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IdahoS 12222026 regular legislative sessionSenateWALLET

DOMESTIC WELLS – Amends existing law to revise provisions regarding the domestic use of water.

Sponsored By: RESOURCES AND ENVIRONMENT COMMITTEE

Signed by Governor

DOMESTIC WELLS

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 1 costs, 2 mixed.

Water funding protections for subdivision buyers

Covered subdivision plats must record proof of compliance with surface-water irrigation rules and explain how lots get water. The choices are individual wells, an existing water system with a written agreement to serve every lot, or a new system. For a new system, its builder must have or expect enough contributed money to build wells, springboxes, reservoirs, and mains. Lot owners are entitled to this funding protection and cannot face additional connection charges for that shared infrastructure. Owners can still be charged for pipes, meters, or equipment used only by their lot. Failure to meet the plat certification requirements is a misdemeanor.

New water permits for some subdivisions

New subdivision water diversions need permits in areas with a moratorium on new water rights or designated groundwater restrictions. Those restrictions include critical groundwater areas and groundwater management areas designated by Idaho's water resources director. This requirement applies when the completed subdivision application was filed on or after July 1, 2025. Water used inside homes or for livestock watering is exempt from this new permit requirement. Domestic wells generally remain permit-exempt, but state water resources and environmental quality agencies can inspect them.

New limits on household water use

Domestic water use for homes, camps, campgrounds, livestock, and related uses is capped at 13,000 gallons daily. Domestic irrigation is limited to 0.5 acre per parcel; in-home use excludes lawns, gardens, landscaping, pastures, and open spaces. Other uses qualify at no more than 2.8 acre-feet yearly, including subdivisions, multifamily housing, mobile-home and RV parks, and businesses. Domestic water rights cannot be combined to exceed these limits; multiple rights at one diversion point are allowed only for in-home use. A subdivision generally means five or more lots, parcels, or sites for sale or development. Agricultural divisions are excluded only when every lot is at least five acres and stays in agricultural use.

Subdivision water safeguards and assessment notices

Water-delivery rules now cover any subdivision, not just proposed developments; completed applications filed through June 30, 2025, follow prior law. Stricter city or county zoning rules can also apply. Within a municipal provider's service or city-impacted area, shared wells and public systems must meet its design standards after consultation. Unless a written agreement says otherwise, systems must plan for future municipal connection; their water rights transfer upon connection. A plat cannot be accepted unless lots use reasonably available surface irrigation water. Irrigation-served plats must describe delivery to individual lots, with city or county approval and input from the irrigation provider. Plat notes must identify the provider and its contact information, confirm system approval, and disclose assessments and liens for unpaid assessments.

Sponsors & Cosponsors

Sponsor

  • RESOURCES AND ENVIRONMENT COMMITTEE

    Affiliation unavailable

Cosponsors

  • Kelly Arthur Anthon

    Republican • Senate

  • Douglas T. Pickett

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 98 • No: 0

House vote • 2/11/2026

House Floor Vote

Yes: 69 • No: 0

Senate vote • 1/30/2026

Senate Floor Vote

Yes: 29 • No: 0

Actions Timeline

  1. Signed by Governor on 02/17/26 Session Law Chapter 2 Effective: 02/17/2026

    2/18/2026

  2. Reported delivered to Governor at 1:20 p.m. on 02/17/26

    2/18/2026

  3. Reported signed by the Speaker & ordered delivered to Governor

    2/17/2026

  4. Received from Senate; Signed by Speaker; Returned to Senate

    2/16/2026House

  5. Reported enrolled; signed by President; to House for signature of Speaker

    2/13/2026Senate

  6. Returned From House Passed; referred to enrolling

    2/12/2026Senate

  7. Read Third Time in Full – PASSED - 69-0-1

    2/11/2026House

  8. U.C. to hold place on third reading calendar one legislative day

    2/10/2026House

  9. Read second time; Filed for Third Reading

    2/9/2026House

  10. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

    2/6/2026House

  11. Read First Time, Referred to Resources & Conservation

    2/2/2026House

  12. Received from the Senate, Filed for First Reading

    2/2/2026House

  13. Read third time in full – PASSED - 29-0-6

    1/30/2026Senate

  14. Read second time; filed for Third Reading

    1/28/2026Senate

  15. Reported out of Committee with Do Pass Recommendation; Filed for second reading

    1/27/2026Senate

  16. Reported Printed; referred to Resources & Environment

    1/16/2026Senate

  17. Introduced; read first time; referred to JR for Printing

    1/15/2026Senate

Bill Text

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