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194th Legislature (2025-2026) Introduced by James Arena-DeRosa and 3 co-sponsors

The bill requires the Idaho Water Resource Board to divert all available water for ESPA recharge until 350,000 acre-feet are reached or the aquifer is deemed stable.

Hearing scheduled for 10/21/2025 from 01:00 PM-05:00 PM in B-1

Summary of House Bill No. 197 (H 197)

Overview

H 197 is a bill from the Resources and Conservation Committee that would amend Idaho Code to mandate the diversion of water for aquifer recharge in the Eastern Snake Plain Aquifer (ESPA). The measure adds a new section (42-1781) requiring the Idaho Water Resource Board (IWRB) to divert all available recharge-eligible water for ESPA recharge until a defined recharge goal is met or the aquifer is deemed stable. The bill includes an emergency clause and sets an effective date of July 1, 2025.

Key provisions

New Section 42-1781, Idaho Code: DIVERSION FOR RECHARGE

The IWRB must divert, under its recharge water rights, all available water for ESPA recharge purposes.
Diversion continues until one of two conditions is satisfied: 1) The ESPA recharge goal of 350,000 acre-feet for the irrigation season is met (or a higher goal is established and met by an approved state water plan). 2) The director of the Department of Water Resources (DWR) issues a written declaration that the aquifer (or the portion subject to recharge) is stable.

Effective date and emergency

The act declares an emergency and becomes effective on July 1, 2025.
Emergency status accelerates implementation once passed.

Context and intention

The bill responds to concerns about declines in the ESPA and seeks to codify a formal recharge program.

It aims to prioritize recharge activities over other uses of water rights held by the IWRB, aligning water management with long-term aquifer health.

Fiscal note and funding

The fiscal note indicates no changes to general fund appropriations.

Existing resources and infrastructure are considered adequate to support the proposed recharge allocations and processes.

Affected parties

Idaho Water Resource Board (IWRB): obligated to divert water for recharge under the new mandate.

Department of Water Resources (DWR): responsible for a written stability declaration trigger.

ESPA region irrigators and water-right holders: potential changes to water availability based on recharge needs.

State water planning processes: may influence or set higher recharge goals via an approved state plan.

Procedural timeline

Introduced: February 10, 2025 (first reading, referred to JRA for printing).

February 11, 2025: Reported Printed and Referred to Resources & Conservation.

Status: Reported Printed and Referred to Resources & Conservation (as of the provided document).

Notes for readers

The bill relies on existing IWRB recharge rights and does not specify operational details beyond the mandate to divert “all available water” for recharge until the stated conditions are met.

The higher recharge goal could be set by future state water plans, potentially altering the target beyond 350,000 acre-feet.