2003 Resources & Conservation

Water quality/rights, fish and game, river restoration

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January 9, 2003
January 13, 2003
January 15, 2003
January 21, 2003
January 23, 2003
January 27, 2003
January 28, 2003 – Joint Meeting
January 29, 2003

February 3, 2003
February 5, 2003 – Joint Meeting
February 7, 2003
February 11, 2003
February 13, 2003
February 17, 2003
February 19, 2003
February 25, 2003
February 27, 2003

March 3, 2003
March 5, 2003
March 11, 2003
March 13, 2003
March 25, 2003

April 1, 2003
April 23, 2003

DATE: January 9, 2003
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Denney, Campbell, Barrett, Moyle, Eskridge, Raybould, Roberts, Bedke,
Robison, Cuddy, Langhorst, Sayler
ABSENT/EXCUSED: Representatives Jones, Bell and Barraclough
Chairman Stevenson called the meeting to order at 2:10 p.m. Chairman
Stevenson introduced the secretary and page to the committee.
HCR 1 Representative Stevenson explained that changes would need to be
made in this pre-filed resolution.
UNANIMOUS
CONSENT
REQUEST:
Representative Stevenson asked Unanimous Consent to hold HCR 1 in
committee. There being no objection, the resolution will be held.
Chairman Stevenson said that the committee would be hearing some
reports from the agencies, and reviewing agency rules. He also said that
there are several pre-filed bills the committee will be considering.
Chairman Stevenson turned some time over to Vice Chairman Wood for
subcommittee assignments on rules review.



Representative Wood said the subcommittee assignments were listed in
the folders and the Rules were available on the internet or the secretary
could provide a copy. She explained that there are only two
subcommittees this year, for Fish and Game Rules and Water Resources
Rules, that the Rules for Outfitters and Guides, Parks and Recreation,
and Forest Products would be heard by the full Committee.
Representative Wood mention that the Fish and Game Subcommittee
would be meeting on Monday after the regular committee meeting.



Chairman Stevenson welcomed the three new members to the
committee. Representative Robison congratulated the new chairman on
his chairmanship. Chairman Stevenson said he wanted the committee
members to feel comfortable bringing whatever legislation they felt
necessary to the committee to be considered.

ADJOURN: The meeting adjourned at 2:23 p.m.






DATE: January 13, 2003
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge,
Raybould, Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/EXCUSED: Representative Bell
Chairman Stevenson called the meeting to order at 1:33 p.m.
MOTION: Representative Cuddy made a motion to approve the minutes of
Thursday, January 9, 2003. By a voice vote the motion carried.
Mr. Jake Howard, Executive Director, Outfitters and Guides Licensing
Board, addressed the committee for the rules review. He said that most
of the rule changes were minor housekeeping changes. He reviewed
several changes in the rules. Mr. Howard explained the changes in rules
003.02 and 004.01 were causing problems with some outfitters and he
asked the committee to reject these rules so the new language would be
withdrawn from the rule. He said the intent was to make some changes in
certification of outfitters but they learned it was not a good change and
would be an inconvenience to outfitters. Mr. Howard review several other
changes in the rules. Mr. Howard explained that in rule 034.01 they had
wanted the committee to change “an affidavit” to “a certification”, but had
found out that the committee can not change words in a rule. He said
they would be glad to keep “a affidavit” and wait to change it next year.
Mr. Dennis Stevenson, Assistant Administrative Rules Coordinator
verified that this was correct. Mr. Howard answered several questions
from the committee.
MOTION: Representative Raybould made a motion to approve that the agency
withdraw the changes to rules 003.02 and 004.01. The committee
discussed if this was the appropriate motion to make for the situation.
Representative Raybould withdrew his motion.
MOTION: Representative Jones made a motion to approve the rules of the Outfitters
and Guide Licensing Board with the exception of rules 003.01 and
004.01. By a voice vote the motion carried with Representative Campbell
being recorded as voting NAY.
ADJOURN: The meeting adjourned at 2:23 p.m.






DATE: January 15, 2003
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge,
Raybould, Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/EXCUSED: Representative Barraclough
Chairman Stevenson called the meeting to order at 1:44 p.m.
MOTION: Representative Jones made a motion to approve the minutes of Monday
January 13, 2003. By a voice vote the motion carried.
Mr. Steve Huffaker, Director, Department of Fish and Game, briefly spoke
to the committee and said he would be available at the committee’s
convenience if they had any questions. Mr. Huffaker introduced the Fish
and Game Commissioners to the committee.



Mr. Marcus Gibbs, Chairman, Fish and Game Commission, reviewed
some issues facing the commission. He said the wolf population has met
biological requirements for delisting and the Commission is ready to
manage wolves. Mr. Gibbs said the Yellowstone Grizzly Bear has also
met biological requirements for delisting. He said the primary concern of
the Commission with the delisting of these species is that the sportsman
of Idaho not be burdened with the entire cost of management. Mr. Gibbs
reviewed other issues regarding the negotiation of the contract for the Tex
Creek-Willow Creek Project, the Access Yes project, the rewriting of the
land acquisition policy, the family fishing program and trying to recruit
young hunters. He also spoke on issues regarding ATV’s, chronic
wasting disease and brucellosis. He said there may be more restrictions
on hunting this year because there are reports that deer herds are
suffering.



Ms. Nancy Hadley, Fish and Game Commissioner, said in the Panhandle
Region they are dealing with fishing issues and that she has received
reports from sportsman’s groups of the wolf impacts on deer and elk
herds.



Mr. Alex Irby, Fish and Game Commissioner, said in the Clearwater
Region they have had a dramatic reduction in elk because of predators.
He said they have had a great salmon and steelhead fishery this year and
that has helped the economy in this region.



Mr. John Watts, Fish and Game Commissioner, reviewed issues facing
the Southwest Region regarding the lack of snow, ATV’s and the access
program. He said that elk numbers are down in this region and they have
just finished a deer trapping project to collar fawns for further study.



Dr. Fred Wood, Fish and Game Commissioner, said the number one
issue in the Magic Valley Region is the mule deer population, that it is not
doing well. He said ATV use is a big concern in the area and they did
have a restricted ATV hunting pilot project in this area. Dr. Wood said
they have tried to be conservative in the Magic Valley Region and they
may need to have more hunting restrictions next year.



Mr. Roy Moulton, Fish and Game Commissioner, reviewed the brucellosis
issue in the Upper Snake Region and said he looks forward to discussing
issues with the committee.



Mr. John Burns, Fish and Game Commissioner, said the wolf situation is
very serious in the Salmon Region and the antelope population is also
being effected by coyotes. He said there may be a great restriction of
hunting opportunities in the region because of the predators. Mr. Burns
also said noxious weeds are a problem.



Mr. Marcus Gibbs said that one of the biggest challenges the Fish and
Game is facing is the drought. He also explained that as of Friday, the
new Commission chairman will be Commissioner Alex Irby.



The Commissioners answered several questions from the committee
regarding the predator problem and the funding for managing predators,
the ATV issue, the brucellosis issue in Eastern Idaho, and preliminary
figures on the elk and deer harvest from last year. They also answered
questions regarding coyote predation on big game and fox predation on
pheasants and the problems with implementing a program to control
these predators. The Commissioners answered questions regarding the
Access Yes program, and the private feeding of big game animals.



Chairman Stevenson thanked the Commissioners for speaking with the
committee and their open responses to questions.

ADJOURN: The meeting adjourned at 3:15 p.m.






DATE: January 21, 2003
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Bell, Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge, Raybould,
Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Representative Jones
Chairman Stevenson called the meeting to order at 1:32 p.m.
MOTION: Representative Wood made a motion to approve the minutes of
Wednesday, January 15, 2003. By a voice vote the motion carried.
MOTION: Representative Roberts made a motion to transfer H 83 to the State
Affairs Committee. By a voice vote the motion carried.
Representative Wood reported that the Fish and Game Rules
Subcommittee had met and reviewed the rules and found no problems.
She said the subcommittee recommends approval of the Department of
Fish and Game rules.
MOTION: Representative Wood made a motion to accept the subcommittee report
and accept the rules for the Department of Fish and Game. By a voice
vote the motion carried.
Representative Raybould said the Water Resources Rules Subcommittee
would be meeting again today and would be ready to report to the full
committee on Thursday.
Mr. Rick Collignon, Director, Department of Parks and Recreation gave an
overview regarding issues and trends of the department. He explained
what the original legislative intend was when the department was created.
He said Parks and Recreation is the only agency in Idaho that has
statewide responsibilities for recreation. Mr. Collignon said they manage
state parks and natural resource sites, and among other responsibilities
they administer the Safe Boating Act, the Park and Ski Program and the
Water Conservation Fund. He said they also manage the Off Hi-way
Vehicle Program and the Recreation Trail Program. Mr. Collignon said
that Idaho has 27 State Parks, 150 miles of groomed cross-county ski
trails, 8,000 public campsites, 2,000 lakes and 16,000 miles of rivers.



Mr. Collignon reviewed the department’s budget. He said they believe the
parks create a benefit for all, but it is more the responsibility of those who
use the parks to fund it rather than the general public. Mr. Collignon said
the department has 158 full time classified employees and 800 seasonal
employees. He said they have made major reductions in the budget by
tightening operating costs and they have made reductions in the number
of full time and seasonal positions. He said they have made cuts not by
closing parks but by finding other alternatives. Mr. Collignon answered
questions from the committee.



Mr. Collignon answered questions from the committee regarding a letter
he drafted on the state position on minimum stream flows at Lucky Peak.
Mr. Collignon said that he later drafted another letter to the same person
asking that the original letter be withdrawn and that water issues at Lucky
Peak not be contingent on recreation uses. He said he sent the original
letter on a very narrow perspective of the issues and hadn’t consulted with
the other agencies that were involved. Mr. Collignon said that recreators
need to be informed why Lucky Peak is drawn down in the fall, the way it
is.



Mr. Collignon reviewed the pending rules for the Department of Parks and
Recreation Docket No. 26-0120-0202, Administration of Park/Recreation
Areas and Facilities. He said they added a definition for a camping unit
and the definition was important for their reservation system. The
committee expressed concern with the definition of a family and Mr.
Collignon said they were intentionally trying to manage the number of
people in a camp ground. He said they were also trying to give the camp
ground managers some flexibility in determining the camp unit occupancy.
The committee also expressed concern with the rule for day use. Mr.
Collignon answered questions regarding the reservation service and the
fees that are assessed for this service. The committee expressed
concern that this rule should have been a fee rule and not a pending rule.

Chairman Stevenson said it would be better to refer the rules to a
subcommittee, for a closer look at the changes. He assigned
Representatives Roberts, Eskridge, Bedke, Langhorst and Sayler to the
subcommittee, Representative Roberts will chair the subcommittee.
ADJOURN: The meeting adjourned at 2:57 p.m.






DATE: January 23, 2003
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Representatives Field(23), Jones, Bell,
Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge, Raybould,
Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Representative Wood
A quorum being present, Chairman Stevenson called the meeting to order
at 2:00 p.m.
MOTION: Representative Bedke made a motion to approve the minutes of Tuesday,
January 21, 2003. By a voice vote the motion carried.
RS 12656 Mr. Jake Howard, Outfitters and Guides Licensing Board, explained that
this RS will reject the rules that the outfitters and guides had requested.
MOTION: Representative Langhorst made a motion to send RS 12656 to print and
to the Second Reading Calendar. Representative Bell seconded the
motion. By a voice vote the motion carried. Representative Jones will
sponsor the bill.
Representative Raybould reported that the Subcommittee for the
Department of Water Resources rules had met and recommend the rules
be approved.
MOTION: Representative Raybould made a motion to approve the rules for the
Department of Water Resources, Docket Numbers 37-0203-0201 and 37-0303-0202, Pending Rules and Docket Number 37-0307-0201,
Temporary Rule. By a voice vote the motion carried.
Mr. Jim Caswell, Administrator, Office of Species Conservation, briefly
reviewed issues concerning this office and said that the office is now
completely staffed. Mr. Caswell said that their budget is adequate and
they are trying to save money by paying bills early. He said they try to
have coordination with the federal government on ESA business and they
are constantly engaged in all fish issues. He said they try to advance
statewide policy issues rather that focusing entirely on federal issues. Mr.
Caswell also said they try to work with constituents in problems solving
and gave an example of working with land owners to help solve the
ground squirrel situation.



Mr. Greg Schildwachter, Office of Species Conservation, reviewed the
wolf recovery situation. He said wolves have made themselves prominent
in the state biologically and that wolves are having a biological effect on
many other species, especially big game. He said the state needs to
know what this effect is, to be able to manage the effect. Mr.
Schildwachter said there needs to be an orderly transition from federal to
state management. He said the Idaho Statute limits the Department of
Fish and Game from managing wolves and that funding will be an issue.
He said they have requested continued federal funding from the Fish and
Wildlife Services for their part of the costs. Mr. Schildwachter said
delisting is delayed because our neighboring states do not have
management plans in place. He said we need to publish an advance
notice of delisting, so the process of delisting can be started. Mr.
Schildwachter answered questions from the committee regarding federal
funding, problem wolves and the continued involvement of the Nez Perce
Tribe after delisting. Mr. Caswell answered questions regarding the
status of sage grouse, the extended comment period for bull trout and the
river flows in the Kootenai River.

H 4 Mr. Roger Furhman, Department of Fish and Game, said this bill will
delete obsolete language referring to a list of revoked licenses sent to
vendors.
MOTION: Representative Jones made a motion to send H 4 to the floor with a “do
pass” recommendation. By a voice vote the motion carried.
Representative Eskridge will sponsor the bill.
H 5 Mr. Furhman said this bill came about when a father purchased a lifetime
license for a young child, who then passed away and he wanted to give
the license to another family member as a memorial to the child. They
found out that in code, this could not be done. Mr. Furhman said this bill
will now allow that.
MOTION: Representative Cuddy made a motion to send H 5 to the floor with a “do
pass” recommendation. By a voice vote the motion carried.
Representative Langhorst will sponsor the bill.
H 6 Mr. Furhman said this bill will give the director authority to waive a $20.00
fee for a live fish transport permit. Mr. Furhman answered questions from
the committee regarding who uses the permits and how many permits
were issued. He also answered concerns regarding the language in the
bill.
MOTION: Representative Jones made a motion to send H 6 to the floor with a “do
pass” recommendation. By a voice vote the motion carried, with
Representatives Campbell, Barrett, Roberts and Bedke being recorded as
voting NAY. Representative Jones will sponsor the bill.
Mr. Jack Oyler addressed the committee and said he has had discussions
with several people regarding wolves among other issues. He expressed
concern with the cost of wolf management, saying that by accepting the
responsibility of managing wolves, it will cost a lot of money. Mr. Oyler
also expressed concern with part of the cost of management possibly
being paid by sportsmen and he would like to see hunting opportunities
for his children and grandchildren.






Mr. Ron Gillett, Stanley, addressed the committee and said the problem of
wolves could be Idaho’s worst wildlife disaster and he has seen a 50%
reduction in cabin rentals in Stanley. He said out-of-state hunters don’t
plan on coming back to Idaho because of the wolf situation. Mr. Gillett
said the big game hunting and local economies were not to be hurt when
wolves were reintroduced and the monitoring of wolves is not accurate.
He said that just because wolves are in Idaho doesn’t mean we have to
accept them.

ADJOURN: The meeting adjourned at 3:20 p.m.






DATE: January 27, 2003
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Campbell, Barrett, Moyle, Eskridge, Raybould,
Roberts, Bedke, Robison, Langhorst, Sayler
ABSENT/

EXCUSED:

Representatives Denney and Cuddy
A quorum being present, Chairman Stevenson called the meeting to order
at 2:50 p.m.
MOTION: Representative Bell made a motion to approve the minutes of Thursday,
January 23, 2003. By a voice vote the motion carried.
RS 12706 Mr. Norm Semanko, Executive Director, Idaho Water Users Association,
said that irrigation districts also operate as local improvement districts.
He said this bill would allow district funds to be used for these local
improvement districts as land becomes more urbanized.
MOTION: Representative Wood made a motion to introduce RS 12706 for print. By
a voice vote the motion carried.
RS 12708 Mr. Semanko said this bill deals with the impact of recreational use of
ditches and canals in regards to water quality standards. He said
irrigation districts and canal companies can choose to have it be illegal to
use ditches and canals for recreational purposes. Mr. Semanko said they
would not have to meet recreational water quality standards in laterals
and drains and they would have to inform the local sheriff and post signs
that recreation is not allowed. He also said it would be an infraction and
the fine would not exceed $100.00.
MOTION: Representative Moyle made a motion to introduce RS 12708 for print. By
a voice vote the motion carried.
H 65 Mr. Rick Collignon, Director, Department of Parks and Recreation, said
this bill will update a list of State Parks and he reviewed the additions to
the list. Mr. Collignon answered questions from the committee regarding
the cost to Parks and Recreation for these additions and if the local
communities were consulted about these parks.
MOTION: Representative Roberts made a motion to hold H 65 for time certain,
being Monday, February 3, 2003. By a voice vote the motion carried.






H 67





Mr. Collignon, said the Department of Parks and Recreation is
responsible for managing the states interest for wild flowers, but the
department hasn’t hired botanists and they use the Department of Fish
and Game’s Conservation Data Center to track rare plants. He said this
bill will transfer the responsibility of managing rare and endangered plants
to the Department of Fish and Game, who already have the experts. Mr.
Collignon said the funds the Department of Parks and Recreation receive
from the U.S. Fish and Wildlife Services would also be transferred to the
Department of Fish and Game. Mr. Collignon answered questions from
the committee regarding the fiscal impact to the department, and the
amount of money the department receives from U.S.F.W.S.



Mr. Glen Secrist, Department of Agriculture answered questions regarding
the Department of Agriculture managing noxious weeds and using the
same Conservation Data Center.



Committee members also expressed concern with the possibility of
sportsmen’s money being used to manage endangered plants, if this
responsibility is transferred to the Fish and Game.

MOTION: Representative Campbell made a motion to send H 67 to the floor with a
“do pass” recommendation.
Mr. Steve Huffaker, Director, Department of Fish and Game answered
questions and said the Conservation Data Center was created as an
aftermath of the Endangered Species Act and the states requiring a
standardized format for rare plants and animals. He said the program has
been in place for 15 years and that anybody wanting information on rare
plants and animals would get it from the Conservation Data Center. He
also said that during those 15 years sportsmen money has never been
used for anything that would not benefit sportsmen.



Mr. David Hensley, Legal Council for the Office of Endangered Species,
spoke in support of the bill.



By a voice vote the motion carried, with Representatives Wood, Barrett,
Eskridge and Roberts voting NAY. Representatives Langhorst and
Campbell will sponsor the bill.

ADJOURN: The meeting adjourned at 3:56 p.m.






DATE: January 28, 2003
TIME: 6:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Representatives Jones, Eskridge, Bedke,
Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Representatives Wood, Field (23), Bell, Barraclough, Denney,
Campbell, Barrett, Moyle, Raybould, Roberts
Co-Chairman Noh called the meeting to order at 6:34 p.m. He
spoke to the response and interest in this issue. Chairman Noh
said the meeting is an attempt to find a way to deal with the
problems of ATV use so responsible users can continue to enjoy
the recreation.



Co-Chairman Stevenson said he had heard many reports of
problems with ATV users and that most people don’t understand
the regulations on different lands throughout the state. He said it is
important to hear from the agencies dealing with this and from the
public.

Mr. Rick Collignon, Director, Department of Parks and Recreation,
gave an overview on the issue and where Idaho is with the growing
number of ATV users. He said the number of users has outgrown
the management and users don’t have a clear understanding of
how the resources are effected. Mr. Collignon said there are four
types of users; hunters, recreational users, private land owners and
other multiple use recreational operators. Mr. Collignon gave some
statistics on the number of registered ATV’s and trail bikes and the
increased percentage of sales in the state. He said there were
more ATV’s sold in the state than on-highway or off-highway
motorcycles combined. Mr. Collignon reviewed results of a survey
conducted in Idaho with the Fish and Game, BLM and Forest
Service. He said the restricted areas need to be adequately signed
and enforced and new restrictions need to be developed in high use
areas. He also said new designated trails should be created for
recreational opportunities for users on public lands.
Mr. Ernie Lombard, Chairman, Park Board, said that the good and
bad thing about ATV’s is that anybody can ride one. He said ATV
use is a problem but it also is an opportunity to see more of the
state. Mr. Lombard said there are economic benefits to areas with
ATV trails and on average ATV users are very responsible. He said
the Park Board has a game plan and can meet the needs of users
through management.
Mr. Steve Huffaker, Director, Department of Fish and Game, said
the department would like to address the issue as a hunting issue
and how it effects hunting and hunters. He said it is a jurisdictional
issue and ATV users don’t know the regulations. Mr. Huffaker said
they have had some successful restricted area pilot projects and
the commission may propose some additional area restrictions for
next year.
Mr. Lin Hintze, Chairman, Custer County Commissioners, reviewed
a proposed trail system and said ATV’s do cause problems when
they go places they are not supposed to be. He said it would boost
Custer County’s economy to have a trail system and he believes it
can be managed.
Mr. Dick Smith, Boise National Forest, introduced other people from
the Forest Service. He said the Boise National Forest has many
ATV users and that ATV use has grown dramatically in the last few
years. Mr. Smith said that the travel management plan has not kept
pace with the growth of ATV use and a challenge for the Forest
Service is that a huge network of trails is not designated for ATV’s.
Ms. Liz Close, Forest Service, said the Forest Service has
published a National Recreation Strategy Statement regarding ATV
use and they are designating trails on a site by site basis. She said
they are working with other agencies, groups and providers at state
levels to designate routes and areas that are appropriate for ATV
use. Ms. Close said the recreational public deserves clarity and
quality in what is offered.
Mr. Jerry Reese, Forest Service, Caribou/Targee National Forest,
said there is a statewide cooperative effort to solve this issue. He
said the forest plan process designates trails to eliminate cross
country use, but there needs to be trail maintenance. Mr. Reese
said there is several thousand miles of trails that are being used,
that were not originally designed for ATV’s. He said there needs to
be education and enforcement and using ATV’s responsibly is very
important.
Ms. Susan Giannettino, BLM, said the growth for ATV use has
exceeded expectations and BLM believes ATV’s are an appropriate
recreational activity in appropriate places. She said their goal is
improving access information for ATV users but there is a law
enforcement issue to address. Ms. Giannettino said education and
information sharing with other agencies is critical and that BLM is
committed to providing quality recreational opportunities for users.


Mr. Wayne Weiner, representing himself, said the recklessness of
ATV users makes it almost impossible for other uses of the land.
He said there needs to be self policing and recommended a
statewide sticker program to provide funds for specific areas for
maintenance of trails. Mr. Weiner said he is in favor of ATV’s but
against the blatant abuse that he sees.
Mr. William Jones, Idaho ATV Association, said the number of
ATV’s registered in Idaho is increasing and you will find several
irresponsible and thoughtless riders in the state. He said his group
has put up signs on trails and have volunteered over 500 hours to
help maintain roads and trails. Mr. Jones suggested a $2.00 fee
per bike, per year to help with specific areas for the search and
rescue fund.
Mr. Ron Strickland, past president, ATV Association, said ATV’s
provide great experiences for families to see the state and wildlife
and the complaints are caused by a small number of people. He
said there are already laws in place to prevent the problems that
have been discussed, there is a need for enforcement of the laws.
Mr. Steve Gunderson, president, Idaho Trail Council, said the
people he represents are on board for providing protection for
Idaho’s trails. He said they support ATV use and the key to dealing
with the challenges is partnerships.
Mr. Thomas Judge, member, Idaho State Bowhunters, spoke in
support of ATV’s, saying there are a lot of tools in place to deal with
the problems, but the irresponsibility of some users needs to be
addressed. Mr. Judge reviewed recommendations to discourage
abuse, controlling confrontations, strengthening current penalties,
taking privileges or vehicles away, and mandating restitution. He
said there is a need to establish and clarify Fish and Game
enforcement and better communication with agencies. Also he
recommended general information be put into other agency
publications. Mr. Judge reviewed recommendations for law
enforcement and judges. He said land use violations are often part
of other illegal activities.
Mr. Brett Madron, president, Treasure Valley Trail Machine
Association, said he is here at the interest of two wheel off-road
users. He said there is a need for a comprehensive trail system on
public land and their number one objective is to maintain dispersed
trails. Mr. Madron said they support ATV use as legitimate
recreation. He said there is a need to establish a statewide trail
system for ATV’s that is separate from two wheel trails. He
suggested review and input for funding requests and the availability
of funds is paramount to trail system management. Mr. Madron
said Parks and Recreation has done a good job and there is a need
to provide clear legible maps for users and provide more trail
management.
Mr. Brett Nelson, Ada County Green Party, said that no one has
said how fish and water and wildlife are impacted by ATV’s and this
is an issue that should be addressed.
Mr. Jack Fisher, president, Idaho Wildlife Federation, said that 90%
of ATV owners are respective of the land and the other 10% are
why we are discussing the issue. He said there are rules on the
books that, if properly enforced will send a message to ATV users
that abuse will not be tolerated. He said he supports an honest
effort to solve the problems in this issue.
Mr. Clark Collins, executive director, Blue Ribbon Coalition, spoke
to the national implications of funding for off-highway vehicle
recreation. He said the increase in the number of registered ATV’s
show that users in Idaho are supporting the Department of Parks
and Recreation. Mr. Collins said that off high-way trail user groups
are very organized in Idaho and are willing to help with this issue.
Mr. Ted Howard, Idaho Resources Advisory Council, said he
remembers when people would come to Idaho because of what
Idaho had to offer, and Idaho is unique in comparison to other
states. He said the people who spoke before him are more
narrowly focused on recreation, economics and personal needs.
Mr. Howard said the decisions the committee makes will impact the
environment and many species and he believes all of creation has a
purpose. He said the legacy of the State of Idaho hinges on this
decision making. Mr. Howard said he is not against ATV’s but he
does believe it should be controlled in designated areas. He said
many areas have been impacted to some extent and there is a
need for restrictions and limitations. Mr. Howard said not all
resources are renewable and the impacts caused by ATV users are
irreversible.
Mr. Mike Ihly, Huet Farm Management, said the Owyhee area has
been given up as a play ground for ATV and motorcycle use. He
said there are problems with users in the area on the Owyhee front.
Mr. Ihly said there is a need for strict regulations and enforcement
and possibly restrictions to entire areas.
Ms. Lauren McLean, Idaho Conservation League, said they support
appropriate use of ATV’s, but use in inappropriate areas is
destroying vegetation and spreading noxious weeds. She said they
don’t want to see single track trails converted to double track trails
and the abuse of land by machines is leading to more regulation.
Ms. McLean said regulation and enforcement are important for
management of areas.
Mr. Russ Thurow, representing himself as an elk and deer hunter,
said that unrestricted ATV use is ruining hunting in Idaho. He said it
is reducing habitat, driving game away and reducing the quality of
hunting. Mr. Thurow said there is a lack of management and a
need to enforce the existing laws. He said too many trails and
users are effecting wild game and the resource.
Mr. Jim Juker, representing himself, said he has been riding ATV’s
for years as a responsible guest to the area he is riding in. He said
ATV users are the extra eyes and ears as responsible citizens on
public lands. Mr. Juker said there is a need to give people a sense
of direction to were they can or can not go.
Note: Copies of written testimony given in the meeting is available in the
secretary’s office.
ADJOURN: The meeting adjourned at 9:30 p.m.






DATE: January 29, 2003
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Vice Chairman Wood, Representatives, Bell, Barraclough, Denney,
Campbell, Barrett, Eskridge, Raybould, Roberts, Bedke, Cuddy, Langhorst,
Sayler
ABSENT/

EXCUSED:

Chairman Stevenson, Representatives Field(23), Jones, Moyle, Robison
Vice Chairman Wood called the meeting to order at 1:50 p.m.
MOTION: Representative Raybould made a motion to approve the minutes of Monday
January 27, 2003. By a voice vote the motion carried.
Representative Roberts gave a report from the Parks and Recreation Rules
Subcommittee. He said the subcommittee had met and reviewed the rules
and voted to approve the rules with two exceptions. He explained that the
subcommittee was not comfortable with the definitions of Camping Unit and
Occupancy in Docket No. 26-0120-0202 Subsections 010.04 and 200.01.
MOTION: Representative Roberts made a motion to accept the subcommittee’s report
to approve the rules for the Department of Parks and Recreation with the
exception of Docket No. 26-0120-0202 Subsections 010.04 and 200.01,
which will be rejected. By a voice vote the motion carried.
Representative Roberts also reported that there would be a Concurrent
Resolution before the committee to accept the fee rules for the department.
Docket No.

15-0301-0201

Ms. Jane Gorsuch, Intermountain Forest Association, reviewed the rules for
the Forest Products Commission. She gave a brief background and said the
change in the rules clarifies assessment year and calendar year. She said
there are other small changes in the rules also.
MOTION: Representative Cuddy made a motion to accept the rules for the Forest
Products Commission, Docket No. 15-0301-0201. By a voice vote the
motion carried.
H 35 Ms. Gorsuch said this bill provides clarification and allows the statute and the
rules to be aligned.
MOTION: Representative Roberts made a motion to send H 35 to the floor with a “do
pass” recommendation. By a voice vote the motion carried. Representative
Cuddy will sponsor the bill.
ADJOURN: The meeting adjourned at 2:03 p.m.






DATE: February 3, 2003
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge,
Raybould, Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

None.
Chairman Stevenson called the meeting to order at 1:35 p.m.
MOTION: Representative Robison made a motion to approve the minutes of
Tuesday, January 28, 2003. By a voice vote the motion carried.
MOTION: Representative Cuddy made a motion to approve the minutes of
Wednesday, January 29, 2003. By a voice vote the motion carried.
Representative Cuddy introduced Dr. Jay O’Laughlin, whom he worked
with on the Federal Land Task Force proposal and the Policy Analysis
Group. He said Dr. O’Laughlin has done many things for the natural
resources community.



Dr. O’Laughlin, Director, Policy Analysis Group, reviewed some highlights
of his report: Endowment Fund Reform and Idaho’s State Lands. He said
endowment lands were granted for the purpose of supporting public
schools. Dr. O’Laughlin reviewed the financial returns from rangelands,
forest lands, and grazing. He explained under-performance and that
selling or exchanging these underperforming lands is an option. Dr.
O’Laughlin said that they are improving performance through modification
in the management process. He explained endowment fund reform and
said that Idaho has reduced acreage of endowment lands. Dr. O’Laughlin
responded to questions from the committee.

Representative Cuddy introduced Mr. Darrel Olson, saying he is active in
land exchange and the funding of education.



Mr. Darrel Olson, said he is an advocate for education and would like to
maximize the endowment fund. He said an increase in the school
endowment would be beneficial and the fund is to provide endowment for
public schools. Mr. Olson said he is a business man working with public
agencies in five states, with 30 different companies and thousands of
farmers, dealing with these land exchanges. He said some issues that
need to be addressed are public access, watershed issues, protecting
endangered species and natural resources. Mr. Olson recommended
working with land lords to try and resolve these issues.



Representative Cuddy said he appreciated the committee taking the time
to listen to these issues that have been discussed many times.

Mr. Karl Dreher, Director, Department of Water Resources, gave a review
of the agency. He said they had not eliminated any positions in the
regional offices until the last hold back request, but they did eliminate 12
positions in the main office. Mr. Dreher said that when he was appointed
director in 1995, he evaluated the agency and found considerable room
for more efficiency. He said after a reevaluation they needed to make
some improvements with the computer system, which was done. He said
the computer replacement was very successful and created a savings in
their general fund appropriation. Mr. Dreher said their annual growth in
budget has been less than 3%. He said that reductions are difficult to
make in the agency because they haven’t had any increases. Mr. Dreher
said they have complied with resent hold backs by eliminating positions
and reducing duplication in the stream channel alteration program. Mr.
Dreher said the only way to make more cuts in the Water Resources
Department is to cut services, suspend the comprehensive river basin
planning or to suspend the Snake River adjudication process, which is on
target to be completed in 2005. Mr. Dreher reviewed the water supply
situation, saying that it is not good in North Idaho, the Upper Snake is
improving and progressing and the Boise Basin started out extremely dry,
then reached normal snow pack, but has now lost snow pack because of
rain. Mr. Dreher responded to questions from the committee regarding
isolated wet lands, the stream protection program, the process of
transfers and the water situation in the Columbia Basin.
H 56 Mr. Karl Dreher, said this bill attempts to correct an ambiguity in the Code.
He said the Water Resources Board provides limited funds for various
projects and has a loan/grant program. He said the board is looking at
the prospect of bundling the more secure loans and issuing a revenue
bond. Mr. Dreher said the approach would free up money for other loans.
He explained that the change would be a tool to be used by the Water
Resources Board.



Mr. Norm Semanko, Executive Director, Idaho Water Users Assn., said
they have reviewed the bill and are in favor of it. He said this is a practical
and timely source of money to do these projects, without impacting the
state’s budget situations.

MOTION: Representative Raybould made a motion to send H 56 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Raybould will sponsor the bill.
H 65 MOTION: Representative Roberts made a motion to send H 65 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Sayler will sponsor.
ADJOURN: The meeting adjourned at 3:15 p.m.






DATE: February 5, 2003
TIME: 1:30 p.m.
PLACE: Gold Room
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives
Field(23), Jones, Bell, Barraclough, Denney, Campbell, Barrett,
Moyle, Eskridge, Raybould, Roberts, Bedke, Robison, Cuddy,
Langhorst, Sayler
ABSENT/

EXCUSED:

None.
GUESTS: See attached list.
Co-Chairman Stevenson called the meeting to order at 1:35 p.m.
He thanked Jim Caswell and Greg Schildwachter for coming. Co-Chairman Noh also thanked the Office of Species Conservation for
keeping the committees informed on the wolf situation.
Mr. Jim Caswell, Administrator, Office of Species Conservation,
thanked the committees for allowing him to speak and said last year
they worked hard together to pass a state wolf management plan.
He said Idaho is taking the lead regarding the wolf issue and with
regulatory mechanisms in place, Idaho may not need to wait for the
neighboring states.
Mr. Michael Bogert, Governor’s Office, said that the Governor
respects the feelings on this issue and agrees with many of the
members of the committees, that wolves should not have been
reintroduced to begin with. Mr. Bogert also said that the Bush
Administration understands there should be active state input on
this issue.
Mr. Greg Schildwachter, Office of Species Conservation, said
wolves are here and they are doing their thing, biologically. He said
the state needs to focus on action. Mr. Schildwachter gave a slide
presentation, he said regardless of the exact number of wolves,
there is a steady increase and they are distributed throughout the
state. Mr. Schildwachter said Idaho’s interest is to manage elk and
deer, protect livestock and private property from problem wolves
and to receive fair compensation for losses. He said the plan of
action is to implement the wolf plan, which gives immediate
management authority, reaffirm the 1988 agreement with USDA
Wildlife Services for killing problem wolves, reaffirm the three state
agreement with Wyoming and Montana, reach an agreement with
Nez Perce on cooperation and address the issue of oversight by the
Governor’s Office of Species Conservation and the Legislature. Mr.
Schildwachter reviewed what would need to be done on the federal
level for an orderly transition to state control. Mr. Schildwachter
reviewed the costs for Idaho control, figuring future costs and
additions in management. He also explained the oversight
program.



Mr. Schildwachter responded to questions regarding the Wyoming
and Montana plan progress, the reference to advanced rule making,
funding of the management plan, the legislative role and a proposal
to update language in the Code.



Mr. Bogert responded to questions regarding a draft proposal for
language and an annual report to the Legislature.



Mr. Schildwachter answered questions regarding the time line for
delisting and how landowners and homeowners impacted by wolves
will be able to deal with problem wolves.

Mr. Steve Huffaker, Director, Department of Fish and Game,
responded to questions regarding the definition of Special Species
of Concern. He said all agencies are trying to represent the state
and go in the same direction regarding the wolf plan. Mr. Huffaker
said that wolves are well past biological recovery in the Western
United States. He explained findings of studies regarding the
impacts of wolves on elk herds. Mr. Huffaker said the wolves are
having an effect on elk populations and it is hard to monitor the
exact number of wolves. Mr. Huffaker responded to questions
regarding the movement of wolves to areas where herds are more
plentiful and the fluctuation of the predator/prey system.
The joint meeting adjourned at 3:10 p.m. and the House Resources
and Conservation Committee was called to order at 3:15 p.m.
RS 12707 Mr. Steve Tobiason, representing the Outfitters and Guides
Licensing Board, handling enforcement issues, said the industry
had problems with the language in H 39, which he is asking the
committee to hold and the industry supports the language in this
new RS. He said the RS deals with lapsed licenses and unlicenced
outfitters and guides. Mr. Tobiason responded to several questions
regarding the time limit between an offence and enforcement and
the $5,000 fine.
MOTION: Representative Cuddy made a motion to introduce RS 12707 to
print. By a voice vote the motion carried.
H 39 Representative Cuddy made a motion to hold H 39 in committee.
By a voice vote the motion carried.
RS 12661 Representative Cuddy explained that this memorial will ask that the
Federal Government pay for salmon recovery.
MOTION: Representative Eskridge made a motion to introduce RS 12661 to
print. By a voice vote the motion carried.
RS 12575C2 Representative Deal gave a background of legislation that regulated
jet skis in Island Park and that water vessels also means boats. He
said this RS extends the ability for boaters to pull water skiers to
and from docks. He said there is a problem with consistent
enforcement and he consulted with Parks and Recreation on the
language. Representative Deal said the language allows for a boat
to pull a water skier to and from a dock, then get out of the no wake
zone quickly. Representative Deal responded to questions from the
committee.
MOTION: Representative Roberts made a motion to introduce RS 12575C2 to
print. By a voice vote the motion carried.
ADJOURN: The meeting adjourned at 3:47 p.m.






DATE: February 7, 2003
TIME: Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Denney, Campbell, Moyle, Eskridge, Raybould,
Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Representative Barrett
A quorum being present, Chairman Stevenson called the meeting to order
at 11:57 a.m.
MOTION: Representative Langhorst made a motion to approve the minutes of
Wednesday, February 5, 2003 with a change on the first page, second
paragraph, changing “won’t” to “may not” in the last sentence. By a voice
vote the motion carried.
MOTION: Representative Cuddy made a motion to approve the minutes of Monday,
February 3, 2003 as written. By a voice vote the motion carried.
MOTION: Representative Moyle made a motion to introduce RS 12784C1, RS
12756, RS 12757C1, and RS 12871 to print and introduce RS 12892 and
RS 12912 to print and refer them to the second reading calendar. By a
voice vote the motion carried. Representative Roberts will sponsor RS
12892 and RS 12912 on the floor as bills.
RS 12796C1 Representative Jones said this RS is a codification of an existing council
and has been a product of a great deal of work by many groups. He
explained that the Governor, among others, has indicated strong support
for this measure.
MOTION: Representative Langhorst made a motion to introduce RS 12796C1 for
print. By a voice vote the motion carried, with Representative Wood being
recorded as voting NAY.
ADJOURN: The meeting adjourned at 12:09 p.m.






DATE: February 11, 2003
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Bell, Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge, Raybould,
Bedke, Robison, Cuddy,, Sayler
ABSENT/

EXCUSED:

Representatives Jones, Roberts, Langhorst
A quorum being present, Chairman Stevenson called the meeting to order
at 1:32 p.m.
MOTION: Representative Robison made a motion to approve the minutes of Friday,
February 7, 2003. By a voice vote the motion carried.
H 43 Mr. Ron Litz, Assistant Director; Department of Lands, said this bill will
authorize the State Board of Land Commissioners to raise the land
assessment fee. He said funding comes from the federal government,
land owner assessments and the state general fund.
MOTION: Representative Campbell made a motion to send H 43 to the floor with a
“do pass” recommendation.
Ms. Jane Gorsuch, Associated Logging Contractors, spoke in support of
both H 43 and H 46, saying this was a bad time for an increase but it is
needed to help protect water quality and provide fire protection.
By a voice vote the motion carried. Representative Campbell will sponsor
the bill.
H 46 Mr. Litz said this bill is structured similarly to H 43 in that it authorizes the
State Board of Land Commissioners to establish a rate for fire
preparedness. He said the fire preparedness account is also depreciated
and they are asking for this increase to be phased in. Mr. Litz responded
to questions from the committee.
MOTION: Representative Cuddy made a motion to send H 46 to the floor with a “do
pass” recommendation. By a voice vote the motion carried.
Representative Cuddy will sponsor the bill.

Mr. Mark Benson, Director, Public Affairs; Potlatch, gave a power point
presentation on Working Forest Conservation Easements. He said
Potlatch is moving forward in forest land ownership and they own 670,000
acres in Northern Idaho. Mr. Benson reviewed the general statistics and
said that the State of Idaho will actually hold the easement. He said that
of the 670,000 acres, 600,000 are candidate acres for conservation
easements. Mr. Benson explained two parts of a conservation easement
as development rights; keeping the forest in working condition and not
subdividing or building, and public access as available for public use. He
reviewed their management of lands and said their contribution to the
forest products industry is large. Mr. Benson said their intent is to provide
recreation and access to forest land instead of development and they
intend for the forest land to be around for a long time. Mr. Benson
responded to questions from the committee.
ADJOURN: The meeting adjourned at 2:35 p.m.






DATE: February 13, 2003
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Representatives Field(23), Bell, Barraclough,
Denney, Campbell, Eskridge, Raybould, Roberts, Bedke, Robison,
Langhorst, Sayler
ABSENT/

EXCUSED:

Representatives Wood, Jones, Barrett, Moyle, Cuddy
A quorum being present, Chairman Stevenson called the meeting to order
at 1:31 p.m.
MOTION: Representative Sayler made a motion to approve the minutes of Tuesday,
February 11, 2003. By a voice vote the motion carried.
H 38 Mr. Jake Howard, Outfitters and Guide Licensing Board, said this bill
allows the licensing board to issue a multiple year licence to an outfitter
and guide. He said this bill will be followed by rules which will go into
effect next year.
MOTION: Representative Bedke made a motion to send H 38 to the floor with a “do
pass” recommendation. By a voice vote the motion carried.
Representative Bedke will sponsor the bill.
H 40 Mr. Howard said this bill is a housekeeping bill, it establishes a new dead
line date for applications so outfitters will be licensed before guides. He
said this bill will also be followed by rules.
MOTION: Representative Roberts made a motion to send H 40 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Langhorst will sponsor the bill.
H 36 Mr. Howard said the first part of this bill allows for rules to expedite
emergency applications, this allows the board to become more efficient in
processing bills. He said this also allows the board to do on line licensing
and outfitters and guides can file applications electronically. Mr. Howard
said this will improve the effectiveness and efficiency of the licensing
system. Mr. Howard answered questions from the committee



Mr. Brad Hoagland, Idaho Outfitters and Guides Association, said they
have looked at these bills and the association has no problems with H 36.

MOTION: Representative Roberts made a motion to send H 36 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Sayler will sponsor the bill.
H 37 Mr. Steve Tobiason, attorney, Outfitters and Guides Licensing Board,
requested this bill be held for time certain.
MOTION: Representative Field made a motion to hold H 37 for time certain, being
Wednesday, February 19, 2003. By a voice vote the motion carried.
H 173 Mr. Tobiason said this bill will provide the board with jurisdictional
authority for lapsed licenses and unlicenced outfitter or guides. He
explained an amendment to the bill, regarding the section in Code which
sets forth the standards for the list of violations. Mr. Tobiason responded
to several questions regarding the amendment and its effect to the
language in the bill.
MOTION: Representative Roberts made a motion to send H 173 to General Orders
with committee amendments attached. Representative Eskridge
seconded the motion. By a voice vote the motion carried. Representative
Roberts will sponsor the bill.
ADJOURN: The meeting adjourned at 2:04 p.m.






DATE: February 17, 2003
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Jones,
Bell, Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge, Raybould,
Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Representative Field(23)
A quorum being present, Chairman Stevenson called the meeting to order
at 1:35 p.m.
MOTION: Representative Langhorst made a motion to approve the minutes of
Thursday, February 13, 2003. By a voice vote the motion carried.
Chairman Stevenson said that H 211 would be moved to Wednesday’s
meeting at the request of the sponsor.
H 174 Representative Deal gave some background of how this legislation
originated, saying it was intended to address jet skis, but that boats and
other types of water craft were included in the definition of vessels. He
said there had been situations with the enforcement of the 100 ft. rule.
Representative Deal said the 100 ft. distance is still included in this bill,
with the exception of pulling a water skier from or dropping off a water
skier at a dock. He said the language now, would give the boat operator
the opportunity to do this, then get out of the no wake zone as quickly as
possible.
MOTION: Representative Campbell made a motion to send H 174 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Deal will sponsor the bill.
H 124 Mr. Norm Semanko, Executive Director, Idaho Water Users Association,
said this bill deals with an outdated reference in the code referring to
investments made by irrigation districts. He said this would give
additional flexibility to the water districts to allow for funding of projects
without getting a bond.
MOTION: Representative Wood made a motion to send H 124 to the floor with a “do
pass” recommendation. By a voice vote the motion carried.
Representative Bedke will sponsor the bill.
H 125 Mr. Semanko said this bill allows irrigation districts and canal companies
who have a problem with recreation in their canals to prohibit recreational
activities. He said some recreation in canals can create issues of safety,
can impact canal operation and can effect water quality. Mr. Semanko
addressed the concerns of incidental activity, activities in dry canals,
recreational pathways and hunting or fishing. He said this bill would not
impact these activities. Mr. Semanko responded to questions from the
committee regarding navigable streams, public waterways, and posting
the restriction.



Representative Sayler said he had gotten an e-mail from Lee Helper in
Jerome, Idaho regarding concerns with the Clean Water Act.
Representative Raybould explained that if water in a canal is diverted
from a river, it is the property of the canal company and is not under the
Clean Water Act unless it is put back into the river. Representative
Raybould expressed concern about a whole canal being restricted from
recreation or if only a section of a canal can be restricted. Mr. Semanko
responded by saying the intent is to allow restrictions in portions of canals
and he would see no problem with adding an amendment to that affect.
Representative Raybould suggested an amendment on Line 15, after
“drain”, adding “or portion thereof”.



Ms. Della Johnson, representing herself, said the committee should
consider the issue of giving the canal companies the ability to reduce the
quality of the water supply.

MOTION: Representative Raybould made a motion to send H 125 to General
Orders with committee amendments attached. By a voice vote the motion
carried. Representative Raybould will sponsor the bill.
H 208 Mr. Lynn Tominaga, Idaho Ground Water Appropriators, said this bill
allows for ground water districts to vote an assessment when an
assessment vote is called for instead of having each ground water user
vote each individual water right. Mr. Tominaga responded to questions
from the committee.
MOTION: Representative Wood made a motion to send H 208 to the floor with a “do
pass” recommendation. By a voice vote the motion carried.
Representative Stevenson will sponsor the bill.
ADJOURN: The meeting adjourned at 2:29 p.m.






DATE: February 19, 2003
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge,
Raybould, Roberts, Bedke, Robison, Cuddy, Sayler
ABSENT/

EXCUSED:

Representative Langhorst
Chairman Stevenson called the meeting to order at 1:32 p.m.
MOTION: Representative Bell made a motion to approve the minutes of Monday,
February 17, 2003. By a voice vote the motion carried.
Chairman Stevenson explained that H 37 would be moved to the meeting
on Tuesday, February 25, 2003.
H 210 Representative Eskridge said over the past year the Parks and
Recreation Department has changed the criteria for the Waterways
Improvement Fund. He said this bill will make the grant criteria for the
Waterways Improvement Fund the way it was before it was changed.
Mr. Kurtis Robinson, Director, Kootenai County Parks and Waterways,
spoke in support of the bill and said he began to follow this issue after he
had written grants for waterway improvement and the criteria had
changed. He said the grants are the life blood of the capitol
improvements for funding projects. Mr. Robinson gave statistics for
registered boats and public access sites in Kootenai and Bonner
Counties. He said they rely on the vessel account funds for operation but
rely on the grant money for improvements on their programs. Mr.
Robinson said the change in the criteria is a clear violation of the IDAPA
rules by the department. He urged the committee to honor the original
intent of the criteria and support H 210.
Mr. Tim Elsea, Director, Bonner County Public Work, said they are asking
for a level playing field and not for special consideration. He reviewed
where the funds go, the total amount of funds requested and how the
funds are distributed, saying that last year 60% went to state and federal
projects and 40% funded local projects. Mr. Elsea reviewed the history of
the criteria change. He said the department has not responded to
requests to interpret the IDAPA rules.
Mr. Brian Orr, Bonner County Commissioner, said the programs are the
life blood of recreation projects and the funds are very vital to the
existence of the counties. He said this bill is asking to codify the criteria
for these grants. Mr. Orr said local people work to keep the recreational
facilities up and he requested support for H 210.
Mr. Rick Collignon, Director, Department of Parks and Recreation, said he
wanted to provide the committee with a different side to the story. He said
the process started five years ago with looking at the grant administration.
He said that H 210 is driven by fear instead of facts, in reaction to tighter
management of the grant funds. Mr. Collignon reviewed the 2002 funds
and grants program allocations, and how the funds are distributed in the
state. He also reviewed the boating program reconciliation for each
county and how each county spends the money. Mr. Collignon said he is
asked to look for ways to increase funding and push for more money in all
programs, but the department will not request additional funds until they
know were they funds are being spent. He said the department is trying
to be efficient in management and fund the best projects and have a
competitive grant program. Mr. Collignon said the bill requires that 50%
of the funds be awarded to local programs and 50% to state and federal
projects and that it deletes language requiring the advisory committees to
advise the department. He said the new language in the bill takes away
discretion from the board and puts into code what the board has worked
to change over the last two years. Mr. Collignon said that only two parties
have been dissatisfied with the criteria change and that is Kootenai and
Bonner Counties. He said the bill changes the administration charge
from 20% to 10% and the general fund will have to pick up the difference
for administration costs. Mr. Collignon urged the committee to not adopt
H 210.
Mr. Ernest Lombard, Chairman, Parks Board, said the department is not
making advantages for the department or one project over another, they
are looking at ways to do business differently. He said the department
hasn’t changed the waterways grant, and that it is the users money and
should be used to benefit the user. Mr. Lombard said the change in
criteria is a more cost effective way to manage the system.
Senator Keough said the grant system should be a competitive process
and it has been changed from an objective process to a subjective
process. She said the bill puts back the criteria that was in place before
the change. Senator Keough said the department hasn’t been honest or
forthright in addressing concerns of people using boats and water ways.
She said this bill will put counties back on an equal playing field.



Mr. Elsea responded to questions from the committee regarding federal
projects in counties, multiple use projects receiving grant money and the
percentage of funds issued to Kootenai and Bonner Counties.

MOTION: Representative Campbell made a motion to send H 210 to the floor with a
“do pass” recommendation.
Mr. Robert Haakenson, Vice Chairman, Parks Board, said the counties
manage waterways and the bill says no less than 50% should go to local
projects but the local projects received 56%. He said the only change
that was made was an evaluation form for the advisory committees to use
to evaluate different grants. Mr. Haakenson said there is concern with
local counties getting their fair share of the money.
Mr. Ross Walkinshaw, Advisory Committee Member for Region 1, said he
didn’t feel the bill will help the process for registered boaters.
SUBSTITUTE

MOTION:

Representative Wood made a substitute motion to hold H 210 for time
certain, being one week.
Representative Wood said there are questions to what the real problem is
and she isn’t sure if this bill will solve the problem. Representative Barrett
spoke in support of the substitute motion and said there does need to be
some investigation and she would prefer to leave responsibility at the
county level.
AMENDED

SUBSTITUTE

MOTION:

Representative Cuddy made an amended substitute motion to hold H 210
in committee.
Representative Eskridge spoke in opposition of the amended substitute
motion and in favor of the substitute motion saying they cannot get
clarification or an interpretation of the IDAPA rules and many questions
need to be answered. Representative Robison spoke in support of the
amended substitute motion, saying this does raise questions and he
understands the concerns of the counties.
By a voice vote and division called for, the amended substitute motion
carried. The bill will be held in committee.
H 211 Mr. Karl Dreher, Director, Department of Water Resources, said this bill
changes the section in Code regarding grievances. He said when there is
a grievance by an action of the director the remedy is to petition the
department for a hearing after receiving notice. Mr. Dreher said this
change was made at the beginning of the subsection but it didn’t carry to
the end of the subsection. He said the changes will clear up an ambiguity
in the Code for a hearing after notification of any kind of grievance. Mr.
Dreher said they did have some changes they would like to make to the
bill and asked that it be referred to General Orders. He explained the
amendment, and said it narrows the discretion of the director and
provides the necessary notification.
MOTION: Representative Wood made a motion to send H 211 to General Orders
with committee amendments attached. Representative Field (23)
seconded the motion. By a voice vote the motion carried. Representative
Raybould will sponsor the bill on the floor.
HJM 2 Rep. Cuddy said this memorial will tell the federal government that
salmon recovery is a national concern, therefore should be paid for by the
federal government and not by rate payers in the Northwest.
MOTION: Representative Wood made a motion to send HJM 2 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Cuddy will sponsor the bill.
H 209 Rep. Roberts said this bill will combine the primary and secondary
depredation accounts for the Department of Fish and Game. He pointed
out the changes from a bill that was brought last year and said this bill is
completely repealing those sections of the Code, but most of the
language is retained in the writing of the new section. Representative
Roberts explained what the bill will do and how the new account will work.
He said there were other changes that needed to be added to the bill, he
explained these changes and requested the bill be sent to General
Orders.
MOTION: Representative Field (23) made a motion to send H 209 to General
Orders with committee amendments attached. Representative Barrett
seconded the motion.
Mr. Jack Fisher, Idaho Wildlife Federation, Fish and Game land owner
advisory Committee, said the advisory committee had spent time on this
issue and had not reached an agreement on the total package. He said
they support combining the two accounts but the secondary account has
just reach the $3 million point in which any extra money would go into
habitat improvement and land acquisitions. He said this bill would
eliminate that opportunity and he would like this provision to stay. Mr.
Fisher said that as the bill is written the advisory committee would oppose
it because they did not reach a consensus. Mr. Fisher responded to
questions from the committee.
By a voice vote the motion carried, with Representative Robison being
recorded as voting NAY. Representative Roberts will sponsor the bill on
the floor.
H 253 Mr. Rick Collignon, Director, Department of Parks and Recreation, said
that after review of the penalties for ATV violations it was found that they
were listed as misdemeanors. He said the bill will return the penalties for
failing to register or transfer registration of an ATV, non-registration by an
out-of-state ATV user and noise violations, to infractions. Mr. Collignon
responded to a question regarding ATV use on private land.
MOTION: Representative Roberts made a motion to send H 253 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Campbell will sponsor the bill.
H 66 Mr. Collignon gave the history of this legislation, saying that Parks and
Recreation officers had the authority to issue citations and had special
deputy status. He said that in developing a training program they
discovered that authority did not include recreational areas that was
managed but not owned by the department. Mr. Collignon said Parks and
Recreation officers have no authority to enforce violations in these areas.
Mr. Collignon said there are four sections in the Code were Parks and
Recreation can be called out for enforcement. He said they are not
proposing to expand their authority beyond these specific areas in the
Code. Mr. Collignon said the Parks and Recreation officers will wear
management style uniforms and carry official identification, they will not
carry badges, guns or utility belts, and will not have lights on their
vehicles. He said they will operation on the infraction level and staff will
be trained for these types of issues only. He said the department is
asking for approval of H 66. Mr. Collignon responded to questions from
the committee regarding the concern that the language deleted in the bill
will give the Parks and Recreation officer authority to go anywhere and
not just the authority to enforce violations on department land. The
committee suggested the deleted language be put back in and instead of
using “and”, use the word “or”. Mr. Collignon answered other questions
from the committee regarding additional authority for officers, enforcement
of ATV violations, and training of Parks and Recreation officers.
Mr. Vaughn Killeen, Association of Counties and Sheriffs Association,
said they oppose the potential authority increases in non-authority
agencies. He said they are opposed to this bill because it does eliminate
the boundary and gives broad power to these officers. He said they could
support the proposed amendment by the committee.
MOTION: Representative Roberts made a motion to send H 66 to General Orders
with committee amendments attached. Representative Wood seconded
the motion.
Mr. Bill Jones, President, Idaho ATV Association, spoke in support of the
bill, saying they need more authority to regulate ATV’s.
Mr. Terry Heslin, BLM, said they would be pleased to work with the State
of Idaho if authority is articulated and they do need help with
management.
SUBSTITUTE

MOTION:

Representative Robison made a substitute motion to hold for time certain.
By a voice vote the substitute motion failed. By a voice vote the original
motion carried, with Representative Robison being recorded as voting
NAY. Representative Roberts will sponsor the bill on the floor.
ADJOURN: The meeting adjourned at 4:55 p.m.






DATE: February 25, 2003
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge,
Raybould, Roberts, Bedke, Robison, Langhorst, Sayler
ABSENT/

EXCUSED:

Representative Cuddy
A quorum being present, Chairman Stevenson called the meeting to order
at 2:11 p.m.
MOTION: Representative Sayler made a motion to approve the minutes of
Wednesday, February 19, 2003. By a voice vote the motion carried.
Representative Barrett introduced Ms. Helen Franklin, and said she was
excited about the prospect of having her speak before the committee.
Ms. Helen Franklin, said she had worked for 15 years in her own timber
company and her company did conservation logging with a low thinning
technique. She said the introduction of grey wolves has turned into an
ecosystem disaster. Ms. Franklin said the meaning of conservation is
taken out of context in the Endangered Species Act (ESA). She said ESA
listings usually directly effect an industry in the area where the listing
occurs and the authority for listing a species should be removed from the
Fish and Wildlife Services. Ms. Franklin explained the definition of
registered species. She reviewed the finding regarding cooperative
agreements. She also explained the finding regarding cooperation and
consultation with the state, saying the state has the authority to manage
all resident species. Ms. Franklin explained that in Idaho’s Statute, it says
that the Department of Agriculture has exclusive control over predators
and can manage for predation. She said the Secretary of Agriculture can
prevent and control damage by predators even if the predator is a
threatened or endangered species. Ms. Franklin said that Fish and
Wildlife Services have threatened to not delist the wolf if states manage
them for predation, but have not said states can’t manage wolves for
predation. Ms. Franklin reviewed suggestions for action against the Fish
and Wildlife Services and listed violations by the Fish and Wildlife
Services. Ms. Franklin responded to questions by the committee.
H 37 Mr. Steve Tobiason, Outfitters and Guides Licensing Board, said this bill
is being replaced by H 295 and asked that it be held in committee.
MOTION: Representative Wood made a motion to hold H 37 in committee. By a
voice vote the motion carried.
H 295 Mr. Tobiason said this bill will replace H 37 and H 173 which was returned
to committee. He said after many discussions they had eliminated issues
of concern which were administrative authority and subpoenas, but this
bill does have a provision for conjunctive authority, and addresses lapsed
licenses and statute of limitations.
MOTION: Representative Bedke made a motion to send H 295 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Moyle will sponsor the bill.
H 212 Mr. Glen Secrist, Department of Agriculture, said the passage of this
legislation will enhance the ability to prevent the introduction of invasive
plants in Idaho. He explained the definition of invasive species. Mr.
Secrist said that prevention is better than a cure when dealing with
invasive species and noxious weeds. He explained the duties of the
council in this legislation. He said that action is better coming from the
local level when provided with adequate resources. Mr. Secrist said the
council will assess what is out there, make recommendations for action,
and implement a strategy. Mr. Secrist responded to questions regarding
the cost and size of the council.
Mr. Jim Yost, Office of the Governor, said this bill will codify an executive
order that is already in place. He said the council is large because of all
the agencies and entities involved with this issue. Mr. Yost responded to
questions regarding the fiscal impact, and the development of a strategic
plan.
Mr. Will Whelan, The Nature Conservancy, said that noxious weeds are
one of the greatest threats to native wildlife and plants and the Nature
Conservancy is working to make a positive contribution to fight noxious
weeds. He said invasive species harm natural resources and are a threat
to livestock, wildlife, and the economic viability of ranches and native
ecosystems. Mr. Whelan said the council will be a significant step in the
long term campaign to limit the damage of noxious weeds and invasive
species in the state.
Mr. Norm Semanko, Idaho Water Users Association, said people need to
be brought together to help protect against these species coming into the
state. He said the council will provide a vehicle for involvement where
solutions are discussed and they are trying to make government work
better with communication. He asked, when these threats come to our
border are we going to be ready. He asked the committee to support the
bill.
Mr. Rich Hahn, Idaho Power, read a letter of support for H 212 from Idaho
Power.
Mr. Trent Clark, Monsanto, said H 212 represents a critical need to bring
new allies to the table in fighting and preventing these invasive species.
Mr. Rick Collignon, Department of Parks and Recreation, said he has had
counties request money from the Waterways Improvement Fund to help
fund control efforts in their lakes. He said without a strategic plan or
coordination efforts, the department will think twice about funding these
projects.





MOTION:
Representative Jones explained that there were additions that needed to
be made to the bill, he reviewed the amendment.




Representative Jones made a motion to send H 212 to General Orders
with committee amendments attached.

Representative Barrett and Eskridge spoke in opposition to the motion,
and expressed concerns with the size of the council. Representative
Langhorst spoke in support of the motion saying this would give the group
a unified purpose and a resource for control of the issue. Representative
Jones said they recognize the concern with the size of the council but it
would bring to the table everyone that has a vested interest in the issue.
Representative Sayler spoke in support of the motion, saying this is a
preventative measure to a serious threat. Representative Moyle spoke in
opposition to the motion, saying he didn’t think this was necessary since it
was already being done by executive order.
ROLL CALL
VOTE:
By a roll call vote the motion FAILED, with Representatives Stevenson,
Jones, Robison, Langhorst and Sayler voting AYE and Representatives
Bell, Barraclough, Denney, Barrett, Moyle, Eskridge, Raybould, Roberts,
and Bedke voting NAY. Representatives Wood, Field (23), Campbell and
Cuddy were absent/excused. The bill will be held.
ADJOURN: The meeting adjourned at 4:44 p.m.






DATE: February 27, 2003
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Campbell, Barrett, Moyle, Eskridge, Raybould,
Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Representative Denney
Chairman Stevenson called the meeting to order at 2:12 p.m.
MOTION: Representative Langhorst made a motion to approve the minutes of
Tuesday, February 25, 2003. By a voice vote the motion carried.
H 277 Representative Campbell requested that the committee hold this bill, so it
could be worked on over the year.
MOTION: Representative Eskridge made a motion to hold H 277 in committee. By a
voice vote the motion carried.
H 273 Mr. Mark Benson, Potlatch, said Potlatch owns 670,000 acres of forest
land and through their learning process, they had found that the Code is
silent on liability for land owners for recreation. He said this bill gives the
grantor of a conservation easement the same liability coverage when the
land is used for recreation. Mr. Benson said the land owner would not be
liable if an injury occurs on that land when it is being used for recreation.
He said this section is to encourage owners of land to make it available
for recreational uses. Mr. Benson said this is good for Idaho, for Idaho’s
land owners and for the public. Mr. Benson responded to questions from
the committee.
Ms. Jane Gorsuch, Vice President; Idaho Affairs, Intermountain Forest
Association, spoke in support of the bill.
Dr. Greg Nelson, Idaho Farm Bureau Federation, spoke in support of the
bill, saying there are many kinds of conservation easements and this
clarifies the fact that if there is an easement including public access, that
liability will be covered.
Mr. Dick Ruch, Vice President; Natural Resources, IACI, said that many
natural resource based companies own large tracts of land that are
suitable for conservation easements and recreational activities. He urged
the committee to vote in favor of H 273.
MOTION: Representative Cuddy made a motion to send H 273 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Cuddy will sponsor the bill.
H 252 Senator Keough, said many counties have a high percentage of land in
public ownership where no property tax is collected. She said this
increases the burden on other property owners in the counties. Senator
Keough said that it was not contemplated that Fish and Game would own
huge tracts of land and that 70% of Idaho land is already in public
ownership. She wanted to know, how much is enough. Sen. Keough
said residents of counties need to be able to plan for economic growth
and the bill will provide that the Fish and Game give up land, if they want
to acquire more land elsewhere in the state. Senator Keough responded
to questions from the committee regarding land that is also managed by
Fish and Game, and a provision that Fish and Game pay an equivalent to
property tax.
Commissioner Dan Dinning, Boundary County, reviewed a map showing
National Forest acres in that county, and land owned by Fish and Game
in that county. He explained the economic loss to the county and that it
has a significant impact to the community. Commissioner Dinning said
they need protection for the loss to their community and help with the
economy. Commissioner Dinning responded to several questions from
the committee.
Mr. Steve Huffaker, Director, Department of Fish and Game, spoke in
opposition to the bill, saying that sportsman agree the Fish and Game
should hold land for public access. He said that some of this land being
sold could go into private non-profit groups or Indian tribes who would not
allow public access. Mr. Huffaker said the department has rewritten their
land acquisition policy in an attempt to try and address the valid concerns
in the legislation. He said the bill was brought forward to deal with a local
concern in a county and may not be good for the rest of the state. Mr.
Huffaker said that recent purchases have gone on with knowledge by the
local communities and with a willing buyer and seller. He said the Fish
and Game needs to look down the road for recreational activities. Mr.
Huffaker responded to questions from the committee regarding Fish and
Game’s role for land access and control of noxious weeds, the target
number for land acquisitions by Fish and Game, payments in lieu of
property taxes, and the departments policy for consulting with county
commissioners and conducting public hearings. Mr. Huffaker also
responded to questions regarding the assessment of lands available for
disposal, the maximum amount of land limited by the ability to manage the
land, land donated to the Fish and Game and which funds are used to
purchase land.
Mr. Chuck McDevitt, Chairman; Citizens Committee for Foothills, said
they have worked with Fish and Game and BLM in land exchanges. He
spoke in opposition to the bill because it limits private property owners
and negates government actions.
Mr. Herb Meyr, Mountain Home; representing himself as a hunter and
fisherman, said that fishing accesses are very valuable and belong to the
people of Idaho. He said there will be an economic benefit to the local
areas because it will bring more recreation to the area. Mr. Meyr said the
bill is a bad idea and there is a demand from sportsman on Fish and
Game for more access.


Mr. Ken Jones, King Hill, spoke in opposition to the bill and gave an
explanation of a donation of land his family made to Fish and Game. He
said his family did not want the land developed and if this legislation was
in place, they would not have been able to make the donation. Mr. Jones
said Fish and Game acquire lands necessary for hunting and fishing
opportunities for our grandchildren.
Mr. Thomas Judge, Idaho State Bowhunters, said the Fish and Game are
paying fees in lieu of taxes. He reminded the committee of the revenue
that hunting and fishing brings to Idaho’s economy. Mr. Judge said Fish
and Game is acquiring land as they need it and the job of the department
is to protect habitat. He said the bill restricts legal and legitimate pursuit
of resource protection and private property rights of citizens.
Mr. Jack Fisher, Idaho Wildlife Federation, spoke in opposition to the bill,
saying that access easements are small pieces of property and
management should be with Fish and Game.
Mr. Stan Boyd, Idaho Woolgrowers Assoc., Idaho Cattle Assoc., spoke in
support of H 252 or the concept that it represents. He said we are not
losing public grounds, we are gaining and that is detrimental to the
livestock industry. Mr. Boyd said Fish and Game do not manage their
land well, they don’t control noxious weeds and this is costing sportsmen
money. He said property taxes are paid but at an agriculture rate. Mr.
Boyd said with the exception of small acres Fish and Game can manage
land through a conservation easement. He said the concept of this
legislation is valid, and it may need an amendment.
Senator Keough said she appreciated the time the committee was taking
and that this is a complicated and controversial issue. She said they are
trying to formulate some policy that determines how much land the Fish
and Game own, manage and are involved with. Senator Keough said
there needs to be a statewide policy that is forthcoming of this discussion.
MOTION: Representative Langhorst made a motion to hold H 252 in committee.
SUBSTITUTE
MOTION:
Representative Eskridge made a substitute motion to send H 252 to the
floor with a “do pass” recommendation.



Representative Eskridge said that it is unfortunate to come to this
position, that they have tried to work with Fish and Game to work out this
policy and have not been able to resolve this situation. He is asking the
committee to recognize the problems.

AMENDED
SUBSTITUTE
MOTION:
Representative Cuddy made an amended substitute motion to send H
252 to General Orders with the attached amendment, that “Section 8 shall
only apply to a county or counties bordering on a foreign country.”



Representative Cuddy said he agreed with the concept of the bill but did
not want to jeopardize the remainder of the state.



Representative Barrett spoke in support of the substitute motion, saying
this is a policy issue and there needs to be a way to get a handle on the
issue. Representative Langhorst spoke in support of the original motion,
saying that sportsmen want Fish and Game to buy more land and the bill
takes away private land owners rights and doesn’t prevent new land
owners or non-profit groups to buy the land. Representative Roberts
spoke in support of the amended substitute motion, saying this will bring
people together to talk about the issue, that the merits of the bill are
strong and solid but it needs to give more flexibility to the Fish and Game
Department. Representative Raybould spoke in support of the amended
substitute motion, saying the bill will not stop the sale of agriculture and
grazing land and if land is sold to other people and conservation groups
we will loose the economic and tourism value of the land. Representative
Sayler spoke in opposition of the amended substitute motion and in favor
of the original motion, saying there is clearly a problem in these specific
counties but it is too broad to put this on a statewide level.
Representative Bedke spoke in support of the amended substitute motion,
saying if the bill was amended, he could support it.



Representative Wood called for the question and a roll call vote was
asked for.

ROLL CALL
VOTE:
By a roll call vote the amended substitute motion carried with
Representatives Stevenson, Wood, Field (23), Barraclough, Barrett,
Eskridge, Raybould, Roberts, Bedke and Cuddy voting AYE and
Representatives Robison, Langhorst and Sayler voting NAY.
Representatives Jones, Bell, Denney, Campbell and Moyle were
absent/excused. H 252 will be sent to General Orders with committee
amendments attached. Representatives Eskridge and Campbell will
sponsor the bill on the floor.
ADJOURN: The meeting adjourned at 4:31 p.m.






DATE: March 3, 2003
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Gold Room
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge,
Raybould, Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

None
Chairman Stevenson called the meeting to order at 2:25 p.m.
MOTION: Representative Bedke made a motion to approve the minutes of
Thursday, February 27, 2003. By a voice vote the motion carried.
H 284 Mr. Norm Semanko, Idaho Water Users Association, reviewed the
background and gave a history on local public interest. He said the
legislative committee defined local public interest as ” the affairs of the
people in the area directly affected.” Mr. Semanko said that key
considerations are water quality, recreational uses of water, out-of-state
uses of water and water uses between hydro-logic basins. Mr. Semanko
said this bill does not delete or eliminate local public interest review, it
does bring it back to the original intent of the legislature. He said the bill
clarifies that the director of the Department of Water Resources will
determine impacts of a proposed water use, which include fish and
wildlife habitat, aquatic life, recreation, aesthetic beauty, navigation,
transportation, water quality, and alternative uses of the water. Mr.
Semanko said the director would not make decisions on secondary
impacts like air quality and traffic, it is not the job of the Department of
Water Resources to regulate these other aspects. He said this bill does
not take away anyone’s right to protest a transfer or have a hearing. Mr.
Semanko said the bill addresses concerns regarding the affects of taking
surface water from one basin to another and a new criteria would be
added for permits, transfers, exchanges and water bank rental application
processing. He said the bill also takes into consideration local public
interest criteria on in-stream impacts for fish, wildlife and recreation, but
does not create a minimum stream flow for such purposes. Mr. Semanko
said the bill represents a compromise position on a viable water right law
in Idaho, which is part of Idaho’s rich water law and tradition. He asked
the committee to send H 284 to the floor with a “do pass”
recommendation.
Mr. Bill Chisholm, Advisory Committee; Water Resources Board, spoke in
opposition to H 284, and reviewed the fundamentals regarding the bill.
He said water is not a commodity and all life is a water user in Idaho. Mr.
Chisholm said there are broad impacts of all these issues and water is a
public asset that belongs to the people of Idaho. He said this is a special
interest bill and makes water a commodity. He said that secondary
impacts may be more harmful than primary impacts and that secondary
impacts are important and can effect communities. Mr. Chisholm asked,
what else will there be that we are not prepared for. He said the problem
is with the Water Resources Department’s protest process and that the
water law is fine and doesn’t need to be fixed. Mr. Chisholm said a good
process has been proposed in SCR 104 with good solutions to the
problems and urged a no vote on this bill.
Ms. Kristy Reed Johnson, Post Falls, said she has been involved with the
water issue and been on both sides of local public interest being an asset.
She said there is nothing wrong with the water law and water is not a
commodity. Ms. Johnson said the Department of Water Resources has
done a good job and it is in Idaho’s best interest to not pass this bill.
Ms. Betty Maag, rose to concur with Mr. Chisholm’s testimony.
Mr. Rick Stott, treasurer; ICA, said the focus of this bill is with the
Department of Water Resources referring the review of other issues to
other agencies who have the expertise in those areas. He said the bill
does not restrict what the public interest is and the department is good at
measuring the impact of water, but it is not appropriate for Water
Resources to review these other issues. Mr. Stott said this is a prudent
bill and will be effective in protecting Water Resources.
Ms. Claudia Haynes, rose to concur with Ms. Johnson’s testimony.



Mr. Neal Maag, rose to concur with Mr. Chisholm’s testimony.

Mr. Robert Rogero, representing himself, said this bill is not in the best
interest of the people of Idaho and the scope should not be narrowed in
water right transfers. He asked for the rejection of the bill and to
strengthen the requirements of the department in the rules and
regulations. Mr. Rogero said the special interest of a few is not in the
best interest of Idaho.
Ms. Lauren McLean, Idaho Conservation League, gave a review of the
number of transfer applications and the number of protests, saying the
protests are primarily on the local public interest issue. She said limiting
access to the decision making process by the department will limit
citizens protection of property and community. Ms. McLean said there
needs to be a more efficient and speedy protest process. She opposed
the bill.
Ms. Helen McCracken, private citizen, said the director of Water
Resources makes the determination on applications for transfers and this
bill is not in conformance for Idaho’s State Water Plan. She said only the
public can define public interest.
Mr. Del Kohlz, Idaho Water Co., said they are just now getting some water
transfers done that were started two years ago. He said local public
interest is not local, anyone can protest a water transfer from anywhere,
but must be directly effected. Mr. Kohlz said there are no limits on the
kinds of issues that can be brought up.
Ms. Phuong Smith, Filer, agreed with the testifier’s who oppose the bill,
saying the bill is against citizens and the tenancy of the bill is limiting
citizens rights and democracy. She said democracy is important and so is
water. She said public interest is a legal right of citizens and she urged a
no vote on the bill to protect public interest.
Ms. Betty Slifer, Filer, said citizen input is essential to democratic
government. She spoke in strong opposition to H 284, saying water is a
finite resource and its uses effect everyone. She said local public interest
should not be reigned in, but expanded. She urged the committee to
table this bill and look at SCR 103.
Ms. Toni Hardesty, Boise, expressed concern with the bill, saying it limits
or restricts citizens and communities in protesting transfers. She said it
would take away rights of citizens and sends a message that the
legislature doesn’t care. She urged a no vote on H 284.
Mr. Toy Smith, Twin Falls; Northwest Dairy Assoc., spoke in support of
the bill, saying he would like to see it move forward. He said that dairies
comply with all the regulations at the county level and then get delayed by
the director of Water Resources. He said he would like to see the
process put back at the county level.
Mr. Jim Dekleinhans, Buhl, spoke in opposition to the bill, saying if this
were put in referendum form, it would be strongly defeated.
Ms. Stacy Butler, rancher in Bliss, spoke in opposition to H 284, saying
they have been involved with protests for water right transfers and that
public interest is very important. She said the Legislature can’t redefine
local public interest without rewriting the water law. She also said the
Statute works and don’t try to change it.
Ms. Kristi Webb, Idaho Rural Council, spoke in opposition to the bill,
saying it will prevent the department’s consideration of legitimate
concerns of local citizens. She said adverse effects and negative
impacts should be considered as they are now. She urged a no vote on
the bill.
Mr. Dick Rush, IACI, urged support of H 284, saying Water Resources
makes good decisions in a reasonable time frame, but water issues
should be jurisdictional.
Ms. Beverly Soggs, King Hill, spoke in opposition, saying the bill narrows
the local public interest definition and doesn’t consider the other factors.
She asked if Water Resources denies an application, what happens to the
water right. She urged the committee to leave the public interest law as it
is.
Mr. Knight C. Duerig, King Hill, said this bill is not in the best interest of
the State of Idaho and that it is being misrepresented that all protests are
because of public interest. He said the effects of the proposed bill may
have bad results. He suggested the need of a single land use board were
all applications can be reviewed.
Mr. Roger Singer, Sierra Club, said he feels the bill is an attempt to reign
in the public and the local chapter of the Sierra Club is running radio adds
opposing the bill. He said that quality of life is being referred to as a
secondary interest and public interest is a tool for citizens. He urged the
committee to oppose the bill.
Mr. Lynn Tominaga, Idaho Ground Water Appropriators, Idaho Farm
Bureau Federation, reviewed two issues that had not been addressed.
He said the Water Resources Department does not have the personnel or
the money to take on the issues being raised in the protests and there is
liability to the department and state when the protest goes beyond the
realm of the department.
Mr. Bill Sedivy, Idaho Rivers United, said they support clean rivers and
healthy fish and they urge a no vote on this legislation. He said the
changes in the law are not necessary and the law has worked in Idaho for
many years. Mr. Sedivy said local citizens need the law in the current
form to protect their quality of life, their way of life and their property
values.
Mr. Ed Smith, Filer, spoke in opposition to the bill, saying that local input
on impacts for water transfers is required when making a decision and
citizen involvement must be allowed to deter conflict in the communities.
He said the public needs to be involved in water transfers.
Mr. N. C. Prudick, representing himself, spoke in opposition to the bill,
saying they are facing an important restructuring of agriculture and they
now have to convert their resources.
Ms. Adrian Boer, dairy farmer, Jerome, spoke in support of the bill, saying
local public interest is an interpretation of the law and we have agencies
in place to deal with these issues.
Ms. Penny Steadham, Citizens for Responsible Land Use, spoke in
opposition to the bill, saying the law works and don’t take citizens rights
and involvement away, leave it the way it is.
Mr. Lee Halper, Jerome, said he has been involved for over 10 years with
about 40 water right transfer protests. He said this is a flawed bill and the
problem is with the Department of Water Resources.
Ms. Bobi DeKleinhans, representing herself, concurred with those asking
for a no vote on this bill.
Mr. Bob Stoltz, Twin Falls, said he is pro agriculture and this legislation is
wrong. He said there are better ways to solve the problems.
Mr. Len Miracle, Twin Falls, spoke in opposition to the bill, saying he sees
no down side to continued or expanded public involvement.
Ms. Della Johnson, Nampa, said Water Resources is over worked and
underfunded and the department doesn’t have the resources. She
reviewed a protest she was involved in and said the application should
have been denied by the department without the protestant’s.
Mr. Bob Naerebar, rose to concur with those who spoke in support of the
bill.
Mr. Brent Olnstead, Milk Producers of Idaho, spoke in support of the
legislation, saying the bill does nothing to curtail the right to protest and it
is a simple, straight-forward bill. He urged the committee to pass it.
Ms. Kathy Alder, rose to support the legislation.



Ms. Pat Hansing, rose in opposition to the bill.

Mr. Ken McClure, lobbyist, said this legislation is about how government
should function, not about dairies. He said the bill addresses concerns of
different issues being handled by those specific departments. He also
added that duplication adds expense and is not needed.
Mr. Jeff Martin, Jerome, said local public interest is being abused and he
urged support of the legislation.
Ms. Pamela Swenson, rose to concur with the testimonies of Mr.
Chisholm and Stacy Butler.
Ms. Joyce Chase, Nampa farmer, explained a protest against her water
right transfer when they tried to sell their land to someone who would
build a dairy. She also explained the cost to fight the protest.
Mr. Mike Quesnell, dairy farmer in Twin Falls, spoke in support of the bill,
saying that in trying to expand his dairy, the water transfer was protested
in part for public interest review. He acknowledged that government
needs to consider public interest and that other state agencies have an
interest in opposing water transfers. He said there is very little that is
more valuable than water and H 284 will protect these rights.
Ms. Katie Simmons, Buhl, spoke against the change in the bill, saying
anything in government should be done in the public’s interest and if there
are more laws and rules, who will enforce them. She said protect the best
interest of the public, support freedom of speech and the right to protest
and leave the law as it is.
Mr. Norm Semanko addressed the concerns to the legislation, saying that
most references were to public interest and not local public interest and
that public interest is also defined in Code. He addressed the concern
that this bill will take away the ability to protest a water transfer and have
a hearing, saying that this legislation will not take away that right. Mr.
Semanko said that he did not think secondary impacts were not important
but that other agencies should be dealing with these impacts if they don’t
involve Water Resources. He said this bill will clarify those jurisdictional
lines, for the Department of Water Resources, when other issues are
involved with a water right transfer. Mr. Semanko said this bill is a serious
and defined effort to improve the law and will improve the process over all
and local public interest. Mr. Semanko responded to questions from the
committee regarding the amount of water available in a transfer, and the
definition being “directly effected with the water source”. Mr. Semanko
also responded to questions regarding existing language regarding what
the water is used for and the department using their internal rule making
process to make these changes.
MOTION: Representative Raybould made a motion to send H 284 to the floor with a
“do pass” recommendation.



Representative Raybould said that most of the testimony seemed to be
regarding odor control of dairies and not on the right of local public
interest through water transfers. He said air quality is not under the
jurisdiction of Water Resources and water rights don’t have anything to do
with odor control. He said this doesn’t limit citizen participation and the
bill gives citizens absolute right to protest. Representative Raybould said
it is in the interest of the state and Water Resources to confine protests
dealing with water to Water Resources.

SUBSTITUTE
MOTION:
Representative Robison made a substitute motion to hold H 284 in
committee.



Representative Robison said the language in the bill deals with the area
directly effected by the proposed water use and that most of the testifier’s
were against the bill. He said people are saying the quality of life is being
effected and people are trying to defend their living quality.

Representative Roberts spoke in support of the original motion, saying it
sounds like the debates are on dairy odor issues. He said he is a
supporter of local control and the forum belongs on the local level and the
department is based on water use and not other issues, this bill
encourages public participation in the process. Representative Langhorst
spoke in support of the substitute motion, saying he believes this is about
more than dairies. He said the proposed change is too broad and it is a
policy shift and a serious change in the law. Representative Jones said
he would not support the motion to hold the bill, but would vote no on the
original motion. He said the bill effects what the department bases their
decisions on and he didn’t think Water Resources will do anything
different than what they are doing now.
ROLL CALL
VOTE:
By a roll call vote, the substitute motion Failed, with Representatives
Robison, Langhorst and Sayler voting AYE, and Representatives
Stevenson, Wood, Field (23), Jones, Bell, Barraclough, Denney, Barrett,
Moyle, Eskridge, Raybould, Roberts, Bedke and Cuddy voting NAY.
Representative Campbell was absent/excused.



By a roll call vote, the original motion Carried, with Representatives
Stevenson, Wood, Field (23), Bell, Barraclough, Denney, Barrett, Moyle,
Eskridge, Raybould, Roberts, Bedke and Cuddy voting AYE and
Representatives Jones, Robison, Langhorst and Sayler voting NAY.
Representative Campbell was absent/excused.



H 284 will be sent to the floor with a “do pass” recommendation.
Representative Stevenson will sponsor the bill on the floor.

ADJOURN: The meeting adjourned at 5:11 p.m.






DATE: March 5, 2003
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Barraclough, Denney, Barrett, Moyle, Eskridge, Raybould,
Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Representatives Bell and Campbell
Chairman Stevenson called the meeting to order at 1:50 p.m.
S 1056 Mr. George Bacon, Department of Lands, said the Scaling Practices
Board is a Governor appointed board of five people representing the
forest industry. He said Idaho Code requires the board to meet four times
a year and they have determined that they don’t need to meet that often.
Mr. Bacon said this bill will change the number of meetings from four to
two, but it doesn’t preclude them from meeting more often if it is
necessary.
MOTION: Representative Cuddy made a motion to send S 1056 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Sayler will sponsor the bill.
H 294 Mr. Greg Schildwachter, Office of Species Conservation, said they had
come before the committee before for a review of the wolf situation. He
said now, the Governor has written a letter to the Bush Administration, to
begin the immediate and orderly transition of wolf management from the
Federal government to State government. Mr. Schildwachter said that the
Office of Species Conservation coordinates all ESA issues and currently
in Code, the Fish and Game Department does not act on wolf
management. He said H 294 allow Fish and Game to be involved in wolf
management and it reflects the broad opinions in the state on this issue.
Mr. Schildwachter responded to questions from the committee.
Mr. Fred Riggers, farmer in Nez Perce, said we should be looking at the
state budget to see what the cost will be for keeping wolves here. He
said he is afraid there are too many wolves and he doesn’t approve of
wolves being around.
Ms. Lauren McLean, Idaho Conservation League, said they support the
changes this bill will make in the Idaho Code. She said it is important the
state work for the management of wolves and she hopes the state will
have a clear role for the tribe’s involvement.





Mr. Grant Simands, Idaho Outfitters and Guides Association, said it is
important the state manage wolves and it makes sense to have a chain of
command for management. He said there is a huge business impact on
outfitters and guides, due to the wolf situation. He urged support for a “do
pass” recommendation on the bill.
Mr. Mike Webster, ICA, spoke in appreciation for the time and effort put
into this legislation for the greater good of Idaho. He said they didn’t want
wolves in Idaho, but now they are here and they are a threat to our
security. Mr. Webster said delisting of wolves must occur then the state
can assume management. He said ICA and himself support this bill and it
is in the right hands with Fish and Game, the Office of Species
Conservation, with oversight by the Legislature.
Dr. Dennis Harper, Orofino Chamber of Commerce, said there is a
dramatic impact of wolves on the elk population in his area. He said it is
predicted that wolves will eat 20% of the elk in the State of Idaho and that
doesn’t include the impacts on deer and other animals. Dr. Harper said
this is not a pleasant issue but it is a grave and devastating issue.
MOTION: Representative Langhorst made a motion to send H 294 to the floor with a
“do pass” recommendation.
ROLL CALL
VOTE:
By a roll call vote the motion Carried, with Representatives Stevenson,
Field (23), Jones, Barraclough, Denney, Moyle, Eskridge, Raybould,
Roberts, Bedke, Robison, Cuddy, Langhorst, and Sayler voting AYE and
Representatives Wood and Barrett voting NAY. Representatives Bell and
Campbell were absent/excused. Representatives Stevenson and
Langhorst will sponsor the bill.
ADJOURN: The meeting adjourned at 2:26 p.m.






DATE: March 11, 2003
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge,
Raybould, Roberts, Bedke, Robison, Cuddy, Langhorst
ABSENT/

EXCUSED:

Representative Sayler
A quorum being present, Chairman Stevenson called the meeting to order
at 2:35 p.m.



Chairman Stevenson welcomed and introduced Ms. Joan Wallace, who
will be sitting in for Representative Langhorst for the week.

MOTION: Representative Cuddy made a motion to approve the minutes of Monday,
March 3, 2003 and Wednesday, March 5, 2003. By a voice vote the
motion carried.
Ms. Gretchen Hyde, Executive Director, Idaho Rangeland Resource
Commission, reviewed the annual report. She gave a history of the five
member Governor appointed commission. Ms. Hyde also gave a review
of their funding and said their fee is refundable and they have had only a
3% request for refunds for the last year. Ms. Hyde explained their budget
and said the majority of funds go to public relations/mass media. She
also reviewed their programs and the programs they are developing.
S 1099 Mr. Karl Dreher, Director, Department of Water Resources, said this bill is
an effort to tighten an aspect of the law that is used more and more during
drought. He said the purpose of the bill is to add an explicit statement
that it is unlawful to divert water for storage, this bill also grants authority
to issue a cease and desist order and adds a mechanism for calculating
penalties. Mr. Dreher answered questions from the committee.
Mr. Norm Semanko, Idaho Water Users Association, said they have had
several discussions with the department regarding this bill. He said they
support this bill and support the enforcing of the law.
MOTION: Representative Roberts made a motion to send S 1099 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Roberts will sponsor the bill on the floor.
S 1100 Mr. Norm Semanko said this bill is brought by the Idaho Water Users
Association and it codifies existing law in regards to conservation and
forfeiture. He said it adds a new section which defines water
conservation and voluntary conservation. He said it also adds a new
subsection which recognizes water users or water user groups who
conserve water and then later need to use the higher water use, that they
will not be given a dis-incentive for using the extra increment of water.
Mr. Semanko responded to questions regarding conservation and
minimum stream flows.
Mr. Lynn Tominaga, Idaho Farm Bureau Federation, spoke in favor of this
bill, and reviewed some concerns regarding transfer or sale of the water
right not being covered in the bill, and that conserved water being used
for recharge may be an issue to look at in future years.
MOTION: Representative Raybould made a motion to send S 1100 to the floor with
a “do pass” recommendation. By a voice vote the motion carried.
Representative Raybould will sponsor the bill.
S 1101 Mr. Norm Semanko, said they have been working in cooperation with the
department’s authority to use digital boundary in adjudication. He said
this bill deals with issues raised regarding, the ability to bring other kinds
of evidence to the adjudication and the irrigation district’s obligation,
under existing law, to file a decree with the county recorder, not to be in
conflict with the digital boundary. Mr. Semanko said these are
housekeeping measures in regards to digital boundaries and they are
working on other issues with the department. He said they have not had
any conflicts in the Snake River Adjudication but this bill may help with the
process.
MOTION: Representative Barraclough made a motion to send S 1101 to the floor
with a “do pass” recommendation. By a voice vote the motion carried.
Representatives Barraclough and Cuddy will sponsor the bill.
ADJOURN: The meeting adjourned at 3:20 p.m.






DATE: March 13, 2003
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Denney, Barrett, Eskridge, Raybould, Roberts,
Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Representatives Campbell and Moyle
A quorum being present, Chairman Stevenson called the meeting to order
at 3:27 p.m.
MOTION: Representative Robison made a motion to approve the minutes from
Tuesday, March 11, 2003. By a voice vote the motion carried.
S 1059 Mr. Virgil Moore, Department of Fish and Game, said this bill adds a
section to the Fish and Game Code which gives the authority to the
Commission to enter into negotiations with tribes for reciprocal fishing and
hunting licenses on tribal lands in Idaho. Mr. Moore gave a history and
responded to questions from the committee.
MOTION: Representative Robison made a motion to send S 1059 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Robison will sponsor the bill on the floor.
ADJOURN: There being no other business to come before the committee, the
committee adjourned upon the call of the Chair. The meeting adjourned
at 3:43 p.m.






DATE: March 25, 2003
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge,
Raybould, Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

None.
Chairman Stevenson called the meeting to order at 3:22 p.m.
MOTION: Representative Bedke made a motion to approve the minutes of
Thursday, March 13, 2003. By a voice vote the motion carried.
Ms. Judy Danielson, Chairman, Northwest Power Planning Council, gave
a review of the council and fish and wildlife. She explained what the
Columbia River Basin covers. Ms. Danielson said they have developed a
fish and wildlife program in the Columbia River Basin. She gave a review
of the dams in the Columbia River Basin and the irrigation in Idaho. She
said they implement programs through and work with the Governor’s
Office of Species Conservation on many issues. Ms. Danielson gave a
summary of what the Power Act actually does and reviewed the financial
crisis of the BPA, saying the drought and prices have contributed to this
crisis. She said they will stay on task and meet the minimums in the fish
and wildlife programs.
Mr. Jim Kempton, Northwest Power Planning Council, said the council is
here to work for the Legislature as much as the Governor’s Office. He
said the council members are always in support of water rights. Mr.
Kempton said there is a new future ahead of us in power, including the
generation and marketing of power. He explained the two sides of the
council, being four members on the fish and wildlife side and four
members on the power side, and the Chairman. Mr. Kempton mentioned
the serious nature of the crisis in the Bonniville Power Company. Mr.
Kempton responded to questions from the committee.
H 252 Representative Eskridge reviewed the proposed amendment to the bill.
He said if a county has 25% or less land in private ownership, then Fish
and Game needs to get permission from the County Commissioners to
purchase land in that county.
MOTION: Representative Eskridge made a motion to send H 252 to General Orders
with committee amendments attached. Representative Barrett seconded
the motion.


Mr. Roger Furhman, Department of Fish and Game, responded to
questions from the committee and named 10 counties that currently have
25% or less land in private ownership. He also explained what
percentages of land in Idaho were federally owned, state owned and Fish
and Game Department owned.
SUBSTITUTE
MOTION:
Representative Langhorst made a substitute motion to hold H 252 in
committee.
Representative Campbell called for the question, by a 2/3 majority vote
the question was called for.
ROLL CALL
VOTE:
By a roll call vote the substitute motion Failed, with Representatives
Jones, Barraclough, Raybould, Robison, Langhorst and Sayler voting
AYE and Representatives Stevenson, Wood, Field (23), Bell, Denney,
Campbell, Barrett, Moyle, Eskridge, Roberts, Bedke and Cuddy voting
NAY.
ROLL CALL
VOTE:
By a roll call vote the original motion Carried, with Representatives
Stevenson, Wood, Field (23), Jones, Bell, Barraclough, Denney,
Campbell, Barrett, Moyle, Eskridge, Raybould, Roberts, Bedke and Cuddy
voting AYE and Representatives Robison, Langhorst and Sayler.



The bill will be sent to General Orders, Representatives Eskridge and
Campbell will sponsor the bill on the floor.

H 381 Representative Roberts said this is a simple bill, and the fundamentals of
the bill come from the Bill of Rights and the U.S. and Idaho Constitutions.
He said the bill clarifies the rights of citizens to protect property against
wolves, mountain lions and black bears.
Mr. Jim Caswell, Office of Species Conservation, gave an update on the
progress of the federal listing rule amendment. He said they are moving
forward in the process of gaining state control of wolves. Mr. Caswell said
that H 381 is the right thing to do, but the timing may interfere with the
federal rule change. He suggested some language changes that would fit
the time frame of the federal rule amendment. Mr. Caswell responded to
questions from the committee regarding the definition of “other property”,
and the change in policy for bears and mountain lions.
MOTION: Representative Cuddy made a motion to hold H 381 for time certain,
Thursday, March 27, 2003.
SUBSTITUTE
MOTION:
Representative Roberts made a substitute motion to send H 381 to
General Orders, with the amendments suggested by Mr. Caswell.
AMENDED
SUBSTITUTE
MOTION:
Representative Langhorst made an amended substitute motion to send H
381 to General Orders with the amendments as follows: striking all new
language with the exception of the last sentence.
Mr. Thomas Judge, Idaho State Bowhunters, said he had some concerns
with wolves being mentioned in the statute and that the legislation is
ahead of the process. He said the bill has open ended language and will
not allow Fish and Game to manage wolves as predatory game. Mr.
Judge suggested reporting all predator kills classified as big game or
under the ESA to the Fish and Game, and that the language “other
property” could allow for abuse. He requested the committee hold the bill.
Mr. Jim Unsworth, Department of Fish and Game, expressed concern
with the broadening of the language for bears and mountain lions. He
said the language will compromise the position in lion and bear
management.
By a voice vote, the amended substitute motion Failed.
ROLL CALL
VOTE:
By a roll call vote, the substitute motion Carried, with Representatives
Stevenson, Bell, Denney, Barrett, Eskridge, Raybould, Roberts and
Bedke, voting AYE and Representatives Field (23), Jones, Barraclough,
Robison, Cuddy, Langhorst and Sayler voting NAY. Representatives
Wood, Campbell and Moyle were absent/excused.



The bill will go to General Orders with committee amendments attached,
Representative Roberts will sponsor the bill on the floor.

ADJOURN: The meeting adjourned at 5:23 p.m.






DATE: April 1, 2003
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Campbell, Barrett, Eskridge, Raybould, Roberts,
Bedke, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Representatives Denney, Moyle and Robison
Chairman Stevenson called the meeting to order at 2:30 p.m.
MOTION: Representative Field(23) made a motion to approve the minutes of
Tuesday, March 25, 2003. By a voice vote the motion carried.
Chairman Stevenson expressed appreciation to the committee and
secretary for their hard work this session. He said the committee would
not sine die today because there was still a possibility of legislation at a
later date.
ADJOURN: The committee adjourned upon the call of the chair. The meeting
adjourned at 2:36 p.m.









DATE: April 23, 2003
TIME: 3:00 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives, Jones,
Barraclough, Denney, Barrett, Moyle, Eskridge, Raybould, Roberts,
Robison, Cuddy, Langhorst
ABSENT/

EXCUSED:

Bell, Campbell, Bedke, Field(23), Sayler
The Chairman called the meeting to order at 3:05 p.m. with a quorum
present.
MOTION: Rep. CUDDY moved that the House Resources and Conservation
Committee resolve into an executive session pursuant to House Rule 57
and Idaho Code Section 67-2345(f) for the purpose of considering and
advising legal counsel on pending litigation relating to federal reserved
water right claims filed in the Snake River Basin Adjudication. The motion
passed on a unanimous vote.
Ms. Betsy Russell, a reporter for The Spokesman-Review, wished to
express her objection to the closed meeting. A copy of her statement is
attached.
Mr. Clive Strong, representing the Attorney General’s office, spoke at
length to the Committee regarding the Snake River Adjudication process
and the Court-ordered requirements of confidentiality.
MOTION: Rep. JONES moved that the House Resources and Conservation
Committee dissolve the executive session pursuant to House Rule 57 and
Idaho Code Section 67-02345(f) and that the minutes should reflect that
no actions were taken. Motion carried by voice vote.
The meeting adjourned at 4:35 p.m.