
and
exercised
from
the
same
point
or
points
of
diversion
if
the
use
22
is
limited
to
residential,
in
-
home
use.
This
subsection
does
not
affect
any
23
other
permitting
requirement
or
other
requirement
that
may
apply
to
the
use
24
of
water
within
a
subdivision.
For
the
purposes
of
this
section,
the
term
25
"in
-
home
use"
means
the
utilization
of
water
within
a
residence
or
house
-
26
hold,
including
all
activities
that
require
water,
such
as
drinking,
cook
-
27
ing,
bathing,
and
cleaning
within
and
around
the
household.
It
does
not
in
-
28
clude
irrigation
of
lawns,
gardens,
landscaping,
pastures,
or
other
open
29
spaces.
30
SECTION
2.
That
Section
42
-
227,
Idaho
Code,
be,
and
the
same
is
hereby
31
amended
to
read
as
follows:
32
42
-
227.
DRILLING
AND
USE
OF
WELLS
FOR
DOMESTIC
PURPOSES
EXCEPTED.
(1)
33
Except
as
provided
in
subsection
(4)
of
this
section,
excavation
and
opening
34
of
wells
and
the
withdrawal
of
water
therefrom
for
domestic
purposes
or
uses
35
as
defined
in
section
42
-
111,
Idaho
Code,
shall
not
be
subject
to
permit
re
-
36
quirements
under
section
42
-
229,
Idaho
Code.
Rights
to
ground
water
for
such
37
domestic
purposes
may
be
acquired
by
withdrawal
and
use.
38
(2)
Wells
and
withdrawal
devices
for
domestic
purposes
or
uses
shall
be
39
subject
to
inspection
by
the
department
of
water
resources
and
the
depart
-
40
ment
of
environmental
quality.
41
(3)
Well
drillers
shall
be
licensed
pursuant
to
the
licensing
provi
-
42
sions
of
section
42
-
238,
Idaho
Code.
43
(4)
For
purposes
of
new
diversions
for
use
within
subdivisions,
as
de
-
44
fined
in
chapter
13,
title
50,
Idaho
Code,
section
42
-
111,
Idaho
Code,
where
45
the
completed
application
to
develop
the
subdivision
is
filed
pursuant
to
46
chapter
65,
title
67,
Idaho
Code,
on
or
after
July
1,
2025,
in
any
area
where
47
the
director
of
the
department
of
water
resources
has
issued
a
moratorium
48
order
on
the
development
of
new
water
rights
or
has
designated
a
critical
49
3
ground
water
area
or
ground
water
management
area,
an
application
for
a
per
-
1
mit
,
pursuant
to
section
42
-
229,
Idaho
Code,
shall
be
required
for
the
di
-
2
version
of
water
for
any
new
domestic
purposes
or
uses,
as
defined
in
sec
-
3
tion
42
-
111,
Idaho
Code,
other
than
for
in
-
home
uses,
as
defined
in
section
4
42
-
111,
Idaho
Code,
or
watering
livestock.
5
SECTION
3.
That
Section
31
-
3805,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
31
-
3805.
DELIVERY
OF
WATER
WITHIN
SUBDIVISIONS.
(1)
The
provisions
of
8
this
section
shall
apply
to
any
proposed
subdivision,
as
defined
in
chapter
9
13,
title
50,
Idaho
Code,
within
the
state
of
Idaho
or
to
a
subdivision
sub
-
10
ject
to
a
more
restrictive
county
or
city
zoning
ordinance.
A
completed
ap
-
1
1
plication
to
develop
a
subdivision
filed
pursuant
to
chapter
65,
title
67,
12
Idaho
Code,
that
was
filed
on
or
before
June
30,
2025,
is
governed
by
the
law
13
as
it
existed
at
the
time
of
filing.
14
(2)
For
any
subdivision
that
lies
within
the
service
area
or
area
of
15
city
impact
of
a
municipal
provider,
the
following
requirements
apply:
16
(a)
If
a
shared
well
or
public
water
system
is
installed,
it
shall
be
17
designed
to
meet
requirements
of
that
municipal
provider
and
be
planned
18
to
integrate
with
and
connect
to
the
municipal
provider's
system
when
19
appropriate.
The
requirements
of
this
paragraph
shall
not
apply
if
an
20
agreement
is
reached
with
the
municipal
provider;
21
(b)
The
municipal
provider
shall
be
consulted
in
the
design
of
the
22
shared
well
or
public
water
system
to
ensure
proper
integration;
and
23
(c)
Upon
connection
to
the
municipal
provider's
system,
the
water
24
rights
associated
with
the
subdivision's
shared
well
or
public
water
25
system
shall
be
conveyed
to
the
municipal
provider.
26
(3)
If
surface
water
for
irrigation
is
reasonably
available
to
all
or
27
any
part
of
a
subdivision,
as
provided
in
section
67
-
6537,
Idaho
Code,
then
28
no
subdivision
plat,
amendment
to
a
subdivision
plat,
or
any
other
plat
or
29
map
recognized
by
the
city
or
county
for
the
division
of
land
will
be
ac
-
30
cepted,
approved,
and
recorded
unless
the
owner
or
entity
has
provided
for
31
the
irrigation
of
lots
within
the
subdivision
using
the
available
surface
32
water.
33
(4)
For
subdivisions
using
water
provided
by
an
irrigation
entity,
as
34
required
by
section
67
-
6537,
Idaho
Code,
the
subdivision
plat
or
with
the
35
plat
mat
as
an
exhibit
shall
include
a
description
of
the
system
used
to
de
-
36
liver
irrigation
water
from
the
irrigation
entity's
point
of
delivery
to
the
37
individual
lots.
In
such
cases:
38
(a)
For
proposed
subdivisions
within
the
incorporated
limits
of
a
city,
39
the
irrigation
system
must
be
approved
by
the
city
zoning
authority
or
40
the
city
council,
as
provided
by
city
ordinance,
with
the
advice
of
the
41
irrigation
entity
charged
with
the
delivery
of
water
to
such
lands;
and
42
(b)
For
proposed
subdivisions
located
outside
an
incorporated
city,
43
the
irrigation
system
must
be
approved
by
the
board
of
county
commis
-
44
sioners,
with
the
advice
of
the
irrigation
entity
charged
with
the
45
delivery
of
water
to
such
lands.
46
(5)
For
subdivisions
receiving
water
from
an
irrigation
entity,
the
47
subdivision
plat
or
amendment
to
a
subdivision
plat
shall
contain
notes
48
stating
the
following:
49
4
(a)
That
the
subdivision
or
a
portion
of
it
is
located
within
the
ser
-
1
vice
area
of
the
irrigation
entity
and
the
name
and
contact
information
2
for
the
irrigation
entity;
3
(b)
That
a
system
for
the
delivery
of
irrigation
water
to
lots
within
4
the
subdivision
has
been
provided;
5
(c)
That
the
system
has
been
approved
as
required
by
subsection
(4)
of
6
this
section;
7
(d)
That
the
purchaser
of
each
lot
shall
remain
subject
to
all
assess
-
8
ments
levied
by
the
irrigation
entity;
and
9
(e)
That
unpaid
irrigation
entity
assessments
are
a
lien
on
the
land
10
within
the
irrigation
entity.
1
1
SECTION
4.
That
Section
50
-
1334,
Idaho
Code,
be,
and
the
same
is
hereby
12
amended
to
read
as
follows:
13
50
-
1334.
REVIEW
OF
WATER
SYSTEMS
ENCOMPASSED
BY
PLATS.
Whenever
any
14
plat
is
subject
to
the
terms
and
requirements
of
sections
50
-
1326
through
15
50
-
1329,
Idaho
Code,
no
person
shall
offer
for
recording,
or
cause
to
be
16
recorded,
a
plat
unless
he
or
she
shall
have
certified
that
he
or
she
is
in
17
compliance
with
section
31
-
3805
(2)
,
Idaho
Code,
where
applicable,
and
that
18
at
least
one
(1)
of
the
following
is
the
case:
19
(1)
The
individual
lots
described
in
the
plat
will
not
be
served
by
any
20
water
system
common
to
one
(1)
or
more
of
the
lots,
but
will
be
served
by
indi
-
21
vidual
wells.
22
(2)
All
of
the
lots
in
the
plat
will
be
eligible
to
receive
water
service
23
from
an
existing
water
system,
be
the
water
system
municipal,
a
water
dis
-
24
trict,
a
public
utility
subject
to
the
regulation
of
the
Idaho
public
utili
-
25
ties
commission,
or
a
mutual
or
nonprofit
water
company,
and
the
existing
wa
-
26
ter
distribution
system
has
agreed
in
writing
to
serve
all
of
the
lots
in
the
27
subdivision.
28
(3)
If
a
new
water
system
will
come
into
being
be
developed
to
serve
the
29
subdivision,
that
it
the
entity
in
charge
of
that
system
has
or
will
have
suf
-
30
ficient
contributed
capital
to
allow
the
water
system's
wells,
springboxes,
31
reservoirs,
and
mains
to
be
constructed
to
provide
service
without
further
32
connection
charges
or
fees
to
the
landowners
of
the
lots
required
to
lot
own
-
33
ers
,
except
for
connection
of
laterals,
meters
or
other
plant
exclusively
34
for
the
lot
owner's
own
use.
35
Failure
to
comply
with
this
section
is
a
misdemeanor
subject
to
the
36
provisions
of
section
50
-
1329,
Idaho
Code.
The
certification
must
be
filed
37
or
recorded
as
part
of
the
plat
document
preserved
for
public
inspection.
38
Property
Lot
owners
in
the
area
encompassed
by
the
plat
will
subdivision
39
shall
be
entitled
to
the
benefits
of
the
third
provision
subsection
(3)
of
40
this
section
when
that
option
is
chosen.
41
SECTION
5.
An
emergency
existing
therefor,
which
emergency
is
hereby
42
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
43
passage
and
approval.
44