ID S1033

Adds new Section 42-204A to Idaho Code requiring ground water permits for irrigation on land with existing surface water rights to condition use of surface water as primary supply and ground water only as supplemental when surface water is insufficient or unavailable.

Requires the Department of Water Resources to determine whether proposed irrigation land has appurtenant surface water rights or is entitled to surface water distribution from irrigation districts, canal companies, ditch users associations, or other water delivery entities.

Conditions ground water permits to prohibit ground water use if surface water supply is intentionally discontinued or reduced, or if annual assessments to water delivery entities are not paid.

Allows the Department to waive conditioning requirements if surface water rights are not distributed by a water delivery entity and the applicant demonstrates surface water use is not necessary to protect local public interest, or if the application connects to an approved mitigation or ground water management plan.

Effective July 1, 2023, with determinations by the Department binding on the applicant and successors in all proceedings before state and local governmental entities.