TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 17

DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD

42-1765B.  COEUR D’ALENE-SPOKANE RIVER BASIN — Coeur d’alene TRIBAL WATER supply BANK. (1) The water resource board shall appoint a local rental committee to facilitate operation of a water supply bank for the off-reservation lease and rental of consumptive use federal reserved water rights held by or on behalf of the Coeur d’Alene tribe within the Coeur d’Alene-Spokane river basin, which shall be known as the Coeur d’Alene tribal water supply bank. Except as is inconsistent with this section, the provisions of section 42-1765, Idaho Code, and the board’s water supply bank rules applicable to the operation of a storage water rental pool shall apply to the operation of the tribal water supply bank for such leases and rentals.

(2)  The local rental committee shall have authority to rent consumptive use federal reserved water rights held by or on behalf of the Coeur d’Alene tribe, including natural flow and ground water rights, between consenting owners and consenting renters, for beneficial use outside of the Coeur d’Alene Indian reservation.

(3)  Consistent with applicable law, rights to the use of water for a portion of the approved period of use under a consumptive use federal reserved water right held by or on behalf of the Coeur d’Alene tribe may be accepted into the water supply bank and rented out to satisfy any minimum stream flow water right held by the water resource board.

History:

[42-1765B, added 2026, ch. 181, sec. 2, p. 823.]