Idaho’s New Water Law: Understanding S1083 and Its Impact on Domestic Water Use

Idaho's Senate Bill S1083, set to take effect on July 1, 2025, brings new changes to the state’s domestic water laws. Each year, Idaho and its water users spend millions of dollars to address declining groundwater supplies. Since 2004, over 27,500 acres of domestic exempt irrigation have been developed in Idaho, and 55,696 domestic wells have been drilled. These domestic uses are not subject to curtailment and do not contribute to efforts to resolve the groundwater concerns. Limitations on new exempt domestic uses will only apply to those developed AFTER July 1, 2025.

Key Provisions of Senate Bill S1083

The bill redefines "domestic purposes" to include water for traditional water for consumption and stock watering. All other uses, including irrigation, will require an Application for Permit. However, it excludes multi-unit residential and commercial uses unless those uses meet specific criteria. This shift in language clarifies how domestic water rights are allocated and ensures that the term is applied in a manner consistent with the state’s long-term water goals. S1083 also defines in-home use.

Multiple Domestic Water Rights

One of the significant changes brought by S1083 is the allowance for multiple domestic water rights to come from a single diversion point, limited to residential and in-home use only; it does not include irrigation of lawns, gardens, landscaping, pastures, or other open spaces.

Water Management in Subdivisions

Another important aspect of S1083 is the requirement for subdivisions to integrate their water systems with municipal providers, where applicable. This provision is designed to ensure that subdivisions within municipal service areas have compatible water systems, or community wells. Furthermore, the bill mandates that surface water be used for irrigation when it is available. This legislation addressed the concern that each new well drilled has the potential to contaminate the aquifer.

Strengthened Enforcement and Compliance

The Idaho Department of Water Resources (IDWR) is empowered to enforce compliance with water regulations more robustly under this new law. If water permits are violated due to overuse or mismanagement, the IDWR has the authority to suspend those permits, which provides a deterrent against water misuse and encourages better management practices.

Legal Recourse for Water Delivery

Finally, the bill provides a clear pathway for enforcement through civil action. Property owners or stakeholders can file a civil suit if water delivery requirements are unmet. The winning party is entitled to recover costs and attorney fees, which encourages adherence to water management practices and ensures that disputes are resolved fairly.

Read Idaho SB 1083 HERE