SENATE BILL NO. 1418

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Bill Status



S1418..........................................by RESOURCES AND ENVIRONMENT
WATER RIGHTS ADJUDICATION - Amends existing law relating to water rights
adjudication to delete the Kootenai River Basin from the Northern Idaho
water rights adjudication; and to clarify that Clark Fork-Pend Oreille
River Basins do not include Basin 98.

02/11    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Res/Env
02/14    Rpt out - rec d/p - to 2nd rdg
02/15    2nd rdg - to 3rd rdg
02/20    3rd rdg - PASSED - 33-1-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stennett, Werk
      NAYS -- Stegner
      Absent and excused -- Corder
    Floor Sponsor - Keough
    Title apvd - to House
02/21    House intro - 1st rdg - to Res/Con
02/28    Rpt out - rec d/p - to 2nd rdg
02/29    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 61-0-9
      AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Bock, Boe,
      Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Roberts, Ruchti,
      Rusche, Sayler, Shepherd(02), Shepherd(08), Shively, Smith(30),
      Smith(24), Snodgrass, Stevenson, Thayn, Thomas, Vander Woude, Wills,
      Wood(27), Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Black, Block, Raybould, Ringo, Schaefer,
      Shirley, Trail, Wood(35)
    Floor Sponsor - Eskridge
    Title apvd - to Senate
03/11    To enrol
03/12    Rpt enrol - Pres signed - Sp signed
03/13    To Governor
03/17    Governor signed
         Session Law Chapter 159
         Effective: 07/01/06

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1418

                           BY RESOURCES AND ENVIRONMENT COMMITTEE

  1                                        AN ACT
  2    RELATING TO WATER RIGHTS ADJUDICATIONS; AMENDING SECTION 42-1406B, IDAHO CODE,
  3        TO DELETE THE KOOTENAI RIVER BASIN FROM THE NORTHERN  IDAHO  WATER  RIGHTS
  4        ADJUDICATION  AND TO CLARIFY THAT THE CLARK FORK-PEND OREILLE RIVER BASINS
  5        DO NOT INCLUDE BASIN 98; DECLARING AN EMERGENCY AND PROVIDING  RETROACTIVE
  6        APPLICATION.

  7    Be It Enacted by the Legislature of the State of Idaho:

  8        SECTION  1.  That Section 42-1406B, Idaho Code, be, and the same is hereby
  9    amended to read as follows:

 10        42-1406B.  NORTHERN IDAHO WATER RIGHTS ADJUDICATIONS -- COMMENCEMENT.  (1)
 11    Effective  management  of the waters of northern Idaho requires that a compre-
 12    hensive determination of the nature, extent and priority of the rights of  all
 13    users  of  surface  and ground water be determined. Therefore, the director of
 14    the department of water resources shall petition the district  court  to  com-
 15    mence adjudications within the terms of the McCarran amendment, 43 U.S.C. sec-
 16    tion  666,  of the water rights from surface water and ground water sources in
 17    northern Idaho through initiation of three (3) proceedings. Separate petitions
 18    shall be filed for water rights adjudications for each of the following  river
 19    basins,  and  related  ground  water sources whether or not hydraulically con-
 20    nected to a surface water source,  within  Idaho:  the  Coeur  d'Alene-Spokane
 21    river  basin,  the  Palouse  river basin, and the Kootenai and Clark Fork-Pend
 22    Oreille river basins, which do not include basin 98. The filing of each  peti-
 23    tion  shall be contingent on legislative funding approval. Each petition shall
 24    describe the boundaries of the water source or water  sources  to  be  adjudi-
 25    cated.
 26        (2)  The  adjudication shall be brought in any district court in which any
 27    part of the water source is located or before a court of special  jurisdiction
 28    for  water right adjudications. Unless otherwise ordered by the supreme court,
 29    special jurisdiction for the water rights general adjudications authorized  by
 30    this section shall reside in the Snake River Basin Adjudication district court
 31    of the fifth judicial district of the state of Idaho, in and for the county of
 32    Twin  Falls.  The  clerk  of the district court in which the petition is filed
 33    shall send to the supreme court a true and certified copy of the petition. The
 34    supreme court, by order, shall assign the judge to preside  over  the  general
 35    adjudication.  Venue  of the general adjudication shall be determined by order
 36    or rule of the supreme court and venue of hearings under the general adjudica-
 37    tion shall be determined by order of the presiding judge.
 38        (3)  Upon issuance of an order by the district court which authorizes  the
 39    director  to  commence an investigation and determination of the various water
 40    rights to be adjudicated from the water source or  water  sources,  and  which
 41    defines the boundaries of the source or sources within the state to be adjudi-
 42    cated,  the director of the department of water resources shall proceed in the
 43    manner provided under the provisions of chapter 14, title 42, Idaho  Code,  to

                                       2

  1    the extent not inconsistent with the provisions of this section.

  2        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
  3    declared to exist, this act shall be in full force and effect on and after its
  4    passage and approval, and retroactively to July 1, 2006.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                            RS 17857

In 2006, the Idaho Legislature authorized the Idaho Department of
Water Resources to commence a general stream adjudication of the
waters of northern Idaho within the terms of the McCarran
amendment, 43 U.S.C. 666. Idaho Code 42-1406B. "The McCarran
Amendment requires the adjudication of the rights of all those
who use the water of a river system within a state, including
those who use the water of tributaries." In re the General
Adjudication of Rights to the Use of Water from the SNAKE RIVER
BASIN WATER SYSTEM, STATE of Idaho v. UNITED STATES, 115 Idaho
1,764 P.2d 78(1988).

The purpose of this legislation is to clarify that the definition
of the waters of northern Idaho contained in Idaho Code  42-
1406B does not extend to the Idaho Department of Water Resources
administrative basin 98. Inclusion of basin 98 is not required
for purposes of adjudication of the other waters of northern
Idaho. Given the absence of current water conflicts within this
basin and the complexity of addressing international issues
within this basin, there is no compelling reason to proceed
immediately with the adjudication of the water rights within
administrative basin 98.





                         FISCAL IMPACT

Removal of this basin from the proposed northern Idaho
adjudication will save the state general fund money in this
proposed process.





                                
Contact
Name:    Sen. Shawn Keough
Phone: 208 332 1000


STATEMENT OF PURPOSE/FISCAL NOTE                         S 1418