Current through August 31, 2023
Section 37.03.11.031 - DETERMINING AREAS HAVING A COMMON GROUND WATER SUPPLY01.Director to Consider Information. The Director will consider all available data and information that describes the relationship between ground water and surface water in making a finding of an area of common ground water supply. (3-31-22)02.Kinds of Information. The information considered may include, but is not limited to, any or all of the following: (3-31-22)a. Water level measurements, studies, reports, computer simulations, pumping tests, hydrographs of stream flow and ground water levels and other such data; and (3-31-22)b. The testimony and opinion of expert witnesses at a hearing on a petition for expansion of a water district or organization of a new water district or designation of a ground water management area. (3-31-22)03.Criteria for Findings. A ground water source will be determined to be an area having a common ground water supply if: (3-31-22)a. The ground water source supplies water to or receives water from a surface water source; or (3-31-22)b. Diversion and use of water from the ground water source will cause water to move from the surface water source to the ground water source. (3-31-22)c. Diversion and use of water from the ground water source has an impact upon the ground water supply available to other persons who divert and use water from the same ground water source. (3-31-22)04. Reasonably Anticipated Average Rate of Future Natural Recharge. The Director will estimate the reasonably anticipated average rate of future natural recharge for an area having a common ground water supply. Such estimates will be made and updated periodically as new data and information are available and conditions of diversion and use change. (3-31-22)05.Findings. The findings of the Director will be included in the Order issued pursuant to Rule Subsection 030.07. (3-31-22)Idaho Admin. Code r. 37.03.11.031