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 ACT	1
RELATING TO THE COEUR D'ALENE TRIBE WATER RIGHTS; AMENDING CHAPTER 14, TITLE	2
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 WATER	7
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 is	10
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 of	16
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 adjudication	20
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 2026	24
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 of	27
2026 shall execute and perform all actions consistent with this section that	28
are necessary to implement the agreement.	29
SECTION 2. That Chapter 17, Title 42, Idaho Code, be, and the same is	30
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 TRIBAL	33
WATER SUPPLY BANK. (1) The water resource board shall appoint a local	34
rental committee to facilitate operation of a water supply bank for the	35
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 Coeur	37
d'Alene-Spokane river basin, which shall be known as the Coeur d'Alene	38
tribal water supply bank. Except as is inconsistent with this section, the	39
provisions of section 42-1765, Idaho Code, and the board's water supply bank	40

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rules applicable to the operation of a storage water rental pool shall apply	1
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 consumptive	3
use federal reserved water rights held by or on behalf of the Coeur d'Alene	4
tribe, including natural flow and ground water rights, between consent-	5
ing owners and consenting renters, for beneficial use outside of the Coeur	6
d'Alene Indian reservation.	7
(3) Consistent with applicable law, rights to the use of water for a	8
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 be	10
accepted into the water supply bank and rented out to satisfy any minimum	11
stream flow water right held by the water resource board.	12
SECTION 3. An emergency existing therefor, which emergency is hereby	13
declared to exist, this act shall be in full force and effect on and after its	14
passage and approval.	15

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