IDAPA 37.02.04
Who does this rule apply to?
Participants in the Shoshone-Bannock Tribal Water Supply Bank.
What is the purpose of this rule?
These rules govern the operation and management of the Shoshone-Bannock Tribal Water Supply Bank.
What is the legal authority for the agency to promulgate this rule?
This rule implements the following statutes passed by the Idaho Legislature:
Water Resource Board:
Who do I contact for more information on this rule?
Idaho Department of Water Resources 322 East Front Street P.O. Box 83720 Boise, ID 83720 Phone: (208) 287-4800 Email: mathew.weaver@idwr.idaho.gov idwr.idaho.gov
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
37.02.04 – Shoshone-Bannock Water Bank Rules
000. Legal Authority. ... 3
001. Scope. ... 3
002. Incorporation By Reference. ... 3
003. -- 009. (Reserved) ... 3
010. Definitions. ... 3
011. -- 024. (Reserved) ... 3
025. General. ... 3
026. -- 029. (Reserved) ... 3
030. Management. ... 3
031. -- 034. (Reserved) ... 4
035. Assignments Of Tribal Stored Water To The Rental Pool. ... 4
036. -- 039. (Reserved) ... 4
040. Rental Of Water From The Rental Pool. ... 4
041. -- 049. (Reserved) ... 5
050. Rental Payments. ... 5
051. -- 054. (Reserved) ... 5
055. Term Of Rentals. ... 5
056. -- 059. (Reserved) ... 5
060. Liability. ... 5
061. -- 999. (Reserved) ... 5
Section 42-1761 Idaho Code, and Article 18.1.3 of “The 1990 Fort Hall Indian Water Rights Agreement” (as defined in Subsection 010.01). (7-1-26)
These rules set the procedures for the Shoshone-Bannock Water Bank to provide for rental of tribal stored water outside the reservation pursuant to Sections 42-1761 through 42-1766, Idaho Code, and operated consistent with IDAPA 37.02.03.040, and Article 7.3 of the Agreement. (7-1-26)
This chapter incorporates by reference Articles 4.1, 4.8, 4.19, 4.22, 4.23, 4.37, 4.38, 4.43, 4.44, 4.47, 4.49, 4.55, 4.58, 7.3, and 18.1 of “The 1990 Fort Hall Indian Water Rights Agreement” (https://idwr.idaho.gov/wp-content/uploads/sites/2/adjudication/1990-Fort-Hall-Indian-Water-Rights-Agreement.pdf). (7-1-26)
In addition to the definitions set forth below, the definitions in the Agreement are incorporated to the extent they are applicable. (7-1-26)
01. Agreement. “The 1990 Fort Hall Indian Water Rights Agreement” as ratified by the Shoshone-Bannock Tribes in June, 1991, and as approved by the United States in Public Law 101-602, 104 Stat. 3061 on November 16, 1990, and by the state of Idaho in 1991 Idaho Session Laws Chapter 228 at 547. (3-31-22)
02. Chairperson. The person selected by the Tribal Rental Pool Committee to be the head of the Committee. (3-31-22)
03. Committee. The Tribal Rental Pool Committee. (3-31-22)
04. Council. The Fort Hall Business Council. (3-31-22)
05. Rental Pool. The Tribal stored water assigned to and rented from the Bank. (7-1-26)
06. Renter. The person or entity renting water from the Rental Pool. (7-1-26)
07. Tribal Stored Water. The storage water accruing to the federal contract storage space identified in Article 7.3.1 of the Agreement. (3-31-22)
01. Consistency. The operation of the Bank will be consistent with provisions of the Tribes’ spaceholder contracts with the United States. (7-1-26)
02. Storage Water. Tribal stored water rented from the Rental Pool will be deemed storage water of the renter during the term of the approved rental. (7-1-26)
03. Evaporation Losses. Evaporation losses associated with any Tribal stored water assigned to the Rental Pool will be charged to storage space from which the water is released. (7-1-26)
01. Bank Operation. The Bank will be operated by the Committee in conformity with these rules and the Agreement. (7-1-26)
02. Chairperson Selection. The Committee will select its own Chairperson from the Committee as determined by a majority vote of the Committee. Each term of the Chairperson of the Committee will not exceed four (4) years; however, nothing precludes the same person from being re-elected as Chairperson by the members for more
than one (1) term. (7-1-26)
03. Committee Responsibilities. The Committee shall have the following responsibilities: (7-1-26)
a. The Committee will ensure that the Bank is operated in compliance with these rules and the Agreement and will establish such other policies for the operation of the Bank as are consistent with these rules and the Agreement. (7-1-26)
b. The Committee will advise the Council on water banking activities upon request. (7-1-26)
04. Chairperson Duties. The Chairperson will be responsible for such duties as are delegated by the Committee. (7-1-26)
031. -- 034. (RESERVED)
01. Assignments of Stored Water. Whenever Tribal stored water is made available for rental, it will be deemed that it is the intention of the Tribes to assign sufficient space to yield the amount of water designated. Assignments of Tribal stored water to the Rental Pool should identify the reservoir from which the assignment is being made to the Committee. (7-1-26)
02. Control of Assigned Water. All Tribal stored water assigned to the Rental Pool by the Council will be under the control of the Committee for the duration of the term of the assignment to be rented in accordance with these rules and the terms of the assignment. (7-1-26)
03. Return of Unrented Water. Any Tribal stored water assigned to the Rental Pool that is not rented will be returned to the credit of the Tribes. (7-1-26)
036. -- 039. (RESERVED)
01. Rental Priorities. Notice to the Fort Hall Indian Irrigation Project of Tribal stored water assigned to the Rental Pool available for rental will be given in accordance with procedures established by agreement of the Tribes and the Fort Hall Indian Irrigation Project. (7-1-26)
02. Rental Application. A request to rent water will be in writing on a form provided by the Committee, or as a drafted rental agreement provided by the Reservation Watermaster. A copy of the request will be provided to each member of the Committee for consideration of approval and forwarded to the Council. (7-1-26)
03. Content of Approval Rental Agreements. All approved rental agreements will contain the following information: (7-1-26)
a. Name and address of the renter, (3-31-22)
b. Amount of tribal stored water obligated, (3-31-22)
c. The beneficial use, (3-31-22)
d. The rental price, (3-31-22)
e. The legal description of the point of diversion and place of use will be identified by the end of the accounting year for water district 01, (7-1-26)
f. The duration of the approval rental agreement, (7-1-26)
g. The understanding of responsibilities and exposures if reservoir space does not fill at some time
during the term of the approved rental agreement.
(7-1-26)
h. The understanding that transportation losses occurring between the reservoir and the place of use will be deducted from water delivered under the approved rental agreement.
041. -- 049. (RESERVED)
01. Rental Price. The price for rental Tribal stored water from the bank will be set by the Council.
02. Management of Rental Income. Rental payments will be made directly to the Council. The Council will be responsible for the management of the rental income. If payments are made over time, and payment is not received by the Council, the Council will promptly notify the Committee to hold back the release of the water until payment is properly received.
051. -- 054. (RESERVED)
Any request to rent water below Milner Dam for a period in excess of five (5) years will be subject to negotiations between the Tribes and the Idaho Water Resource Board consistent with IDAPA 37.02.03.040.01.g.
056. -- 059. (RESERVED)
Nothing in these rules will be construed as modifying or altering any provisions of the Agreement, including but not limited to Article 7.3.12.
061. -- 999. (RESERVED)