Section 37.03.01.035 - VARIABLE FEES01. General. For each claim not meeting the criteria of Subsection 030.01, there may be a variable fee in addition to the flat fee. (3-18-22)02.Per Acre Fee. (3-18-22) a. A fee of one dollar ($1.00) per acre shall be required for claims for irrigation use. (3-18-22)b. The per acre fee shall only be charged once against a particular acre, regardless of the number of claims filed for the irrigation of that acre or the number of claimants filing claims for the irrigation of that acre. (3-18-22)c. The per acre fee shall be payable by the first person to file a claim for the irrigation of a particular acre. (3-18-22)d. The per acre fee for an irrigation project where the canals constructed cover an area of twenty-five thousand (25,000) acres or more, or irrigation districts organized and existing as such under the laws of the state of Idaho, or for beneficial use by more than five (5) water users in an area of less than twenty-five thousand (25,000) acres shall be determined based upon the acreage claimed to be irrigated by the project or irrigation district within the boundaries of the project or irrigation district. (3-18-22)03.Per Kilowatt Fee. (3-18-22) a. A per kilowatt of capacity (manufacturer's nameplate rating) fee of three dollars and fifty cents ($3.50) per kilowatt, or two hundred fifty thousand dollars ($250,000.00), whichever is less, shall be required for claims for power use. (3-18-22)b. The per kilowatt fee shall be determined based upon the total generating capacity of all generators in which the water right claimed is used. (3-18-22)c. The total per kilowatt fee for all claims filed for a single hydropower facility shall not exceed the per kilowatt fee for the total generating capacity of all generators in the hydropower facility. (3-18-22)04.Per CFS Fee. (3-18-22)a. A fee of ten dollars ($10) per cfs for aquaculture shall be required. A fee of one hundred dollars ($100) per cfs for all other uses shall be required except for irrigation, power, and domestic and stock watering uses meeting the definition of domestic and stock watering use in Section 010. (3-18-22)b. For a claim to water for more than one (1) public purpose, the per cfs fee shall only be charged once per cfs claimed. Public purposes shall include public in-stream flows, lake level maintenance, wildlife, aesthetic beauty, and recreation. (3-18-22)c. If there is a seasonal variation in the number of cfs claimed, the per cfs fee shall be based upon the maximum number of cfs claimed for any period during a single calendar year. (3-18-22)d. The per cfs fee shall apply to claims for water quality improvement, recreation, aesthetic purposes, and any other purpose not expressly listed at Section 42-1414(1), Idaho Code, except as otherwise provided by these rules. (3-18-22)05.Claims Including Storage. (3-18-22) a. The variable fee for a claim that includes storage shall be based upon the ultimate use of the water stored. If the claim states purposes other than diversion to storage, storage, and diversion from storage, the total variable fee will be determined as provided in Subsection 035.06. (3-18-22)b. No variable fee shall be payable for water claimed for ground water recharge purposes. (3-18-22)c. For purposes of determining the per cfs fee for amounts of water claimed in af, one (1) cfs equals one and ninety-eight one-hundreths (1.98) af per day of diversion to storage. (3-18-22)d. No variable fee shall be payable for minimum by-pass flows. (3-18-22)06.Multiple Purpose Claims. If a claimant claims more than one (1) purpose of use on a single claim, the variable fee will be the total of the variable fees payable for each purpose of use. (3-18-22)07. Exceptions. No variable fee shall be payable for claims or portions of claims for fire-fighting purposes if a claim is required under Subsection 025.07 or for domestic use and/or stock watering use meeting the definitions of domestic use and stock watering use in Section 010. (3-18-22)Idaho Admin. Code r. 37.03.01.035