What is a water delivery call in Idaho, and which delivery calls are still active?
A delivery call is a senior Idaho water right holder asking the Department of Water Resources to curtail junior rights that are materially injuring the senior's supply. IDWR administers calls under Section 42-603, Idaho Code, and the conjunctive management rules at IDAPA 37.03.11, and it publishes every matter with its full filing trail. As of August 2026 the department lists 242 legal matters, 37 active and 205 archived, among them 19 delivery calls and 48 mitigation plans. Four delivery calls remain on the active list: the Surface Water Coalition call (CM-DC-2010-001), the Rangen 2011 and 2014 calls (CM-DC-2011-004 and CM-DC-2014-004), and the Blue Lakes and Clear Springs 2010 calls (CM-DC-2010-002/003). The Surface Water Coalition docket alone carries 1,047 filings, opening on 14 January 2005 and running to 24 July 2026, five years before the 2010 call the docket is numbered for.
What an Idaho delivery call changes that a bill does not
Legislation changes the rules for a future season. A delivery call changes what a farm may divert in this one.
A senior water right holder who is not getting their water can ask the Director of the Department of Water Resources to curtail junior rights that are causing the shortfall. If the Director finds material injury, junior pumping stops unless the juniors mitigate. On the Eastern Snake Plain that reaches thousands of ground water irrigators whose rights postdate the surface rights on the rivers above them.
The record of these matters is public and complete. IDWR posts every delivery call, mitigation plan, administrative action, and court case with its docket number and the full dated trail of filings behind it. What does not exist anywhere is a plain-language index of what is open, what is closed, and how long each has run. This page is that index.
The Idaho authority for delivery calls, and where the tests come from
Two sources do the work.
Section 42-603, Idaho Code authorises the Director to adopt rules for distributing water from streams, rivers, lakes and ground water "as shall be necessary to carry out the laws in accordance with the priorities of the rights of the users."
The rules made under it are the conjunctive management rules, IDAPA 37.03.11. Three of them carry most of the weight:
- Rule 40 governs responses to calls for water delivery in an organised water district.
- Rule 42 sets out what the Director may weigh in deciding whether a right holder is suffering material injury and is using water efficiently and without waste. The listed factors are open-ended, and they include the amount of water available in the source, the effort or expense of diverting it, and whether junior ground water rights individually or collectively affect the quantity and timing of water available to the senior.
- Rule 43 governs mitigation plans. A plan is submitted in writing, identifies the water rights it benefits, describes the supplies proposed for mitigation and any limits on their availability, and goes to notice and hearing before the Director.
That last rule is the reason the mitigation plan docket is longer than the delivery call docket. A call is filed once. Mitigation is renegotiated, extended, and amended for as long as the call stays open.
What the IDWR delivery call record actually holds
The Idaho Department of Water Resources lists 242 legal matters: 37 active and 205 archived. By matter type:
| Type | Active | Archived | Total |
|---|---|---|---|
| District Court | 4 | 89 | 93 |
| Administrative | 10 | 44 | 54 |
| Mitigation Plan | 15 | 33 | 48 |
| Supreme Court | 0 | 22 | 22 |
| Delivery Call | 4 | 15 | 19 |
| Settlements | 4 | 2 | 6 |
Across the delivery calls and mitigation plans alone, the department publishes 4,218 individual filings, the earliest dated 1995 and the most recent July 2026.
The four Idaho delivery calls still open
These are the Idaho delivery calls IDWR carries on its active list, with the date of the most recent filing on each docket. Several are old: a call filed in 2010 is still on the active list in 2026, and still receiving filings.
| Docket | Matter | Filings | Latest filing |
|---|---|---|---|
| CM-DC-2010-001 | Surface Water Coalition | 1,038 | July 2026 |
| CM-DC-2011-004 | Rangen 2011 | 521 | April 2020 |
| CM-DC-2014-004 | Rangen 2014 | 83 | August 2015 |
| CM-DC-2010-002/003 | Blue Lakes and Clear Springs 2010 | 62 | March 2013 |
The Surface Water Coalition call has been open since 2010, carries more filings than every other delivery call combined, and was still receiving filings three weeks before this page was written. Fourteen of the fifteen active mitigation plan dockets sit under it, running from CM-MP-2007-001 through CM-MP-2026-004, which is what a decade and a half of negotiated compliance looks like in the record. The fifteenth is Buckeye Farms, unrelated to the coalition call.
The largest closed calls by filing count are Big Wood and Little Wood Water Users Association (255 and 253 filings), A&B Irrigation District's 1994 call (203), and the Blue Lakes and Clear Springs 2005 calls (92).
What an Idaho delivery call means for an operation
If you hold a junior ground water right on the Eastern Snake Plain, your ability to pump in a given season may depend on a mitigation plan filed under a call you are not a party to. The plan, its approval order, and any order extending or staying it are all on IDWR's site under their own docket numbers.
If you hold a senior right, Rule 42 is the test your call will be measured against, and the factors there are about your own diversion as much as the junior's. Effort, expense, and efficient use without waste are all on the list.
The mitigation docket moves outside the legislative calendar. Nine of the fifteen active mitigation plans received a filing in the last two years, and the Legislature sits for about eleven weeks of it.
What to watch in Idaho delivery calls
Mitigation plan dockets numbered CM-MP-2026 are the current year's activity.
The Legislature has begun writing consumptive use limits into statute for large industrial users, covered in the 2026 session summary. Those users draw on the same aquifer the delivery calls are about, and the interaction between a new statutory cap and an existing mitigation obligation has not yet been tested.
The 2024 Stipulated Mitigation Plan, which the Legislature endorsed by concurrent resolution in 2025, appears in this record as filings on the Surface Water Coalition dockets rather than as a separate matter. Its performance is visible there before it is visible anywhere else.
Want your own cut of this?
Figures on this page come out of a dataset of every legal matter the Department of Water Resources publishes, with its filing trail, published as JSON and CSV you can download, assembled from IDWR's own legal-actions and archived-matters indexes.
Released into the public domain under CC0. No permission or attribution required.
Primary sources
- Active Legal Matters — Idaho Department of Water Resources
- Archived Legal Matters — Idaho Department of Water Resources
- IDAPA 37.03.11, Rules for Conjunctive Management of Surface and Ground Water Resources — Idaho Department of Water Resources
- Idaho Code 42-603, Supervision of water distribution, rules and regulations — Idaho State Legislature
About the author
Patxi Larrocea-Phillips is the founder of LP Associates & Agriculture, LLC, an Idaho government affairs firm working agriculture, water, and rural community policy. He is a multi-generational Idaho rancher and a graduate of the University of Idaho College of Law.
- Published:
- Last reviewed:
This article explains public law and public process for general information. It is not legal advice and does not create an attorney-client relationship.