HOUSE BILL NO. 636
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H0636.........................................by RESOURCES AND CONSERVATION
CLEARWATER RIVER - Adds to existing law to establish a minimum stream flow
water right for that stretch of the North Fork of the Clearwater River
immediately below Dworshak Dam to the confluence with the Clearwater River
to be held by the Idaho Water Resource Board in trust for the people of the
state of Idaho.
02/10 House intro - 1st rdg - to printing
02/13 Rpt prt - to Res/Con
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 65-1-4
AYES -- Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Brackett, Cannon, Chadderdon, Clark,
Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Nielsen, Nonini, Pasley-Stuart,
Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali(Sali),
Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Wood, Mr.
NAYS -- Snodgrass
Absent and excused -- Anderson, Bolz, Bradford, Moyle
Floor Sponsor - Raybould
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Res/Env
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Williams
Title apvd - to House
03/17 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed - To Governor
03/22 Governor signed
Session Law Chapter 112
Effective: Contingent on Governor's
Proclamation stating that all conditions of
the Snake River Water Rights Agreement of
2004 have been met
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 636
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO WATER; TO ESTABLISH A MINIMUM STREAM FLOW WATER RIGHT FOR A
3 DEFINED STRETCH OF THE NORTH FORK OF THE CLEARWATER RIVER IMMEDIATELY
4 BELOW DWORSHAK DAM TO THE CONFLUENCE WITH THE CLEARWATER RIVER TO BE HELD
5 BY THE IDAHO WATER RESOURCE BOARD IN TRUST FOR THE PEOPLE OF THE STATE OF
6 IDAHO; DECLARING AN EMERGENCY AND PROVIDING A CONTINGENT EFFECTIVE DATE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. The Legislature hereby establishes a minimum stream flow water
9 right for that stretch of the North Fork of the Clearwater River immediately
10 below Dworshak Dam to the confluence with the Clearwater River, to be held by
11 the Idaho Water Resource Board in trust for the people of the state of Idaho.
12 The elements of the minimum stream flow water right, including subordination
13 to other uses of water, subordination to operations of the Dworshak Project,
14 and other remarks, are as follows:
15 Priority Date: April 1, 2005.
16 Reach: A single point of reference near the confluence with the
17 mainstem Clearwater River, below Dworshak Dam and just
18 above the Highway 7 bridge, located approximately in the
19 SW1/4NE1/4SW1/4, Section 34, T37N, R01E, B.M., Clearwater
21 Rate of flow: Changing monthly as follows: January - 2,108 cfs; February
22 - 2,625 cfs; March - 4,250 cfs; April - 10,560 cfs; May -
23 16,560 cfs; June - 9,790 cfs; July - 2,730 cfs; August -
24 1,380 cfs; September - 1,131 cfs; October - 1,404 cfs;
25 November - 2,059 cfs; December - 2,368 cfs.
26 Purpose: Minimum stream flow to preserve fish, wildlife, scenic, and
27 recreational values and to protect and enhance water qual-
28 ity and is equivalent to the unimpaired monthly fifty per-
29 cent (50%) exceedence flows.
30 This water right is subordinated to future non-domestic-commercial-
31 municipal-industrial ("non-DCMI") development in an amount up to 283 cfs based
32 on twenty-five percent (25%) of the lowest unimpaired median monthly flow or
33 the amount available above a base flow which is equivalent to the unimpaired
34 monthly eighty percent (80%) exceedence flow, whichever is less.
35 The unimpaired monthly eighty percent (80%) exceedence flows are: January
36 - 1,364 cfs; February - 1,540 cfs; March - 2,550 cfs; April - 6,600 cfs; May -
37 11,520 cfs; June - 5,500 cfs; July - 1,680 cfs; August - 1,050 cfs; September
38 - 871 cfs; October - 954 cfs; November - 1,305 cfs; and December - 1,480 cfs.
39 This water right shall be subordinated to all future DCMI uses.
1 While the instream flow and the future allocation for non-DCMI uses and
2 base flows are to be decreed in cubic feet per second (cfs), such quantities
3 are intended to reflect the percentages of the unimpaired exceedence flows at
4 the quantification point described in this water right. The unimpaired
5 exceedence flows were estimated using regional regression equations developed
6 by the United States Geological Service. Upon further finding and order of the
7 director of the Department of Water Resources that gaging stations are
8 required to maintain the approved minimum flows under this right, such measur-
9 ing devices shall be permanently installed and maintained as specified by the
10 director. If actual flow data become available, the quantities in this water
11 right will be adjusted as necessary to give effect to the exceedence assump-
12 tion stated above. Such adjustments do not result in a material change to the
13 water right and are not subject to the notice and hearing requirements set
14 forth in the partial decree, but shall comply with the notice and consultation
15 requirements of Section 42-1507(4), Idaho Code.
16 Use of water under this right shall recognize and allow the continued ben-
17 eficial diversion of water under any prior existing water right established by
18 diversions and application to beneficial use or by an application, permit or
19 license on file or issued by the director under the provisions of Chapter 2,
20 Title 42, Idaho Code, with a priority of water right date earlier than the
21 date of priority of this right.
22 There are no diversions associated with this minimum stream flow water
23 right. The quantification point for this instream flow water right is at the
24 following location: T37N R01E S34 SWNESW End of Stream Flow Within Clearwater
26 The Idaho Water Resource Board, upon receiving a request, or upon its own
27 initiative, may petition the director for an amendment to this water right
28 after complying with the notice and consultation procedures of Section
29 42-1507(4), Idaho Code. The petition must set forth any significant change in
30 circumstances and evidence of the public interest supporting the proposed
31 amendment. The director will notify the general public and specific persons or
32 notify interested parties of the proposed change, and conduct a hearing for
33 the purpose of determining whether the water right should be amended in the
34 public interest.
35 This instream flow water right is subordinated to all present and future
36 operations of the Dworshak Project. The term "operations" as used herein means
37 the timing and rate of discharge, including water storage and release of
38 stored water, from Dworshak Dam.
39 SECTION 2. An emergency existing therefor, which emergency is hereby
40 declared to exist, this act shall be in full force and effect upon issuance of
41 a proclamation by the governor certifying that all conditions for the effec-
42 tiveness of the Snake River Water Rights Agreement of 2004 have been satis-
STATEMENT OF PURPOSE
This legislation creates a Minimum Streamflow water right on
segments of the North Fork of the Clearwater River immediately
below Dworshak Dam to the confluence with the Clearwater River to
be held by the Idaho Water Resource Board. This Minimum
Streamflow was inadvertently omitted from the list of Minimum
Streamflows agreed to as part of the Snake River Water Rights
Agreement of 2004. The Minimum Streamflow is subordinated to all
existing water rights, the operation of Dworshak Reservoir,
future domestic, commercial, municipal and industrial uses and up
to 283 c.f.s. of other future uses.
Approval of this instream flow will expedite the
implementation of the Snake River Water Rights Agreement of 2004.
This water right will become effective only upon the Governor's
issuance of a proclamation certifying that all conditions for the
effectiveness of the Snake River Water Rights Agreement of 2004
have been satisfied.
This legislation imposes no fiscal burden on any agency or unit
Name: Representative John A. Stevenson
Phone: (208) 332-1000
Representative Dell Raybould
STATEMENT OF PURPOSE/FISCAL NOTE H 636