Eastern Snake Plain Aquifer Area Having Common Ground Water Supply

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 2 APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY 42-233c. Eastern snake plain aquifer AREA HAVING COMMON GROUND WATER SUPPLY. (1) The area having a common ground water supply for the eastern Snake plain aquifer, as that term is used in the administration of water rights pursuant to the rules for the conjunctive management of surface and ground water resources, is the aquifer underlying the eastern Snake river plain as described in model calibration report, eastern Snake plain aquifer model version 2.2. of May 2021. (2)  The director of the department of water resources may expand the area having a common ground water supply for the eastern Snake plain aquifer to include tributary basins that affect the eastern Snake river plain aquifer. The director shall not expand the area having a common ground water supply for the eastern Snake plain aquifer to include areas that have been designated as a critical ground water area or a ground water management area and that have approved ground water management plans unless the director determines that the existing ground water management plan for such tributary basin is insufficient to manage the effects of ground water withdrawals on the aquifer from which withdrawals are made and on any other hydraulically connected sources of water, including the eastern Snake plain aquifer. (3)  Before entering an order expanding the eastern Snake plain aquifer area of common ground water supply pursuant to subsection (2) of this section, the director shall, by regular mail, send notice of the proposed action to the owner of each water right proposed to be administered in the tributary basin. The notice shall describe the proposed action to be taken, the reasons therefor, and the time and place of a hearing to be held concerning the proposed action, and shall provide a time period within which written comment on the action will be accepted. The hearing shall not be held sooner than ten (10) days after the mailing of the notice, and the written comment period shall not close sooner than ten (10) days after the hearing. Instead of mailing notice, the director may publish notice describing the proposed action, the time and place for the hearing, and the deadline for receiving written comment. The notice shall be published once a week for two (2) weeks in a newspaper having general circulation within the tributary basin, with the second publication appearing at least ten (10) days before the date set for the hearing. The hearing shall be held within the tributary basin or at some nearby location convenient to the affected water users. The department shall allow for both oral and written comments to be provided. (4)  The director may issue an order expanding the eastern Snake plain aquifer area of common ground water supply after the hearing. Any person aggrieved by the action of the director may contest such action pursuant to section 42-1701A (3), Idaho Code.