HOUSE BILL NO. 800

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Bill Status



H0800.....................................................by WAYS AND MEANS
WATER RIGHTS - Amends existing law relating to water to revise provisions
regarding rights associated with permits and licenses relating to ground
water recharge.
                                                                        
03/13    House intro - 1st rdg - to printing
03/14    Rpt prt - to Res/Con
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    Rls susp - PASSED - 43-22-5
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bedke, Bell, Bilbao,
      Block, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Deal,
      Denney, Eskridge, Field(18), Field(23), Harwood, Henderson, Jaquet,
      Lake, Loertscher, Mathews, McKague, Moyle, Nielsen, Nonini, Pence,
      Raybould, Ring, Roberts, Rydalch, Sayler, Schaefer, Shepherd(8),
      Shirley, Smith(24), Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Barrett, Bayer, Black, Boe, Brackett, Edmunson, Garrett,
      Hart, Henbest, Kemp, LeFavour, Martinez, Miller, Mitchell,
      Pasley-Stuart, Ringo, Rusche, Shepherd(2), Skippen, Smith(30),
      Smylie, Snodgrass
      Absent and excused -- Crow, Ellsworth, McGeachin, Sali, Wood
    Floor Sponsors - Mr. Speaker & Raybould
    Title apvd - to Senate
03/20    Senate intro - 1st rdg - to Res/Env
03/28    Rpt out - rec d/p - to 2nd rdg
03/29    2nd rdg - to 3rd rdg
03/30    3rd rdg - FAILED - 14-21-0
      AYES -- Burtenshaw, Cameron, Corder, Darrington, Davis, Geddes, Hill,
      Keough, Marley, Pearce, Richardson, Stegner, Stennett, Williams
      NAYS -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Coiner,
      Compton, Fulcher, Gannon, Goedde, Jorgenson, Kelly, Langhorst,
      Little, Lodge, Malepeai, McGee, McKenzie, Schroeder, Sweet, Werk
      Absent and excused -- None
    Floor Sponsors - Burtenshaw & Williams
    Ret'd to House
    Filed in Office of the Chief Clerk

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 800
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO WATER; AMENDING SECTION 42-234, IDAHO  CODE,  TO  REVISE  PRIORITY
  3        PROVISIONS  REGARDING RIGHTS ASSOCIATED WITH PERMITS AND LICENSES RELATING
  4        TO GROUND WATER RECHARGE; AND AMENDING SECTION 42-4201A,  IDAHO  CODE,  TO
  5        REVISE  PRIORITY  PROVISIONS  REGARDING RIGHTS ASSOCIATED WITH PERMITS AND
  6        LICENSES RELATING TO GROUND WATER RECHARGE AND TO MAKE  TECHNICAL  CORREC-
  7        TIONS.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section  42-234, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        42-234.  GROUND WATER RECHARGE PROJECTS  --  AUTHORITY  OF  DEPARTMENT  TO
 12    GRANT  PERMIT.  (1)  It  is  the  policy  of the state of Idaho to promote and
 13    encourage the optimum development and augmentation of the water  resources  of
 14    this state. The legislature deems it essential, therefore, that water projects
 15    designed  to  advance  this  policy  be given maximum support. The legislature
 16    finds that the projects to recharge ground water basins in Idaho, may  enhance
 17    the  full realization of our water resource potential by furthering water con-
 18    servation and increasing the water available for beneficial use.
 19        (2)  The legislature hereby declares that  the  appropriation  and  under-
 20    ground storage of water for purposes of ground water recharge shall constitute
 21    a  beneficial  use  and hereby authorizes the department of water resources to
 22    issue a permit for the appropriation and underground storage of unappropriated
 23    waters in an area of recharge. The rights acquired pursuant to any permit  and
 24    license  obtained  as  herein  authorized shall be secondary to all prior per-
 25    fected water rights, including those water rights for power purposes that  may
 26    otherwise  be  subordinated by contract entered into by the governor and Idaho
 27    power company on October 25, 1984, and ratified by the legislature pursuant to
 28    section 42-203B, Idaho Code. Any right so granted shall be subject  to  deple-
 29    tion  for surface storage or direct uses after a period of years sufficient to
 30    amortize the investment of the appropriator.
 31        (3)  The legislature  further  recognizes  that  incidental  ground  water
 32    recharge  benefits  are often obtained from the diversion and use of water for
 33    various beneficial purposes. However, such incidental recharge may not be used
 34    as the basis for claim of a  separate  or  expanded  water  right.  Incidental
 35    recharge  of aquifers which occurs as a result of water diversion and use that
 36    does not exceed the vested water right of water right holders is in the public
 37    interest. The values of such incidental recharge shall be  considered  in  the
 38    management of the state's water resources.
                                                                        
 39        SECTION  2.  That Section 42-4201A, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        42-4201A.  RECHARGE OF GROUND WATER  BASINS  --  DIRECTOR'S  AUTHORITY  TO
                                                                        
                                           2
                                                                        
  1    ISSUE PERMIT. (1) The welfare of the people of the state of Idaho is dependent
  2    upon  the conservation, development, augmentation and optimum use of the water
  3    resources of this state. The legislature deems  it  essential  therefore  that
  4    every effort be made to foster and encourage water projects and water use that
  5    will  augment ground water basin recharge. The legislature hereby acknowledges
  6    that certain water uses and proposed projects to recharge water basins in  the
  7    state by means of the storage of unappropriated waters of the public waters of
  8    the  state in underground aquifers represents a unique and innovative endeavor
  9    to further water conservation and increase the water available for  beneficial
 10    use.
 11        (2)  In  view of the public betterment to be achieved by the completion of
 12    aquifer recharge projects, the legislature hereby declares that the appropria-
 13    tion and underground storage of water by any  person,  aquifer  recharge  dis-
 14    trict,  irrigation  district,  canal company or water district for purposes of
 15    ground water recharge shall constitute a beneficial use and hereby  authorizes
 16    the  department  of  water  resources  to  issue a permit, pursuant to section
 17    42-203A, Idaho Code, for the appropriation  and  underground  storage  of  the
 18    unappropriated  waters of the state. The department of water resources is fur-
 19    ther authorized to issue a license confirming the right  to  appropriate  such
 20    waters  for  the  beneficial  use  herein established upon compliance with the
 21    requirements specified in chapter 2, title 42, Idaho Code. The rights acquired
 22    pursuant to any permit and license obtained as herein authorized shall be sec-
 23    ondary to all prior perfected water rights, including those water  rights  for
 24    power  purposes that may otherwise be subordinated by contract entered into by
 25    the governor and Idaho power company on October 25, 1984, and ratified by  the
 26    legislature pursuant to section 42-203B, Idaho Code.
 27        (3)  The  director  of  the department of water resources may regulate the
 28    amount of water which may be diverted for recharge  purposes  and  may  reduce
 29    such amount, even though there is sufficient water to supply the entire amount
 30    originally  authorized by permit or license. To facilitate necessary financing
 31    of an aquifer recharge project, the director may fix a term of  years  in  the
 32    permit  or  license during which the amount of water authorized to be diverted
 33    shall not be reduced by the director under the provisions of this subsection.
 34        (4)  To insure ensure that other water rights are not injured by the oper-
 35    ations of an aquifer recharge project, the director of the department of water
 36    resources shall have the authority to approve, disapprove, or require  altera-
 37    tions  in  the methods employed to achieve ground water recharge. In the event
 38    that the director determines that  the  methods  of  operation  are  adversely
 39    affecting existing water rights or are creating conditions adverse to the ben-
 40    eficial use of water under existing water rights, the director shall order the
 41    cessation of operations until such alterations as may be ordered by the direc-
 42    tor  have  been  accomplished or such adverse effects otherwise have been cor-
 43    rected.

Statement of Purpose / Fiscal Impact


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                       STATEMENT OF PURPOSE

                            RS 15985C1

The purpose of the legislation is to facilitate diversion of
expected flood flows in the spring of 2006 in the upper Snake
River Basin into existing canal structures to recharge the
Eastern Snake Plain Aquifer. The legislation would make recharge
a primary use of water.
     As part of the 1984 Swan Falls Agreement, Idaho Power
Company agreed to subordinate its hydropower water rights "to
subsequent beneficial upstream uses upon approval of such uses by
the State in accordance with State law" subject to maintenance of
a 3,900 c.f.s. average daily flow from April 1 to October 31, and
5,600 c.f.s. average daily flow from November 1 to March 31, both
to be measured at the Murphy U.S.G.S. gauging station immediately
below Swan Falls Dam. The Swan Falls Agreement did not impose any
limitations on the type of beneficial uses to which the
subordination applied.
     In 1994, the Legislature enacted recharge legislation that
provided use of water for recharge would be secondary to the use
of water to satisfy the hydropower water rights subordinated by
the Swan Falls Agreement. This legislation would remove this
limitation on the use of water for recharge.


     
                           FISCAL NOTE

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




Contact
Name: Speaker of the House of Representatives Bruce Newcomb 
Phone: (208) 332-1000
Representative Dell Raybould
Representative John A. Stevenson
Senator Bart Davis
Senator Don Burtenshaw
Senator J. Stanley Williams


STATEMENT OF PURPOSE/FISCAL NOTE                           H 800