TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 39

INJECTION WELLS

42-3902.  Definitions. Whenever used in this chapter:

(1)  "Aquifer" means any geologic formation that will yield water to a well in sufficient quantities to make production of water from the formation feasible for beneficial use, except when the water in such formation results solely from injection through a deep or shallow injection well.

(2)  "Deep injection well" means an injection well that is more than eighteen (18) feet in vertical depth below land surface.

(3)  "Director" means the director of the department of water resources.

(4)  "Drinking water source" means an aquifer that contains water having less than ten thousand (10,000) mg/l total dissolved solids and has not been exempted from this designation by the director of the department of water resources.

(5)  "Fluid" means any material or substance that flows or moves whether in a semisolid, liquid, sludge, gaseous or any other form or state.

(6)  "Formation" means a body of consolidated or unconsolidated rock characterized by a degree of lithologic homogeneity that is mappable at the earth’s surface or traceable in the subsurface.

(7)  "Hazardous waste" means any fluid or combination of fluids, excluding radioactive wastes, that because of quantity, concentration or characteristics (physical, chemical or biological) may:

(a)  Cause or significantly contribute to an increase in deaths or an increase in serious, irreversible or incapacitating reversible illness; or

(b)  Pose a substantial threat to human health or to the environment if improperly treated, stored, disposed of, or managed. Such wastes include but are not limited to materials that are toxic, corrosive, ignitable, or reactive or materials that may have mutagenic, teratogenic, or carcinogenic properties, but do not include solid or dissolved material in domestic sewage or solid or dissolved material in irrigation return flows.

(8)  "Injection" means the subsurface emplacement of fluids through an injection well, but excludes the following:

(a)  The underground injection of natural gas for purposes of storage; and

(b)  The underground injection of fluids or propping agents, other than diesel fuels, pursuant to hydraulic fracturing operations related to oil, gas or geothermal production activities.

(9)  "Injection well" means any feature that is operated to allow injection that also meets at least one (1) of the following criteria:

(a)  A bored, drilled or driven shaft whose depth is greater than the largest surface dimension;

(b)  A dug hole whose depth is greater than the largest surface dimension;

(c)  An improved sinkhole; or

(d)  A subsurface fluid distribution system.

Provided however, that "injection well" does not mean or include any well used for oil, gas or geothermal production activities, other than one into which diesel fuels are injected pursuant to hydraulic fracturing operations.

(10) "Irrigation waste water" means excess surface water from agricultural fields generated during any agricultural operation, including runoff of irrigation tailwater, as well as natural drainage resulting from precipitation, snowmelt and floodwaters.

(11) "Licensed driller" means any person holding a valid license to drill water wells in Idaho as provided and defined in section 42-238, Idaho Code.

(12) "Operate" means to allow fluids to enter an injection well by action or by inaction of the operator.

(13) "Operator" means any individual, group of individuals, partnership, company, corporation, municipality, county, state agency, taxing district or federal agency who operates or proposes to operate any injection well.

(14) "Owner" means any individual, group of individuals, partnership, company, corporation, municipality, county, state agency, taxing district, or federal agency owning land on which any injection well exists or is proposed to be constructed.

(15) "Radioactive material" means any material, solid, liquid or gas that emits radiation spontaneously.

(16) "Radioactive waste" means any fluid that contains radioactive material in concentrations that exceed those established for discharges to water by 10 CFR 20.

(17) "Sanitary waste" means any fluid generated through residential (domestic) activities, such as food preparation, cleaning and personal hygiene. The term does not include industrial, municipal, commercial or other nonresidential process fluids.

(18) "Shallow injection well" means an injection well that is less than or equal to eighteen (18) feet in vertical depth below land surface.

(19) "Surface runoff water" means runoff water from the natural ground surface and cropland. Runoff from urbanized areas, such as streets, parking lots, airports, and runoff from animal feedlots, agricultural processing facilities and similar facilities are not included within the scope of this term.

History:

[42-3902, added 1971, ch. 301, sec. 2, p. 1235; am. 1984, ch. 155, sec. 2, p. 372; am. 2001, ch. 103, sec. 84, p. 325; am. 2007, ch. 83, sec. 9, p. 232; am. 2011, ch. 110, sec. 2, p. 287; am. 2012, ch. 111, sec. 5, p. 306; am. 2013, ch. 44, sec. 1, p. 91; am. 2014, ch. 107, sec. 1, p. 313; am. 2024, ch. 20, sec. 1, p. 161.]