Amends and adds to existing law to establish provisions regarding the 2026 Coeur d'Alene Tribe water rights settlement agreement and to provide for the Coeur d'Alene tribal water supply bank.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 789 BY WAYS AND MEANS COMMITTEE AN ACT1 RELATING TO THE COEUR D'ALENE TRIBE WATER RIGHTS; AMENDING CHAPTER 14, TITLE2 42, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 42-1430, IDAHO CODE,3 TO PROVIDE FOR THE APPROVAL, RATIFICATION, CONFIRMATION, AND AUTHO-4 RIZATION OF THE COEUR D'ALENE TRIBE WATER RIGHTS SETTLEMENT AGREEMENT;5 AMENDING CHAPTER 17, TITLE 42, IDAHO CODE, BY THE ADDITION OF A NEW SEC-6 TION 42-1765B, IDAHO CODE, TO PROVIDE FOR THE COEUR D'ALENE TRIBAL WATER7 SUPPLY BANK; AND DECLARING AN EMERGENCY.8

Be It Enacted by the Legislature of the State of Idaho:9

SECTION 1. That Chapter 14, Title 42, Idaho Code, be, and the same is10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-11 ignated as Section 42-1430, Idaho Code, and to read as follows:12 42-1430. THE COEUR D'ALENE TRIBE WATER RIGHTS SETTLEMENT AGREEMENT --13 RATIFICATION AND AUTHORIZATION FOR IMPLEMENTATION. (1) As used in this sec-14 tion:15 (a) "The Coeur d'Alene tribe water rights settlement agreement of16 2026" or "agreement" means the Coeur d'Alene tribe water rights settle-17 ment agreement dated 2026, relating to CSRBA consolidated subcase No.18 91-7755 in the CSRBA court.19 (b) "CSRBA" means the Coeur d'Alene-Spokane river basin adjudication20 litigation before the CSRBA court, In re CSRBA, No. 49576.21 (c) "CSRBA court" means the district court of the fifth judicial dis-22 trict of the state of Idaho, in and for the county of Twin Falls.23 (2) The Coeur d'Alene tribe water rights settlement agreement of 202624 is hereby approved, ratified, and confirmed.25 (3) The executive branch agencies or officers of the state with obli-26 gations under the Coeur d'Alene tribe water rights settlement agreement of27 2026 shall execute and perform all actions consistent with this section that28 are necessary to implement the agreement.29

SECTION 2. That Chapter 17, Title 42, Idaho Code, be, and the same is30 hereby amended by the addition thereto of a NEW SECTION, to be known and des-31 ignated as Section 42-1765B, Idaho Code, and to read as follows:32 42-1765B. COEUR D'ALENE-SPOKANE RIVER BASIN -- COEUR D'ALENE TRIBAL33 WATER SUPPLY BANK. (1) The water resource board shall appoint a local34 rental committee to facilitate operation of a water supply bank for the35 off-reservation lease and rental of consumptive use federal reserved wa-36 ter rights held by or on behalf of the Coeur d'Alene tribe within the Coeur37 d'Alene-Spokane river basin, which shall be known as the Coeur d'Alene38 tribal water supply bank. Except as is inconsistent with this section, the39 provisions of section 42-1765, Idaho Code, and the board's water supply bank40

2 rules applicable to the operation of a storage water rental pool shall apply1 to the operation of the tribal water supply bank for such leases and rentals.2 (2) The local rental committee shall have authority to rent consumptive3 use federal reserved water rights held by or on behalf of the Coeur d'Alene4 tribe, including natural flow and ground water rights, between consent-5 ing owners and consenting renters, for beneficial use outside of the Coeur6 d'Alene Indian reservation.7 (3) Consistent with applicable law, rights to the use of water for a8 portion of the approved period of use under a consumptive use federal re-9 served water right held by or on behalf of the Coeur d'Alene tribe may be10 accepted into the water supply bank and rented out to satisfy any minimum11 stream flow water right held by the water resource board.12

SECTION 3. An emergency existing therefor, which emergency is hereby13 declared to exist, this act shall be in full force and effect on and after its14 passage and approval.15