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Idaho Department of Water Resources2012 Water Right Licensing Summary
By Shelley Keen, Craig Saxton, and Dan NelsonNovember 29, 2012
The Challenge
Idaho Department of Water Resources
Water Appropriation Process
Application for Permit
Legal Notice
Permit
Proof of Beneficial Use Statement and
Examination Fee
Beneficial Use Field
Examination
Water Right License
Protest?Protest
Resolution Process
I.C. 42-203A(5) Criteria Met?
Application Denied
1 to 5
Years
Use Devel-oped?
Permit Lapses
Beneficial Use
Found?
Void Permit
No
Yes
Yes
No
Yes
No
No
Yes
Idaho Department of Water Resources
The Water Right Licensing Backlog
As of April 1, 2012, the backlog was 3200 active permits with proof of beneficial use submitted.
Of the 3200, examinations had already been conducted for 600, but licenses had not yet been issued.
2600 of the 3200 active permits required examination.
The backlog isn’t static.As of November 23, 2012, we have 1570 active permits
with proof yet to be submitted.We expect to issue over 300 new permits per year for
the foreseeable future.
FY 1974 FY 19840
200
400
600
800
1000
1200
1400
1600
1800
1654
1197
672
563
Idaho Department of Water ResourcesPermits vs. Licenses -- 1974 and 1984
Permits IssuedLicenses Issued
Idaho Department of Water ResourcesLicensing Backlog Timeline
Mid -1980s Examination fee requiredFee used to hire temporary seasonal examiners, mostly
college studentsCertified Water Right Examiner (private sector) option
implemented
1987Snake River Basin Adjudication (SRBA) commencedIDWR emphasized work on the SRBA
End of FY1999Licensing backlog is 2585
Idaho Department of Water Resources
Water Right Licensing Timeline Continued
2001IDWR redesigns its software for processing water rightsNo licenses issued for a year
2006Water Rights staff work on SRBA claim reviewLicensing effort suspended
2007 to 2011Transfer backlog reduction prioritizedLicensing effort minimal
April 1, 2012Backlog is 3200
Idaho Department of Water Resources
Water Right Licensing Program Urgency
Idaho Supreme Court Decision in the 2011 Brownlee Hydro Case (Idaho Power Company v. Idaho Department of Water Resources):
“Therefore, a water right does not vest until all of the statutory steps have been completed, including obtaining a license.” (Page 13)
“Indeed, if Idaho Power believed it was being injured by the
Department’s delay in issuing the license, it could have sought a writ of mandamus to compel action by the Department. I.C. § 7-302 provides an avenue for a party ‘to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust or station . . . .’ I.C. § 7-302. “ (Page 15)
Idaho Department of Water Resources
Water Right Licensing Program Urgency Continued
Because permits do not permanently establish the elements of water rights, their value is uncertain. When farms and businesses seek operating loans, licenses give lenders confidence.
IDWR must base water right licenses on the beneficial use established prior to the date proof of beneficial use was submitted. As years pass, it gets difficult for water right examiners to confirm what was developed at the time proof of beneficial use was made.
The water right licensing backlog developed under competing priorities for Department resources. Reduced demand for water right permits and transfers has made Department resources available for the licensing effort.
Idaho Department of Water Resources
Effects of Past Licensing Measures
Temporary examinersMany field reports left significant questions
unanswered when the temporary employment period ended.
Turning the examinations over to private sector Certified Water Right Examiners
The contribution by CWREs is extremely valuable, but few permits holders choose CWREs because IDWR’s statutorily mandated fees are usually less.
Idaho Department of Water Resources
What licensing measures have worked?
In 2007 regional managers were given the authority to sign water right licenses. This eliminated a bottleneck in the state office.
Having the field examiner also draft the license has improved efficiency and raised the quality of exams and licenses.
Beneficial Use Field Examination Rules were updated in the spring of 2012 to remove the requirement for on-site examinations for permits that meet certain requirements.
The Director required contributions to the water right licensing effort from staff members in Hydrology, Water Distribution, Planning, and Geographic Information Systems. Staff members in Fiscal and Information Technology also contributed to the licensing effort.
Accomplishment
Nov-08
Jan-09
Mar-09
May-09
Jul-09
Sep-09
Nov-09
Jan-10
Mar-10
May-10
Jul-10
Sep-10
Nov-10
Jan-11
Mar-11
May-11
Jul-11
Sep-11
Nov-11
Jan-12
Mar-12
May-12
Jul-12
Sep-12
Nov-12
0
500
1000
1500
2000
2500
3000
3500
4000
Idaho Department of Water ResourcesActive Permits with Proof Submitted
Eastern Southern Western Northern
18517%
21620%
10810%
20619%
19118%
15815%
Idaho Department of Water ResourcesBeneficial Use Field Examination Effort
April - Oct. 20121064 Examinations Conducted
Eastern
Northern
Southern
Western
Water Rights Section
Other State Office Examiners*
* Other State Office Examiners includes contributions from In-formation Technology, Geospatial Technology, Hydrology, Water Compliance, Fiscal, and Planning. This group includes Dan Nel-son and Sandra Thiel.
10216%
14723%
8814%
10817%
19530%
Idaho Department of Water ResourcesWater Right Licensing Effort
April - Oct. 2012640 Licenses Issued
Eastern Northern
Southern Western
State Office
Apr-12 May-12 Jun-12 Jul-12 Aug-12 Sep-12 Oct-120
500
1000
1500
2000
2500
3000
676 676 649 629 559 524 461
608 611539 502
432 418394
426 407
367368
314281
251
922 921
893859
803745
661
Idaho Department of Water ResourcesTotal Permits Requiring A Field Examination
Eastern Northern Southern Western
Proof Made before 1990
Proof Made in the 1990s
Proof Made 2000 to 2009
Proof Made in 2010 or Later
0
200
400
600
800
1000
1200
1400
1600
147
892
1409
716
122
764
1150
593
Idaho Department of Water ResourcesAge of the Water Right Licensing Backlog
4/1/201211/16/2012
Idaho Department of Water Resources
Cost Savings from Exempting On-Site Examinations
In 2012 the Beneficial Use Examination Rules were modified to allow some small beneficial uses of water to be confirmed without an on-site inspection. Of the 166 proof statements received April to Oct. 2012, development of the permitted beneficial use was confirmed without a field visit 40 times. IDWR estimates that it requires, on average, $339 more to conduct a field examination than it does to confirm beneficial use through desktop review. The estimated cost savings over seven months has been $13,560.
Projected Cost without Rule Change Estimated Cost with Rule Change$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
$160,000
$180,000
$153,882$140,322
Estimated Cost Savings from Rule Change(166 Proof Statements Submitted April - Oct. 2012)
Looking Ahead
FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY120
100
200
300
400
500
600
700
Idaho Department of Water ResourcesApplications for Permit, Transfer Applications, and Licenses
Applications ReceivedTransfer Applications ReceivedLicenses Issued
0.04 cfs or Less52%
0.05 cfs to 0.99 cfs31%
1.00 cfs or More10%
Storage7%
Idaho Department of Water ResourcesWater Right Licenses Issued
April - Oct. 2012640 Licenses Issued
0.04 cfs or Less22%
0.05 cfs to 0.99 cfs49%
1.00 cfs or More23%
Storage Only6%
Idaho Department of Water ResourcesActive Permits on Nov. 23, 2012
4181 Permits
Idaho Department of Water Resources
Water Right Licensing – Considerations for the Future
As the previous slides show, the increased licensing effort corresponds to a period of reduced demand for permits and transfers. If the economy improves, and applications for new water rights and transfers increase, the licensing effort may not be sustainable with current staffing levels.
Staff members reassigned from non-Water Right programs contributed 15% of the field examinations in 2012. Committing all of these staff members to field examinations may not be sustainable, depending on demands for services in their respective programs, such as Hydrology and Geospatial Technology.
Field staff members struggled to work with aging equipment and vehicles, and there were not always enough to go around. Also, increased usage results in increased wear-and-tear. Sustaining the examination and licensing effort will require substantial investment in vehicles and equipment.
Retaining experienced staff members is key to the effort, as it was for the transfer backlog reduction. Experienced staff members work more efficiently.
Questions?
Shelley KeenWater Rights Section [email protected]
208-287-4947
Craig SaxtonWater Rights Supervisor
Dan NelsonStaff Hydrologist
