HOUSE BILL NO. 721

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Bill Status



H0721.........................................by RESOURCES AND CONSERVATION
POWER PLANTS - WATER RIGHTS - Amends existing law to provide that
legislative approval shall be required for any permanent or temporary
change in point of diversion, period of use, or nature of use for any water
right or combination of water rights with a diversion rate equal to or
greater than two cfs or for a storage volume of one thousand four hundred
fifty acre-feet if the use of such right is in conjunction with the coal
fired generation of electricity, with an exception, or fifty cfs or for a
storage volume greater than five thousand acre-feet for any other use
except that any temporary change within the state of Idaho for a period of
less than three years may be approved by the director without legislative
approval.
                                                                        
02/22    House intro - 1st rdg - to printing
02/23    Rpt prt - to Res/Con

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 721
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CHANGE IN POINT OF DIVERSION, PLACE  OF  USE,  PERIOD  OF  USE  OR
  3        NATURE  OF  USE  OF WATER; AMENDING SECTION 42-108, IDAHO CODE, TO PROVIDE
  4        THAT LEGISLATIVE APPROVAL SHALL BE REQUIRED FOR ANY PERMANENT OR TEMPORARY
  5        CHANGE IN POINT OF DIVERSION, PERIOD OF USE, OR  NATURE  OF  USE  FOR  ANY
  6        WATER  RIGHT OR COMBINATION OF WATER RIGHTS WITH A DIVERSION RATE EQUAL TO
  7        OR GREATER THAN TWO CFS OR FOR A STORAGE VOLUME OF ONE THOUSAND FOUR  HUN-
  8        DRED  FIFTY  ACRE-FEET  IF THE USE OF SUCH RIGHT(S) IS IN CONJUNCTION WITH
  9        THE COAL FIRED GENERATION OF ELECTRICITY WITH AN EXCEPTION, OR  FIFTY  CFS
 10        OR FOR A STORAGE VOLUME GREATER THAN FIVE THOUSAND ACRE-FEET FOR ANY OTHER
 11        USE,  EXCEPT  THAT  ANY  TEMPORARY  CHANGE WITHIN THE STATE OF IDAHO FOR A
 12        PERIOD OF LESS THAN THREE YEARS MAY BE APPROVED BY  THE  DIRECTOR  WITHOUT
 13        LEGISLATIVE APPROVAL; AND DECLARING AN EMERGENCY.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION  1.  That  Section  42-108, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        42-108.  CHANGE IN POINT OF DIVERSION, PLACE OF USE,  PERIOD  OF  USE,  OR
 18    NATURE  OF  USE -- APPLICATION OF ACT. The person entitled to the use of water
 19    or owning any land to which water has been made appurtenant either by a decree
 20    of the court or under the provisions of the constitution and statutes of  this
 21    state,  may  change  the  point of diversion, period of use, or nature of use,
 22    and/or may voluntarily abandon the use of such water in whole or  in  part  on
 23    the  land  which is receiving the benefit of the same and transfer the same to
 24    other lands, if the water rights of others are not injured by such  change  in
 25    point  of  diversion, place of use, period of use, or nature of use, provided;
 26    if the right to the use of such water, or the use of the  diversion  works  or
 27    irrigation  system  is  represented  by shares of stock in a corporation or if
 28    such works or system is owned and/or managed by  an  irrigation  district,  no
 29    change  in  the  point of diversion, place of use, period of use, or nature of
 30    use of such water shall be made or allowed without the consent of such  corpo-
 31    ration or irrigation district. Legislative approval shall be required for aAny
 32    permanent  or temporary change in point of diversion, period of use, or nature
 33    of use in or out-of-state for a quantity any water  right  or  combination  of
 34    water  rights:  (i) with a diversion rate equal to or greater than two (2) cfs
 35    or for a storage volume of one thousand four hundred fifty  (1,450)  acre-feet
 36    if  the  use of such right(s) is in conjunction with the coal fired generation
 37    of electricity other than integrated gasification  combined  cycle  technology
 38    where  coal  is  not burned but oxidized as a power source; or (ii) fifty (50)
 39    cfs or for a storage volume greater than five thousand (5,000) acre-feet shall
 40    require the approval of the legislature for any other  use,  except  that  any
 41    temporary change within the state of Idaho for a period of less than three (3)
 42    years may be approved by the director without legislative approval.
 43        Any  person  desiring  to make such change of point of diversion, place of
                                                                        
                                           2
                                                                        
  1    use, period of use, or nature of use  of  water  shall  make  application  for
  2    change  with the department of water resources under the provisions of section
  3    42-222, Idaho Code. After the effective date of this act, no person  shall  be
  4    authorized to change the period of use or nature of use, point of diversion or
  5    place of use of water unless he has first applied for and received approval of
  6    the  department  of  water  resources  under the provisions of section 42-222,
  7    Idaho Code.
                                                                        
  8        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
  9    declared to exist, this act shall be in full force and effect on and after its
 10    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16102

This legislation amends Idaho Code Section 42-108 to require
legislative approval of any permanent or temporary change in
point of diversion, period of use, or nature of use of any water
right or combination of water rights with a diversion rate equal
to or greater than two (2) cfs or storage volume of 1450 acre-
feet if use of such right(s) is in conjunction with the coal-
fired generation of electricity other than integrated
gasification combined cycle technology where coal is not burned
but oxidized as a power source. This bill ensures that the
legislature will have an opportunity to evaluate the effect of
such coal-fired generation on the water resources of the State of
Idaho.


                           FISCAL NOTE

This legislation imposes no fiscal burden on any agency or unit
of government.




Contact
Name: Rep. Bruce Newcomb, Speaker of the House of Representatives

Phone: (208)332-1000
Representative Sharon Block


STATEMENT OF PURPOSE/FISCAL NOTE                         H 721