The bill amends the Idaho Code to enhance the regulatory framework for the appropriation and use of geothermal water, particularly in relation to municipal purposes. It revises Section 42-202 to require applications for water appropriation to include provisions for geothermal heating and cooling, specifically detailing how low-temperature geothermal water will be injected. Additionally, the definition of "municipal purposes" in Section 42-202B is expanded to explicitly include geothermal heating and cooling under certain conditions. The bill also clarifies the process for changing the point of diversion, place of use, period of use, or nature of use of water rights in Section 42-222, ensuring that any changes are approved by the Department of Water Resources and that existing rights related to flood and winterflow waters remain unaffected.

Moreover, the bill introduces new requirements for municipal providers to demonstrate their qualifications and alignment with anticipated future needs when applying for changes in water use. It allows for a potential extension of up to five years for the forfeiture of water rights due to nonuse if good cause is shown, with a structured process for public notice and protests. The director of the Department of Water Resources is responsible for reviewing applications to ensure that changes do not harm existing rights and align with local interests. The bill also emphasizes the importance of preserving the agricultural base of local areas and includes a judicial review process for departmental decisions, with an emergency clause making the act effective from July 1, 2026.

Statutes affected:
Bill Text: 42-202, 42-202B, 42-222