Idaho's 2026 Session: Water and Irrigation Bills That Passed

Ratifies the 2026 Coeur d'Alene Tribe water rights settlement

Ratified the Coeur d'Alene Tribe Water Rights Settlement Agreement of 2026, resolving tribal water claims in the Coeur d'Alene–Spokane River Basin Adjudication — a legal proceeding that had been active for decades. The settlement also authorized the Idaho Water Resource Board to establish a water supply bank, allowing the Tribe to lease or rent its federal reserved water rights to off-reservation users within the basin. Passed both chambers without a single dissenting vote — the session's only unanimous major bill.

House 64–0 · Senate 34–0 · Rep. Ron Mendive (R)

Allows cities to hold water rights for municipal geothermal heating systems

Updated Idaho's Reasonably Anticipated Future Needs (RAFN) statutes to allow cities to hold water rights for municipal geothermal systems — a change that enables communities to secure the water needed to operate ground-source heat infrastructure. The bill codifies best practices around non-consumptive use and reinjection, requiring that geothermal water be returned to the aquifer to preserve the resource. Passed overwhelmingly in both chambers.

House 68–2 · Senate 35–0 · Rep. James Petzke (R)

Relaxes irrigation district director qualifications in smaller districts

Allowed irrigation districts under 15,000 acres to expand their pool of eligible board directors by permitting landowners who live in an adjoining county — rather than strictly within the district's county — to serve on the board, as long as they own land in the division being represented. The change must be adopted by a two-thirds vote of the existing board. Sponsors cited the growing difficulty smaller districts face in finding qualified, willing candidates for board service.

House 70–0 · Senate 34–0 · Sen. Kelly Arthur Anthon (R)

Clarifies that ditch owners may work within irrigation easements without landowner permission

Clarified that when maintenance or repair work is performed within an existing irrigation easement, the ditch or canal owner is not required to provide advance notice to or obtain written permission from the underlying landowner. The change resolved ambiguity in prior law that had created disputes between irrigation operators and property owners whose land the easement crosses.

House 45–25 · Senate 29–5 · Sen. Van Burtenshaw (R)

Authorizes water districts to charge fees for updating ownership records

Allowed water districts to charge property-specific fees for updating and managing water records when land ownership changes — for example, when a farm is sold and the associated water rights need to be re-registered. The fee must be authorized by a patron resolution. Previously, districts absorbed these administrative costs without recourse.

House 59–11 · Senate 32–0 · Sen. Van Burtenshaw (R)

Sets clear timelines for irrigation districts responding to exclusion petitions

Established specific deadlines for irrigation district boards to review and respond to petitions from landowners seeking to be excluded from the district. Prior law required boards to consider such petitions but did not specify when they had to act, leaving petitioners without a defined timeline for resolution.

House 59–11 · Senate 34–0 · Sen. Van Burtenshaw (R)

Consolidates Idaho water delivery statutes into a single code chapter

Repealed an older chapter of Idaho water law (Chapter 9, Title 42) and consolidated its provisions into the main water delivery chapter (Chapter 13, Title 42) as part of the legislature's ongoing code cleanup mandate. The bill preserved all substantive provisions while eliminating the redundant chapter structure. Passed with small but consistent opposition in both chambers.

House 60–10 · Senate 34–0 · Sen. Van Burtenshaw (R)

Sets a legislative goal of 750,000 acre-feet of new water storage by 2100

Expressed the Legislature's commitment to a long-term water storage goal: 750,000 acre-feet of new capacity by 2100 — labeled the '750k by 2100' initiative. The memorial cites declining aquifer levels, reduced snowpack, and insufficient reservoir capacity as motivating concerns, and urges Congress and federal agencies to fast-track feasibility studies, support new storage projects, and complete an updated basin study. As a joint memorial, it carries no binding legal effect but communicates Idaho's policy position to federal partners.

Memorial — no roll call required · Rep. Ben Fuhriman (R)

Four concurrent resolutions supporting water district infrastructure projects

Four separate concurrent resolutions — one each for Idaho Water Resource Board Districts 1, 2, 3, and 4 — declared legislative support for specific infrastructure projects in those districts and endorsed continued state investment in Eastern Snake Plain Aquifer stabilization, diversion structure modernization, and new water storage. The resolutions covering Districts 3 and 4 specifically cited the Magic Valley dairy industry and the ESPA's role in regional food production. All four carry no binding legal effect but signal legislative priorities to the Water Resource Board.

Resolutions — no roll call required · Multiple sponsors