All Roll Calls
Yes: 95 • No: 3
IdahoS 10832025 regular legislative sessionSenateWALLET
DOMESTIC WATER USE – Amends existing law related to domestic use of water and to provide for delivery, planning, and enforcement.
Sponsored By: RESOURCES AND ENVIRONMENT COMMITTEE
Signed by Governor
DOMESTIC WATER USE
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 2 benefits, 3 costs, 3 mixed.
Excess household water use faces penalties
The state water agency can investigate excess domestic use and give owners 90 days to fix it or show compliance. If the issue remains unresolved to the director's satisfaction, the agency can issue a violation notice. Excess irrigation carries a $500 penalty for each 0.1 acre over the allowed area. Other excess use carries the lesser of $100 per day above the rate limit or $100 per excess acre-foot. Penalties can recur each year, capped at $5,000 annually; an assessed irrigation-season penalty remains due after correction. A county that agrees to collect penalties keeps half and sends half to the director. Unpaid penalties become property liens, and the director can also seek a court order to stop unlawful use.
Lot buyers can recover water compliance costs
Subdivision buyers can sue for all costs needed to bring lots into compliance when sellers failed to comply before sale. The law removes the former $1,500-per-lot recovery cap and the express choice between lot exclusion and system installation. Missing required disclosures creates separate liability to buyers and irrigation entities for expenses. Those responsible must notify buyers about missing delivery systems and past-due assessments. Buyers and irrigation entities have two years after discovering the violation to sue, and winning parties receive reasonable costs and attorney fees.
Some subdivision water uses need permits
Certain new domestic diversions in subdivisions require a permit application in restricted water areas. This covers areas under a new-water-rights moratorium, critical groundwater areas, and groundwater management areas. In-home use and livestock watering are exempt from this special permit rule. After notice, the state water director can pause covered permit decisions to protect existing rights, enforce water law, or protect minimum flows.
Household water rights get new limits
Domestic use for homes, camps, livestock, and related uses is capped at 13,000 gallons daily, including irrigation of up to half an acre. Other domestic uses face limits of 0.04 cubic feet per second and 2.8 acre-feet yearly. Mobile home and RV parks, apartments, condominiums, subdivisions, and mainly commercial establishments qualify only within the other-use limits. Multiple domestic water rights can share a diversion point only for residential in-home uses, such as drinking, cooking, bathing, and cleaning. This allowance excludes lawn, garden, landscape, and pasture irrigation, and leaves other permit and subdivision requirements unchanged.
Subdivision filings must confirm water service
People recording covered subdivision plats must certify compliance with applicable water-delivery rules and record that certification with the plat. They must also identify individual lot wells, an existing system with a written service agreement, or a funded new system. A new system needs enough contributed capital to build the facilities without further connection charges to landowners. Exceptions allow charges for laterals, meters, or facilities for an owner's own use. Noncompliance can be a misdemeanor under existing plat laws.
Subdivision irrigation brings service and assessment rules
Local officials cannot approve or record covered subdivision plats unless owners provide surface-water irrigation where it is reasonably available. Availability means a surface-water right belongs or can be attached to the land, an irrigation entity can deliver water the land is entitled to, or an entity has sufficient rights and a system to allocate and deliver water. For subdivisions served by an irrigation entity, the plat must describe delivery to individual lots and identify the entity and service area. The delivery system needs city or county approval with the irrigation entity's advice. Plat notices must confirm the approved system and warn buyers that assessments remain due and unpaid assessments become land liens.
Local planning must review groundwater effects
Beginning July 1, 2025, local boards must consider groundwater when adopting, changing, or repealing comprehensive plans. They must review effects on groundwater sources, quantity, and quality. The review requirement does not dictate a particular planning decision or provide a direct household payment.
Subdivision water systems must plan connections
Subdivision shared wells and public water systems within a municipal provider's service area or area of city impact face connection-planning rules. Developers must consult the provider and design systems to meet its requirements and connect when appropriate, unless an agreement provides otherwise. Upon connection, the subdivision system's water rights go to the municipal provider unless another provider agreement specifies otherwise.
Sponsors & Cosponsors
Sponsor
RESOURCES AND ENVIRONMENT COMMITTEE
Affiliation unavailable
Cosponsors
Kelly Arthur Anthon
Republican • Senate
Douglas T. Pickett
Republican • House
Roll Call Votes
House vote • 3/14/2025
House Floor Vote
Yes: 63 • No: 2
Senate vote • 3/5/2025
Senate Floor Vote
Yes: 32 • No: 1
Actions Timeline
Signed by Governor on 03/19/25 Session Law Chapter 129 Effective: 07/01/2025
3/20/2025Reported delivered to Governor at 4:10 p.m. on 03/18/25
3/19/2025Reported signed by the Speaker & ordered delivered to Governor
3/18/2025Received from Senate; Signed by Speaker; Returned to Senate
3/18/2025HouseReported enrolled; signed by President; to House for signature of Speaker
3/17/2025SenateReturned From House Passed; referred to enrolling
3/17/2025SenateRead Third Time in Full – PASSED - 63-2-5
3/14/2025HouseU.C. to hold place on third reading calendar one legislative day
3/13/2025HouseRead second time; Filed for Third Reading
3/12/2025HouseReported out of Committee with Do Pass Recommendation, Filed for Second Reading
3/11/2025HouseRead First Time, Referred to Resources & Conservation
3/6/2025HouseReceived from the Senate, Filed for First Reading
3/6/2025HouseRead third time in full as amended – PASSED - 32-1-2
3/5/2025SenateRetained on calendar
3/5/2025SenateRetained on calendar
3/4/2025SenateRetained on calendar
3/3/2025SenateRetained on calendar
2/28/2025SenateRead second time as amended, filed for Third reading
2/26/2025SenateRead first time as amended, filed for Second Reading
2/25/2025SenateReported engrossed, filed for first reading, as amended
2/25/2025SenateAmendments reported printed
2/25/2025SenateAmendments ordered printed; referred for engrossment
2/25/2025SenateReported out without recommendation, as amended
2/25/2025SenatePlaced in the Committee of the Whole
2/25/2025SenateReported out of committee; to 14th Order for amendment
2/24/2025Senate
Bill Text
Amendment
Bill Text
Engrossment 1
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