Idaho Code
Idaho Code

Idaho Code § 42-202B (2026)

Definitions. 

✓ current as of May 2026
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Definitions. 

Whenever used in this title, the term:

(1)  "Consumptive use" means that portion of the annual volume of water diverted under a water right that is transpired by growing vegetation, evaporated from soils, converted to nonrecoverable water vapor, incorporated into products, or otherwise does not return to the waters of the state. Consumptive use is not an element of a water right. Consumptive use does not include any water that falls as precipitation directly on the place of use. Precipitation shall not be considered to reduce the consumptive use of a water right. "Authorized consumptive use" means the maximum consumptive use that may be made of a water right. If the use of a water right is for irrigation, for example, the authorized consumptive use reflects irrigation of the most consumptive vegetation that may be grown at the place of use. Changes in consumptive use do not require a transfer pursuant to section 42-222, Idaho Code.
(2)  "Digital boundary" means the boundary encompassing and defining an area consisting of or incorporating the place of use or permissible place of use for a water right prepared and maintained by the department of water resources using a geographic information system in conformance with the national standard for spatial data accuracy or succeeding standard.
(3)  "Local public interest" is defined as the interests that the people in the area directly affected by a proposed water use have in the effects of such use on the public water resource.
(4)  "Municipality" means a city incorporated under section 50-102, Idaho Code, a county, or the state of Idaho acting through a department or institution.
(5)  "Municipal provider" means:
(a)  A municipality that provides water for municipal purposes to its residents and other users within its service area;
(b)  Any corporation or association holding a franchise to supply water for municipal purposes, or a political subdivision of the state of Idaho authorized to supply water for municipal purposes, and which does supply water, for municipal purposes to users within its service area; or
(c)  A corporation or association which supplies water for municipal purposes through a water system regulated by the state of Idaho as a "public water supply" as described in section 39-103(12), Idaho Code.
(6)  "Municipal purposes" refers to water for residential, commercial, industrial, irrigation of parks and open space, and related purposes, excluding use of water from geothermal sources for heating, which a municipal provider is entitled or obligated to supply to all those users within a service area, including those located outside the boundaries of a municipality served by a municipal provider.
(7)  "Planning horizon" refers to the length of time that the department determines is reasonable for a municipal provider to hold water rights to meet reasonably anticipated future needs. The length of the planning horizon may vary according to the needs of the particular municipal provider.
(8)  "Reasonably anticipated future needs" refers to future uses of water by a municipal provider for municipal purposes within a service area which, on the basis of population and other planning data, are reasonably expected to be required within the planning horizon of each municipality within the service area not inconsistent with comprehensive land use plans approved by each municipality. Reasonably anticipated future needs shall not include uses of water within areas overlapped by conflicting comprehensive land use plans.
(9)  "Service area" means that area within which a municipal provider is or becomes entitled or obligated to provide water for municipal purposes. For a municipality, the service area shall correspond to its corporate limits, or other recognized boundaries, including changes therein after the permit or license is issued. The service area for a municipality may also include areas outside its corporate limits, or other recognized boundaries, that are within the municipality’s established planning area if the constructed delivery system for the area shares a common water distribution system with lands located within the corporate limits. For a municipal provider that is not a municipality, the service area shall correspond to the area that it is authorized or obligated to serve, including changes therein after the permit or license is issued.
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2001–2022 · leading case: 3g Ag LLC v. Idwr, 509 P.3d 1180 (Idaho 2022).
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3g Ag LLC v. Idwr, 509 P.3d 1180 (Idaho 2022). · cites it 6× “ailable information and shall approve the change in whole, or in part, or upon conditions, provided [1] no other water rights are injured thereby, [2] the change does not constitute an enlargement in use of the original right, [3] the change is consistent with the conservation…”
Barron v. Idaho Dep't of Water Resources, 18 P.3d 219 (Idaho 2001). · cites it 4× “§ 42-222(1), the director may consider historical consumptive use, as defined in I.C. § 42-202B, 2 as a factor in determining whether a proposed transfer would result in an enlargement in use or injure other water rights.”
City of Blackfoot v. Gary Spackman, 396 P.3d 1184 (Idaho 2017). · cites it 2× “used for such purposes; (h) a legal description of the place of use; if one (1) of the purposes of use is irrigation, then the number of irrigated acres within each forty (40) acre subdivision, except that the place of use may be described using a general description in the…”
North Snake Ground Water Dist. v. Idaho Dep't of Water Resources, 376 P.3d 722 (Idaho 2016). · cites it 12× “Idaho law allows the Director to deny an application to appropriate water where the proposed use “will conflict with the local public interest as defined in section 42-202B, Idaho Code.” I.C. § 42-203A(5)(e).”
Chisholm v. Idaho Dept. of Water Resources, 125 P.3d 515 (Idaho 2005). · cites it 4× “§ 42-222 was amended to refer to the definition of the local public interest contained in I.C. § 42-202B. 2003 Idaho Session Laws, ch.”
— Idaho Code § 42-202B(1) — 1 case
3g Ag LLC v. Idwr, 509 P.3d 1180 (Idaho 2022). “ailable information and shall approve the change in whole, or in part, or upon conditions, provided [1] no other water rights are injured thereby, [2] the change does not constitute an enlargement in use of the original right, [3] the change is consistent with the conservation…”
— Idaho Code § 42-202B(3) — 2 cases
Chisholm v. Idaho Dept. of Water Resources, 125 P.3d 515 (Idaho 2005). “§ 42-222 was amended to refer to the definition of the local public interest contained in I.C. § 42-202B. 2003 Idaho Session Laws, ch.”
North Snake Ground Water Dist. v. Idaho Dep't of Water Resources, 376 P.3d 722 (Idaho 2016). “Idaho law allows the Director to deny an application to appropriate water where the proposed use “will conflict with the local public interest as defined in section 42-202B, Idaho Code.” I.C. § 42-203A(5)(e).”
— Idaho Code § 42-202B(l) — 1 case
Barron v. Idaho Dep't of Water Resources, 18 P.3d 219 (Idaho 2001). “§ 42-222(1), the director may consider historical consumptive use, as defined in I.C. § 42-202B, 2 as a factor in determining whether a proposed transfer would result in an enlargement in use or injure other water rights.”
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