HOUSE CONCURRENT RESOLUTION NO. 36
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HCR036........................................by RESOURCES AND CONSERVATION
NIAGARA SPRINGS CREEK - Stating findings of the Legislature and approving
applications to appropriate water for minimum streamflows in Niagara
Springs Creek, tributary to the Snake River and in Niagara Springs and its
creeks tributary to the Snake River.
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 - ADOPTED - voice vote
Floor Sponsor - Jaquet
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Res/Env
03/14 Rpt out - rec d/p - to 10th Ord
03/15 10th Ord - ADOPTED - voice vote
Floor Sponsor - Stennett
Title apvd - to House
03/16 To enrol
03/17 Rpt enrol - Sp signed
03/20 Pres signed
03/21 To Secretary of State
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE CONCURRENT RESOLUTION NO. 36
BY RESOURCES AND CONSERVATION COMMITTEE
1 A CONCURRENT RESOLUTION
2 APPROVING APPLICATIONS TO APPROPRIATE WATER FOR MINIMUM STREAMFLOW.
3 Be It Resolved by the Legislature of the State of Idaho:
4 WHEREAS, the Idaho Water Resource Board may apply for a permit to appro-
5 priate unappropriated waters of any stream to establish a minimum streamflow;
7 WHEREAS, under the provisions of Section 42-1503, Idaho Code, an approved
8 application shall not become finally effective until affirmatively acted upon
9 by the Legislature, except that if the Legislature fails to act prior to the
10 end of the regular session to which the application was submitted, the appli-
11 cation shall be considered approved; and
12 WHEREAS, on November 1, 2004, the Department of Water Resources approved
13 two applications by issuing a Preliminary Order, which became a Final Order on
14 February 14, 2005, authorizing the appropriation of water for minimum
15 streamflows in Niagara Springs Creek, tributary to the Snake River and Niagara
16 Springs and its creeks tributary to the Snake River as follows:
18 Number: 36-8347
19 Location: Subreach A: Beginning at the third (last) Idaho Power Company
20 diversion, located in Lot 1 (NE1/4NE1/4), Section
21 10, Township 9 South, Range 15 East, Boise-
22 Meridian, Gooding County, and extending down-
23 stream approximately one-eighth (1/8) of a mile
24 to a point in Lot 11 (SW1/4NW1/4), Section 11,
25 Township 9 South, Range 15 East, Boise-Meridian,
26 Gooding County, where the outflow stream widens
27 into the Niagara Springs Estuary. The downstream
28 terminus of Subreach A is approximately located
29 at the outflow of the Idaho Power Fish Hatchery.
30 Rate of Flow
31 for Subreach A: 45 cubic feet per second ("cfs") year-round.
32 Location: Subreach B: Beginning at a point where the Niagara Springs
33 outflow stream widens into an estuary located in
34 Lot 11 (SW1/4NW1/4), Section 11, Township 9
35 South, Range 15 East, Boise-Meridian, Gooding
36 County (at the approximate location of the outlet
37 of the Idaho Power Fish Hatchery), and extending
38 downstream to the confluence of the Niagara
39 Springs Estuary and the Snake River, all located
40 within Lot 11, Section 11, Township 9 South,
41 Range 15 East, Boise-Meridian, Gooding County.
42 Rate of Flow
43 for Subreach B: 110 cubic feet per second ("cfs") year-round.
1 Purpose: Recreation, aesthetics, fish and wildlife.
2 Priority Date: January 29, 1988.
4 Number: 36-8670
5 Location: Beginning at the head of Niagara Springs located
6 in Lot 1 (NE1/4NE1/4), Section 10, Township 9
7 South, Range 15 East, and Lot 3 (NW1/4NW1/4),
8 Section 11, Township 9 South, Range 15 East,
9 Boise-Meridian, Gooding County, and continuing
10 downstream to the Rim View Diversion located
11 within Lot 1 (NE1/4NE1/4), Section 10, Township 9
12 South, Range 15 East, Boise-Meridian, Gooding
14 Rate of Flow 264 cubic feet per second ("cfs") year-round.
15 Purpose: Aesthetics and recreation.
16 Priority Date: March 24, 1992.
18 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses-
19 sion of the Fifty-eighth Idaho Legislature, the House of Representatives and
20 the Senate concurring therein, that the same is hereby approved subject to the
21 conditions and limitations contained in the Preliminary Order issued by the
22 Department of Water Resources on November 1, 2004, which became a Final Order
23 on February 14, 2005.
STATEMENT OF PURPOSE
The purpose of this legislation is to adopt a Concurrent
Resolution approving an application to appropriate water for
Minimum Streamflow. Provisions of Section 42-1503 establish that
an approved Minimum Streamflow application shall not become
finally effective until affirmatively acted upon by the
legislature, except that if the legislature fails to act prior to
the end of the regular session to which the application was
submitted, the application shall be considered approved. On
November 1, 2004 the Idaho Department of Water Resources issued a
Preliminary Order approving two Minimum Streamflow applications
on Niagara Springs Creek. The preliminary Order became final on
February 14, 2005 authorizing the appropriation of water. The
Minimum Streamflow was requested by the Idaho Departments of Park
and Recreation and Fish and Game for the purposes of preserving
aesthetic beauty and to provide recreation, fish and wildlife
No impact to the general fund.
Name: Hal Anderson, Water Resources, Dept of
Phone: (208) 287-4800
STATEMENT OF PURPOSE/FISCAL NOTE HCR 36