House Resources & Conservation Committee

 

2003 Minutes

 

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.