TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 2

APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY

42-227.  Drilling and use of wells for domestic purposes excepted. (1) Except as provided in subsection (4) of this section, excavation and opening of wells and the withdrawal of water therefrom for domestic purposes or uses as defined in section 42-111, Idaho Code, shall not be subject to permit requirements under section 42-229, Idaho Code. Rights to ground water for such domestic purposes may be acquired by withdrawal and use.

(2)  Wells and withdrawal devices for domestic purposes or uses shall be subject to inspection by the department of water resources and the department of environmental quality.

(3)  Well drillers shall be licensed pursuant to the licensing provisions of section 42-238, Idaho Code.

(4)  For purposes of new diversions within subdivisions, as defined in chapter 13, title 50, Idaho Code, in any area where the director of the department of water resources has issued a moratorium order on the development of new water rights or has designated a critical ground water area or ground water management area, an application for permit, pursuant to section 42-229, Idaho Code, shall be required for the diversion of water for any new domestic purposes or uses, as defined in section 42-111, Idaho Code, other than for in-home uses, as defined in section 42-111, Idaho Code, or watering livestock.

History:

[42-227, added 1951, ch. 200, sec. 2, p. 423; am. 1970, ch. 187, sec. 1, p. 541; am. 1978, ch. 324, sec. 1, p. 819 ; am. 2001, ch. 103, sec. 79, p. 318; am. 2025, ch. 129, sec. 2, p. 664.]