Published
The well is finished. Now the duties are yours.
The well is done. The duties are not.
Drilling a well ends with the driller’s paperwork — and begins the owner’s. The rule that draws that line is short and total:
“After a well is completed the well owner is responsible for water quality testing, properly maintaining the well, and reporting problems with a well to the Director. All wells must be capped, covered and sealed such that debris cannot enter the well, persons or animals cannot fall into the well, and water cannot enter the well around the outside of the casing.”
— IDAPA 37.03.09 §036, owners’ responsibilities for well use and maintenance (effective 3-18-22). Retrieved 28 September 2026
Three duties, one owner: test the water, maintain the well, report problems to the Director of the Idaho Department of Water Resources. And every well, always, capped, covered and sealed — against debris, against a person or animal falling in, against water sliding down the outside of the casing. The stakes are written into the same rule: failure to operate, maintain, knowingly allow violating construction, or to repair or properly decommission a well subjects the owner to civil penalties as provided by statute (7-1-25).
The maintenance list, item by item
- No unpermitted changes. Not allow modification to any well under their control without first obtaining an approved IDWR permit under Section 42-235, Idaho Code — the same permitting world this site explains separately.
- The foot of casing. Maintain the minimum casing height of twelve (12) inches above land surface and finished grade — the standard the construction rules set at completion becomes the owner’s to keep.
- The cap, and the control device if required. Maintain the appropriate well cap — and, where the state required one, the control device.
- The pump. Not install or allow any well pump that would violate the sand production requirements, or allow the well to pump more than a valid water right or domestic exemption allows.
- Leak-proof, above and below ground. Maintain the well against waste or contamination through leaky casings, pipes, fittings, valves, pumps or seals — or leakage around the outside of the casing, above or below land surface. A non-compliant well must be repaired by a licensed well driller under a permit.
One artesian duty rides in the rule’s opening paragraph: the owner of any artesian well that will flow at land surface must apply to the Director for approval of a flow control device, pursuant to Section 42-1603, Idaho Code.
Ten feet: the one distance this rule prints itself
Most separation numbers live in the tables this site prints elsewhere — but the owner’s rule prints one distance directly, and it is shorter than people guess:
“The well owner must not construct or allow construction of any permanent building, except for buildings to house a well or plumbing apparatus, or both, closer than ten (10) feet from an existing well.”
— IDAPA 37.03.09 §036.03, new construction (effective 3-18-22). Retrieved 28 September 2026
Ten feet — a garden-shed distance, not a barn distance — and the only exception is a building whose job is the well or its plumbing. Everything else keeps its distance under the table in Rule 25, Subsection 025.01.d, which the owner must honor too: nothing listed there may be constructed or installed closer than that table allows. Those rows — the septic tank, the drainfield, the replacement area — are the separation tables this site reproduces in full.
When a well goes bad
- An unusable well must be repaired or decommissioned by a licensed well driller under a permit issued by the Director (7-1-25).
- A well that threatens people or the aquifer — shown to pose a threat to human health and safety or to cause contamination of the ground water resource — must be immediately repaired or decommissioned, same licensed driller, same permit. Immediately is the rule’s word, and it is the only duty in the section that carries it.
The parallel on the septic side is the abandonment rule for old tanks: the state does not let a retired hazard sit open, on either system.
A ten-minute walk, twice a year
- Look for the foot of casing and a sound cap — mowed over, crushed, or gone are the three usual findings.
- Check the pump against the paper: over-pumping a water right is an owner violation, not a pump problem.
- Plan any outbuilding against the ten-foot line before the strings are set.
- Keep the well’s papers — permit, driller’s report — with the deed.
- Found a problem? It is reportable to the Director — and it starts with (208) 656-1467.
Common questions
Who is responsible for testing well water quality in Idaho?
The well owner. After a well is completed, the owner is responsible for water quality testing, properly maintaining the well, and reporting problems with a well to the Director of the Idaho Department of Water Resources.
How high does the well casing have to stay?
Twelve inches above land surface and finished grade, and the owner must maintain that minimum height for the life of the well - along with the appropriate well cap and any required control device.
How close can a building be to my well?
Ten feet. The well owner must not construct or allow construction of any permanent building closer than ten (10) feet from an existing well, except buildings to house a well or plumbing apparatus, or both.
Can I modify my own well without a permit?
No. The owner must not allow modification to any well under their control without first obtaining an approved IDWR permit pursuant to Section 42-235, Idaho Code - and repairs to a non-compliant well must be made by a licensed well driller under a permit.
Can the pump I choose get me in trouble?
Yes, two ways: installing or allowing any well pump that would violate the sand production requirements, or letting the well pump more than a valid water right or domestic exemption allows.
What has to happen to an unusable well?
The owner must have it repaired or decommissioned by a licensed well driller under a permit issued by the Director - not filled in by whoever is handy with a backhoe.
What if a well threatens health or contaminates ground water?
It must be immediately repaired or decommissioned - the rule's word - by a licensed well driller under a Director-issued permit. It is the one duty in the section that carries that urgency.
What are the penalties for a well owner who ignores these rules?
Civil penalties as provided by statute. Failure to operate, maintain, or knowingly allow construction of a well in violation - or failure to repair or properly decommission a well - all expose the owner.
Do separation distances apply to the well owner too?
Yes. Beyond the ten-foot building rule, the owner must not construct or install anything listed in the Rule 25 siting table closer than that table allows - the same table that sets the septic-side distances.
Does the owner of a flowing artesian well owe anything extra?
One application: under Section 42-1603, Idaho Code, the owner of any artesian well that will flow at land surface must apply to the Director for approval of a flow control device.