House Resources & Conservation Committee

 

2004 Minutes

 

January 13, 2004
January 15, 2004
January 19, 2004
January 19, 2004 - Subcommittee
January 19, 2004 - Subcommittee
January 21, 2004
January 21, 2004 - Subcommittee
January 23, 2004 - Subcommittee
January 27, 2004
January 29, 2004

February 3, 2004
February 3, 2004 - Subcommittee
February 5, 2004
February 9, 2004
February 11, 2004
February 13, 2004
February 17, 2004
February 19, 2004
February 23, 2004
February 25, 2004

March 1, 2004
March 3, 2004
March 9, 2004
March 17, 2004
March 19, 2004

DATE: January 13, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23), Jones, Barraclough, Campbell, Moyle, Eskridge, Raybould, Roberts, Bedke, Robison, Cuddy, Langhorst
ABSENT/

EXCUSED:

Representatives Bell, Denney, Barrett and Sayler
A quorum being present, Chairman Stevenson called the meeting to order at 1:34 p.m. He welcomed the Committee and introduced the secretary, Susan Werlinger and the page, Logan Pedrow.

Chairman Stevenson announced the Subcommittees for rules review, they are:

Fish and Game Subcommittee
Rep. Wood, Chairman
Rep. Campbell
Rep. Barrett
Rep. Moyle
Rep. Eskridge
Rep. Robison
Rep. Langhorst

Dept. of Water Resources and Outfitters and Guides Subcommittee
Rep. Raybould, Chairman
Rep. Field (23)
Rep. Barraclough
Rep. Bedke
Rep. Cuddy
Rep. Sayler

Dept. of Parks and Recreation and Dept. of Lands Subcommittee
Rep. Roberts, Chairman
Rep. Eskridge
Rep. Bedke
Rep. Langhorst
Rep. Sayler

Chairman Stevenson explained that he had received a copy of a letter from the US Fish and Wildlife Service, saying that they have accepted Idaho's State Wolf Management Plan. Chairman Stevenson said the committee would receive a copy of the letter in their folders at the next meeting.


Representative Eskridge introduced his intern, Sarah Bjerke, who will be working with him for the session.

Rep. Raybould introduced the intern, Hyrum Allen, who will be working with the Idaho Water Users Association this session.

Mr. Steve Barton, Department of Fish and Game, introduced his intern, Erik Heidemann, who will be working with him during the session.

Chairman Stevenson said the committee was looking forward to working with the other agencies and people with interest in resources issues. Chairman Stevenson also said there will be an Executive Session during Thursday's meeting.
ADJOURN: The meeting adjourned at 1:45 p.m.




DATE: January 15, 2004
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, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Representatives Jones, and Robison
Chairman Stevenson called the meeting to order at 1:37 p.m.
MOTION: Representative Field (23) made a motion to approve the minutes of Tuesday, January 13, 2004. By a voice vote the motion carried.
MOTION: Representative Cuddy made a motion 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. Representative Wood seconded the motion. By a roll call vote, the motion carried, with Representatives Stevenson, Wood, Field(23), Bell, Barraclough, Campbell, Moyle, Eskridge, Raybould, Roberts, Bedke, and Cuddy voting AYE and Representatives Langhorst and Sayler voting NAY. Representatives Jones, Denney, Barrett and Robison were absent/excused.
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, Attorney General's Office, spoke at length to the Committee regarding the Snake River Adjudication process and the Court-ordered requirements of confidentiality.
MOTION: Representative Roberts made a motion that the House Resources and Conservation Committee dissolve the executive session pursuant to the House Rule 57 and Idaho Code Section 67-2345(f) and that the minutes should reflect that no actions were taken. Representative Langhorst seconded the motion. By a voice vote the motion carried.
ADJOURN: The meeting adjourned at 3:12 p.m.




DATE: January 19, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Barraclough, Denney, Campbell, Barrett, Moyle, Raybould, Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Representatives Field (23), Jones, Bell and Eskridge
Chairman Stevenson called the meeting to order at 1:34 p.m.
MOTION: Representative Wood made a motion to approve the minutes of Thursday, January 15, 2004. By a voice vote the motion carried.
RS 13536 Mr. Steve Barton, Department of Fish and Game, said this RS would address an issue relating to the controlled hunt application and permit fees. He said the bill will differentiate the fees between the application for a controlled hunt and the permit for a controlled hunt, so that hunters do not feel they are paying the same fee twice. Mr. Barton answered questions regarding the fiscal impact and said the revenue would be neutral.
MOTION: Representative Wood made a motion to introduce RS 13536. By a voice vote the motion carried.
PRESENTATION Mr. Rick Collignon, Director, Department of Parks and Recreation, reviewed the agency orientation package, saying it was created as part of the staff development program. He said that due to a shortfall, the department has made a 30% reduction in their budget. Mr. Collignon said they have tightened expenses and determined what programs were of value to keep, they have asked for public input on park fees and have shared the fee package with users. He said even with the shortfall the department should be able to keep parks operating on a level the state should be proud of. Mr. Collignon expressed department concern with preventative maintenance, deterioration of park roads, age limits of department vehicles and record growth in the past two years. He said there is good coordination with other agencies regarding ATV management. He also said they have had a higher staff turnover rate due to retirements and employees moving to other agencies. Mr. Collignon explained some of the work they are doing with other agencies. Mr. Collignon answered questions from the committee.
ADJOURN: The meeting adjourned at 2:24 p.m.




DATE: January 19, 2004
TIME: Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Roberts, Representatives Eskridge, Bedke, Sayler
ABSENT/

EXCUSED:

Representative Langhorst

Chairman Roberts called the meeting to order at 2:38 p.m. with a quorum present.

The Chairman noted that the Committee will not vote regarding these rules at this time, but will discuss them at a further meeting at the call of the Chair.

26.01.20 Dept. of Parks and Recreation rules

Rules Governing the Administration of Park and Recreation Areas and Facilities

Mr. Rick Collignon, representing the Parks and Recreation Department, spoke to the Sub-Committee about these rules.

He noted that the first rule to be studied concerns the definition of a "camper unit", and was changed in response to concerns expressed in previous legislative sessions. A camper unit is now defined as 8 persons and 2 tents. He said that it allows the campground managers more latitude in handling the space in the area.

The next rule deals with the annual Motorized Vehicle Entry Fee. The Department is encouraging campers to pay an annual fee in lieu of daily fees. This allows the motorist to pay a once-a-year fee of $25 for a single vehicle instead of paying a daily fee each time he enters a campground. The benefits of this annual fee are that it helps offset expenses in keeping the parks open, and it helps in compliance issues. There is still a campsite reservation fee assessed, in addition to the annual Motorized Vehicle Entry Fee. He noted that the Board is authorized to institute fees up to a maximum amount which has been set. He said that, in this case, the Board elected to impose a fee which is less than the maximum allowed. He said that the Board is also suggesting that vehicles using a launch site for boats purchase a daily tag instead of a launch fee tag.

The next rules deal with occupancy and was written to reflect the new definition of camper unit. In answer to a question from the Committee, he noted that any number of vehicles may be parked at the campsite, so long as they all fit on the parking pad provided.

The next rules reflect the fact that daily entrance fees are not assessed on vehicles which have paid an annual Vehicle Entry Fee.

A collection surcharge is assessed in cases where the campground manager determines that an appropriate fee has not been paid. Mr. Collignon noted that a surcharge is a softer approach to achieving compliance.

Fee increases for commercial motor coach groups is proposed. This primarily deals with tour buses entering an area. The Board is encouraging these groups to purchase the annual Motorized Vehicle Entry Fee. He noted that collection of fees is based primarily on the honor system.

A new fee is proposed which deals with the nordic ski areas. Current maintenance on these areas exceeds income produced by users of that area. The Board proposes that nordic skiers pay a yearly fee which allows them to use the areas year around. There is also a daily fee proposed. Both of these proposals are based on similar solutions in other parks with popular ski trails. He believes that these fees are supported by skiers, who prefer to pay a higher fee instead of losing access to these trails. The Committee requested that he provide statistics regarding all programs provided by the Department, especially with regard to income versus expenses for each program.

There was considerable discussion from the Committee regarding registration fees imposed on large recreational vehicles. Committee members noted that these vehicles are assessed quite a large amount, compared with other vehicles in the state, and many of them do not use state campground facilities. Mr. Collignon noted that funds generated by these fees have enabled the Department to build or improve many sites throughout the state. There was a suggestion from the Committee that the Department revisit imposition of these fees, especially considering that vehicles towing campers or vessels could very easily reach the same value as the average motor home. Perhaps these vehicles should also be assessed registration fees since they most likely will use park facilities. Mr. Collignon said that he would research the matter and bring his findings before the Committee.

The meeting adjourned at 3:45 p.m.



DATE: January 19, 2004
TIME: Upon Adjournment of House Resources and Conservation
PLACE: Room 412
MEMBERS: Chairman Wood, Representatives, Barrett, Moyle, Eskridge, Robison, Langhorst
ABSENT/

EXCUSED:

Representative Campbell
GUESTS: Dallas Burkhalter, Steve Barton, Brad Compton, Steve Huffaker, Department of Fish and Game, Stan Boyd, Idaho Woolgrowers Association
Chairman Wood called the meeting to order at 2:39 p.m.
Mr. Dallas Burkhalter answered questions regarding the rule that requires a parent to attend the live firing portion of the hunter education course. He said for the students under twelve, an adult should attend because of the young age.

Mr. Burkhalter and Mr. Steve Barton explained the annual adjustment of nonresident deer and elk tags for the area in southeast Idaho.

Mr. Barton explained the justification in removing the lifetime limit on tags for big horn sheep, saying this is usually a small pool of individuals that pay large amounts of money for this auction and lottery tag.

Representative Moyle expressed his concern with exempting the nonresident junior mentored tag from the allocated nonresident quotas. Mr. Barton said the nonresident junior mentored tags are the same price as the resident tags and are treated the same as the resident tag in order to get youth involved in hunting. Representative Langhorst said it may be helpful to have the number of tags overall, resident, nonresident and junior mentored tags that are sold.

Mr. Burkhalter explained the new rule regarding ATV's, saying it only applies to hunters and ATV use is limited as an aid in hunting, to roads you can drive on with a regular vehicle. He said there are exceptions for handicapped permit holders and for retrieving game. Discussion followed regarding this issue.

Director Steve Huffaker explained the rule change regarding commercial fishing and lake trout. Mr. Burkhalter said this change will expand some fishing to allow regular anglers to harvest lake trout and sell them to commercial fishermen. He said there is a limit on how many they can sell until regular anglers would need to get a commercial fishing license.

The subcommittee decided to wait before taking action on the rules until they had more information from the department.

ADJOURN: The meeting adjourned at 3:50 p.m.




DATE: January 21, 2004
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 1:35 p.m.
MOTION: Representative Wood made a motion to approve the minutes of Monday, January 19, 2004. By a voice vote the motion carried.
Mr. Karl Dreher, Director, Department of Water Resources, outlined the challenges of conjunctive administration of the ground and surface water in the Snake River Basin area. He said the drought has exasperated the conflicts that are occurring there. Mr. Dreher said the aquifer system is basically full but the four years of drought has resulted in a ground water decline of about 30 feet, which has caused a spring flow decline. He explained the details of the conflicts in the Snake River Basin area and the court cases that have resulted. Mr. Dreher explained the challenges for the department to have enough resources to administer water and resolve conflicts. He gave details of the funding projections and explained the general fund uses and the federal fund uses. He reviewed their funding proposals. Mr. Dreher answered several questions from Committee members.
Mr. Jake Howard, Executive Director, Idaho Outfitters and Guides Licensing Board, gave a slide presentation and review of the organization and board members. He explained the number of licensed outfitters, designated agents and guides. He also reviewed ideas they have to improve the efficiency of the license process and their increased interaction with other agencies. Mr. Howard explained the increased education in the industry and their improved effectiveness of the enforcement program. Mr. Howard answered questions from the Committee.
RS 13478C1 Mr. Howard reviewed the RS and the evolution of the fee adjustment and explained the improvements the fee adjustment would create.
MOTION: Representative Bedke made a motion to introduce RS 13478C1. Representative Campbell seconded the motion. By a voice vote the motion carried.


Mr. Steve Huffaker, Director, Department of Fish and Game, introduced the Fish and Game Commissioners, Mark Gibbs, Cameron Wheeler, John Burns, John Watts, Alex Irby and Nancy Hadley. The Commissioners answered questions from the Committee.
ADJOURN: The meeting adjourned at 3:17 p.m.




DATE: January 21, 2004
TIME: Upon Adjournment of Resources and Conservation Committee
PLACE: Room 412
MEMBERS: Chairman Raybould, Representatives Field (23), Barraclough, Bedke, Cuddy, Sayler
ABSENT/

EXCUSED:

None.
Chairman Raybould called the meeting to order at 3:20 p.m.
Mr. Karl Dreher, Director; Department of Water Resources explained that the change in Docket No. 37-0203-0301 040 05. He said this is currently a temporary rule that they would like to become permanent. He said it is part of the rules the Water Board has adopted to run the water bank rental pool.
MOTION: Representative Field (23) made a motion to adopt Docket No. 37-0203-0301 040 05. By a voice vote the motion carried.
Mr. Dreher explained the rule in Docket No. 37-0307-0201 as a temporary rule for stream channel alteration. He said they would like it to stay a temporary rule.
MOTION: Representative Cuddy made a motion to adopt Docket No. 37-0307-0201 025 05. By a voice vote the motion carried.
MOTION: Representative Cuddy made a motion to adopt the Pending and Fee rules for the Outfitters and Guides Licensing Board. By a voice vote the motion carried.
ADJOURN: The meeting adjourned at 3:33 p.m.




DATE: January 23, 2004
TIME: 11:00 a.m.
PLACE: Room 412
MEMBERS: Chairman Roberts, Eskridge, Bedke, Langhorst, Sayler
ABSENT/

EXCUSED:

None.
Chairman Roberts called the meeting to order at 11:19 a.m.
MOTION: Representative Eskridge made a motion to approve the minutes of Monday, January 19, 2004. Representative Bedke seconded the motion. By a voice vote the motion carried.
Chairman Roberts said that they had reviewed the Parks and Recreation rules at the last meeting and had received some information that they had questioned at that meeting. Mr. Rick Collignon, Director, Department of Parks and Recreation answered questions from the committee regarding the rules.
MOTION: Representative Bedke made a motion to recommend to the full committee that the rules for the Department of Parks and Recreation Docket No. 26-0102-0301 be accepted.
Committee discussion followed regarding, user acceptance, the number of camping sites that are visited by out-of-state travelers, the fees being comparative to neighboring states, and that sales tax is no longer included in the total fee.

By a voice vote the motion carried.

Mr. Winston Wiggins, Director, Department of Lands, gave the background of the pending rule for the Board of Scaling Practices. He said this rule proposes the elimination of the Chapter 1 rules, which are no longer needed. These rules will then be moved to a new section in the Chapter 2 rules.
MOTION: Representative Langhorst made a motion to recommend to the full committee that the rules for the Department of Lands, Docket No. 20-0601-0301 be accepted. By a voice vote the motion carried.
Mr. Scott Nichols, Bureau Chief, Department of Lands, explained this rule regarding the reclamation bond fund. He gave a brief history and said this rule change will streamline the process and create a fee instead of a bond. Mr. Nichols answered several questions from the committee.


MOTION:


Representative Langhorst made a motion to send the rules for the Department of Lands, Docket No. 20-0303-0301 to the full committee without recommendation. By a voice vote the motion carried.
ADJOURN: The meeting adjourned at 12:10 p.m.




DATE: January 27, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23), Jones, Bell, Denney, Moyle, Eskridge, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Representatives Barraclough, Campbell, Barrett, Raybould, Roberts, Bedke, Robison
Chairman Stevenson called the meeting to order at 1:36 p.m. Chairman Stevenson introduced Mr. Tom Haislip, ICIE President.
Mr. Haislip introduced the first speaker, Mr. Trent Clark, from the Monsanto Corporation who spoke on the History of Risk Assessment and its Use as a Tool of Government Policy.
Mr. Clark reviewed the general history of risk assessment, saying the general definition is a prediction of the likelihood of a certain unwanted event. He said in modern risk assessment there are four steps, hazard identification, dose response assessment, exposure assessment, and risk characterization. Mr. Clark explained the details involved in each step.
Mr. Haislip introduced the second speaker, Ms. Joan Cloonan, from the Northwest Food Processors Association and Board of DEQ, who spoke on Risk Assessment as a Part of Sound Science in the Regulatory Process.
Ms. Cloonan spoke about risk assessment in Idaho and reviewed the mission statement for the EPHA and DEQ, saying it is to "protect human health and the environment". She reviewed questions to ask for risk assessment in the regulatory process and in conclusion said that HB 150 reinforces the Board's approach, that regulations must be supported by good science and that risk assessments are only as good as the science behind them.
Questions from the Committee were answered by Mr. Clark and Ms. Cloonan.
ADJOURN: The meeting adjourned at 2:50 p.m.




DATE: January 29, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23), Jones, Bell, Barraclough, Denney, Barrett, Moyle, Eskridge, Raybould, Roberts, Bedke, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Representatives Campbell and Robison
A quorum being present, Chairman Stevenson called the meeting to order at 1:36 p.m.
MOTION: Representative Cuddy made a motion to approve the minutes of Tuesday, January 27, 2004. By a voice vote the motion carried.
MOTION: Representative Bedke made a motion to approve the minutes of Wednesday, January 21, 2004. By a voice vote the motion carried.
RS 13460 Mr. Karl Dreher, Director, Department of Water Resources, said dam safety inspections take place every two years, this RS will change the period from a two year interval to not more than five years. This would include all dams regulated by the Department.
MOTION: Representative Bedke made a motion to introduce RS 13460. By a voice vote the motion carried.
RS 13461 Mr. Dreher said this RS deals with the dam safety statute, that there will be a new minimum fee of $200.00 for new structures or modification of dams. He said this fee is not intended to pay for the cost of the program and the rest of the fee structure which is based on the volume of water, would be the same. Mr. Dreher answered questions from the Committee.
MOTION: Representative Field (23) made a motion to introduce RS 13461. By a voice vote the motion carried.
Chairman Stevenson said the presentation before the committee involves spring flows from the American Falls area to the Hagerman area. He said there has been involvement with conjunctive management for a long time and this is a presentation for information only.
Mr. Chuck Coiner, Twin Falls Canal Co., introduced Chuck Brockway.

Mr. Chuck Brockway, Brockway Engineering PLLC, reviewed the hydrology of the Easter Snake River Plain Aquifer. He said the aquifer is large; 10,000 square miles and 5,000 feet deep in some places. He said the water flows from the Northeast to the Southwest and the maintenance of the spring flows is very important in the Blackfoot-Neeley Reach and the Thousand Springs Reach. Mr. Brockway explained the irrigated areas of the aquifer, that they are primarily along the borders of the Snake River. He said that irrigation constitutes about 50% of the recharge to the aquifer and that ground water recharge is very important to irrigation. Mr. Brockway explained there has been a continued decline in spring discharge since 1950, and the annual flow of the Snake River from Milner to the Lower Salmon Dam near Hagerman shows the same decline as the springs. Mr. Brockway answered a question regarding the correlation between irrigation's discharge from the aquifer and climate and precipitation, he said annual precipitation is a factor and the decline in water is worsened by the drought, but it is not the entire effect of the decline.

Mr. Chuck Brendecke, Hydrosphere Resource Consultants, said his focus is in the Thousand Springs Reach and the two ground water districts that have been formed. He reviewed the diversion points from spring water users in the Thousand Springs Reach and showed lands irrigated with ground water. He said water rights of spring users and ground water users are mixed and he reviewed the service areas of the canal companies. Mr. Brendecke explained the irrigation season diversions are on a declining trend and reviewed a graph of the annual discharge to the Thousand Springs Reach. He said there is still a declining trend in spring water discharge and this is a complicated problem with many pieces, of which there won't be any one answer.
Mr. Tim Deeg, President, Idaho Ground Water Appropriators, said the surface and ground water users are hoping to come to a long term agreement. He said this is a difficult process for both sides and is not easily accomplished. Mr. Deeg recommended Water Resources receive their full funding request, for the adjudication process to continue and it is important to have a mediator.
Mr. Chuck Coiner, said they have accomplished a lot in water district 120 and each side has a better understanding of the other side's issues. He said it is imperative to have help from the Department and the support from the Legislature to the Director and the Department of Water Resources would be a great help.

Presenters answered questions from the Committee.

ADJOURN: The meeting adjourned at 3:07 p.m.




DATE: February 3, 2004
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:

None.
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 29, 2004. By a voice vote the motion carried.
Chairman Stevenson said Representative Cuddy has requested a letter be drafted from the Committee stating opposition to the use of Idaho water for irrigation development in Washington.
MOTION: Representative Wood made a motion to have a letter drafted from the Committee regarding this issue. By a voice vote the motion carried.
Chairman Stevenson also said it has been requested the Committee draft a letter to JFAC, supporting the budget for the Department of Water Resources.
MOTION: Representative Raybould made a motion for such a letter to be drafted. By a voice vote the motion carried.
Mr. Jim Caswell, Office of Species Conservation, introduced his staff. He reviewed the four points covering the wolf recovery issue, which are litigation, peer review, the 10(j) rule issue, and the Memorandum of Agreement with the Tribe. Mr. Caswell said there is a new rule down-listing wolves from endangered to threatened, which did not effect the wolves in Idaho. He said this created the Western Distinct Population, which involve the wolves in Idaho. Mr. Caswell said after the rule change the environmental community filed a suit, in which they are engaged on behalf of the Federal Government. Mr. Caswell said after participating in the peer review, Idaho's wolf plan was accepted, but there were three basic concerns with the plan, which are, concerns about the funding, concerns the plan didn't have enough specifics on management and there was concern with the tone of the preamble. Mr. Caswell reviewed the status of the 10(j) rule change. Mr. Caswell also reviewed the agreement the state is considering with the Nez Perce Tribe.
Mr. Caswell answered several questions from the Committee regarding depredation on cattle and sheep by other predators, research on the cost to the state for wildlife depredation, concerns with the agreement with the Tribe and where the money will be distributed, confirmations of wolf kills by the Tribe, the development of the 10(j) rule, the concern of expanding the Tribes role in management with the agreement, and the concern with funding management.
ADJOURN: The meeting adjourned at 3:04 p.m.




DATE: February 3, 2004
TIME: Upon Adjournment of Resources and Conservation
PLACE: Room 412
MEMBERS: Chairman Wood, Representatives Campbell, Barrett, Moyle, Eskridge, Langhorst
ABSENT/

EXCUSED:

Representative Robison
GUESTS: Mr. Dallas Burkhalter, Deputy AG; Mr. Steve Barton, Department of Fish and Game
Chairman Wood called the meeting to order at 3:20 p.m.




MOTION:
Docket No. 13-0102-0301

After discussion, Representative Langhorst made a motion to accept the Pending Rule, Docket No. 13-0102-0301. By a voice vote the motion carried.









MOTION:
Docket No. 13-0104-0301

Mr. Dallas Burkhalter, explained the change in this rule.

Representative Campbell made a motion to accept the Pending Rule, Docket No. 13-0104-0301. By a voice vote the motion carried.

Docket No. 13-0108-0301

Mr. Burkhalter addressed the concerns of the committee regarding the ATV rule in this docket. Mr. Steve Barton said the 2004 Fish and Game brochure will specify that all other state and local laws and ordinances have to be followed by hunters using ATVs. He said the focus for this rule is on Forest Service and BLM roads. Chairman Wood expressed concern that this rule goes beyond the scope of the Fish and Game Commission's authority.

MOTION: Representative Campbell made a motion to accept the Pending Rule, Docket No. 13-0108-0301 with the exception of Section 410.05 sub-sections f. and g., which will be rejected. Representative Barrett seconded the motion. By a voice vote the motion carried.
Docket No. 13-0112-0301

Mr. Burkhalter reviewed the changes in this docket and said the intent of this rule is to add lake trout to a list for commercial fishing. Mr. Burkhalter and Mr. Barton addressed concerns from the committee that this rule change will open up netting to commercial fishing.

MOTION: Representative Eskridge made a motion to reject Docket No. 13-0112-0301. By a voice vote the motion carried.
ADJOURN: The meeting adjourned at 4:20 p.m.




DATE: February 5, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23), Jones, Bell, Barraclough, Campbell, Barrett, Eskridge, Raybould, Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Representative Denney and Moyle
Chairman Stevenson called the meeting to order at 1:38 p.m.
MOTION: Representative Wood made a motion to approve the minutes of Tuesday, February 3, 2004. By a voice vote the motion carried.
Chairman Stevenson said if any committee members would like to discuss the MOU, meetings will be set up next week with the Attorney Generals office and with the attorney from OSC, he said the committee will receive more information at a later time.
UNANIMOUS CONSENT REQUEST: Chairman Stevenson asked unanimous consent request to send H 574 to the Ways and Means Committee. Representative Barrett objected to the unanimous consent request. Questions were asked by the committee regarding this bill and why it was being moved.
MOTION: Representative Bell made a motion to send H 574 to the Ways and Means Committee. Representative Jones seconded the motion. Division was called, and by a vote of 8 AYES and 7 NAYS the motion carried.
Subcommittee rules report:
MOTION: Representative Raybould made a motion to accept the subcommittee report for the Department of Water Resources rules and approve the Pending rule, Docket No. 37-0203-0301 and Temporary rules, Docket No. 37-0307-0201 from that department. By a voice vote the motion carried.
MOTION: Representative Raybould made a motion to accept the subcommittee report for the Outfitters and Guides Licensing Board rules and approve their Pending rules, Docket No. 25-0101-0301 and Fee rules, Docket No. 25-0101-0302. By a voice vote the motion carried.
MOTION: Representative Roberts made a motion to accept the subcommittee report for the Department of Parks and Recreation rules and approve their Fee rules, Docket No. 26-0120-0301. By a voice vote the motion carried.
MOTION: Representative Roberts made a motion to accept the subcommittee report for the Department of Lands and approve the Pending rules, Docket No. 20-0301-0301 and Docket No. 20-0602-0301, for that department. By a voice vote the motion carried.
Representative Roberts explained that after reviewing the Fee rules for the Department of Lands, the subcommittee has returned them to the full committee without recommendation. Representative Langhorst and Representative Bedke said they had questions regarding these rules and in discussion with representatives from the department, have had their questions resolved.
MOTION: Representative Roberts made a motion to approve the Fee rules, Docket No. 20-0303-0301, for the Department of Lands. By a voice vote the motion carried.
MOTION: Representative Wood made a motion to accept the subcommittee report for the Department of Fish and Game and approve the Pending rules, Docket No. 13-0102-0301 and Docket No. 13-0104-0301. By a voice vote the motion carried.
Representative Wood explained that in Docket No. 13-0108-0301, the subcommittee recommends rejecting Section 410.05 sub-sections f. and g. She explained this section is regarding ATV use during hunting and that the subcommittee felt the Commission had overstepped their authority, by trying to regulate in these rules that ATV's, which are not licensed vehicles, be restricted to roads that are traveled by vehicles that are required to be licensed. Representative Wood said they have asked the Fish and Game to rewrite this rule.
MOTION: Representative Wood made a motion to accept the subcommittee report and approve the Pending rules for the Department of Fish and Game, Docket No. 13-0108-0301, with the exception of Section 410.05 sub-sections f. and g.
SUBSTITUTE MOTION: Representative Robison made a substitute motion to approve the department's Pending rules, Docket No. 13-0108-0301.
Committee discussion ensued regarding the departments proposed rule restricting ATV use during hunting.
By a voice vote the substitute motion failed. By a voice vote the motion carried, with Representatives Robison and Langhorst being recorded as voting NAY.
MOTION: Representative Wood made a motion to accept the subcommittee report and reject the Pending rules for the Department of Fish and Game, Docket No. 13-0112-0301. By a voice vote the motion carried.
H 521 Mr. Jake Howard, Executive Director; Outfitters and Guides Licensing Board, said this bill will improve outfitter management, they can improve the education program and it addresses the financial situation they are currently under. Mr. Howard reviewed the financial situation. He said the fee proposal has been reviewed by the Board, the industry and the Outfitters and Guides Association and this bill is a compromise. Mr. Howard briefly explained the language in the bill and reviewed the fee increase details.
MOTION: Representative Campbell made a motion to send H 521 to the floor with a "do pass" recommendation.
Mr. Howard answered several questions from the Committee.

Mr. Grant Simonds, Idaho Outfitters and Guides Association, said the association represents 40% of the licensed businesses in the State of Idaho. He said they communicate to all the licensed outfitters in Idaho and there has been open discussion regarding this compromise legislation. Mr. Simonds said the licensing board has involved the members of the industry and this legislation would improve the enforcement program and create a more efficient licensing process. He said Idaho Outfitters and Guides Association supports this compromise legislation.

By a voice vote the motion carried, with Representatives Wood, Barrett and Roberts being recorded as voting NAY. Representatives Campbell and Jones will sponsor the bill.
RS 13902 Mr. Steve Barton, Department of Fish and Game, said this legislation will clarify that depredation hunts would no longer need to be published.
MOTION: Representative Roberts made a motion to introduce RS 13902. By a voice vote the motion carried.
Mr. Steve Huffaker, Director, Department of Fish and Game, said they are withdrawing the request to drain Cascade Lake because the lake can't be drained without effecting irrigation and water for salmon recovery. Mr. Huffaker said the Access Yes program is doing very well. He said the land owners and sportsmen like it and they will try to expand the program. Mr. Huffaker reviewed the sage grouse issue and also said that the Commission will consider new language for a temporary rule regarding ATV's. Mr. Huffaker briefly reviewed other issues before the department including, slickspot pepper grass, elk ranching and the budget.
ADJOURN: The meeting adjourned at 3:32 p.m.




DATE: February 9, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23), Jones, Bell, Barraclough, Denney, Campbell, Barrett, Eskridge, Raybould, Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Representative Moyle
A quorum being present, Chairman Stevenson called the meeting to order at 1:35 p.m.
MOTION: Representative Sayler made a motion to approve the minutes of Thursday, February 5, 2004. By a voice vote the motion carried.
RS 13273C1 Mr. Karl Dreher, Director; Department of Water Resources, said this legislation is a continuation of efforts to consolidate the parts of the statute regarding defenses to forfeitures. He said this is not a new law, it is making clear what defenses can be used to avoid forfeiture.
MOTION: Representative Langhorst made a motion to introduce RS 13273C1 for print. By a voice vote the motion carried.
RS 13887C1 Mr. Norm Semanko, Idaho Water Users Association, said this legislation modifies the statute dealing with irrigation rights-of-way and easements. He said there are three strong provisions regarding modifications, but the law is not as clear with rights-of-way along laterals and ditches.
MOTION: Representative Wood made a motion to introduce RS 13887C1 for print. By a voice vote the motion carried.
RS 13890 Mr. Semanko said this legislation addresses a jurisdiction issue in regards to dams and barriers. He said the department can regulate these if it is decided the dam or barrier is in a high risk area. Mr. Semanko said they don't want to see competing or overlapping jurisdiction areas.
MOTION: Representative Field (23) made a motion to introduce RS 13890 for print. By a voice vote the motion carried.
RS 13893 Mr. Semanko said the issue addressed in this legislation will bring discussion. He gave details of the issue during the transfer process and gave an example of consumptive use in relation to growing crops which may be more or less consumptive. He said this legislation will allow the department to look at a water use depending on the type of use.
MOTION: Representative Raybould made a motion to introduce RS 13893 for print. By a voice vote the motion carried.
RS 13763 Representative Cuddy said this legislation reduces the number of Scaling Board meetings to two a year.
MOTION: Representative Field (23) made a motion to introduce RS 13763 for print. By a voice vote the motion carried.
ADJOURN: The meeting adjourned at 1:56 p.m.




DATE: February 11, 2004
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, Sayler
ABSENT/

EXCUSED:

Representative Langhorst
A quorum being present, Chairman Stevenson called the meeting to order at 1:40 p.m.
MOTION: Representative Campbell made a motion to approve the minutes of Monday, February 9, 2004. By a voice vote the motion carried.
RS 13951

MOTION:

At the sponsors request, Representative Campbell made a motion to return RS 13951 to the sponsor. By a voice vote the motion carried.
H 482 Mr. Steve Barton, Department of Fish and Game, said this bill will address some confusion by hunters relating to controlled hunts. He said the controlled hunt fee and the application for a controlled hunt fee are the same, this bill will differentiate those fees so the hunter doesn't think they are paying the same fee again. Mr. Barton explained the changes in the fees.
MOTION: Representative Wood made a motion to send H 482 to the floor with a "do pass" recommendation.
SUBSTITUTE MOTION: Representative Roberts made a substitute motion to hold H 482 in Committee.
The Committee discussed whether the fee changes should be reversed so the higher fee would be for those who have successfully drawn a controlled hunt permit instead of the higher fee being paid by those only applying for a permit.
AMENDED SUBSTITUTE MOTION: Representative Denney made an amended substitute motion to send H 482 to General Orders, so the fee changes could be reversed.
The Committee discussed whether this would make a difference in revenue for the department and whether this would make any difference in the confusion that is already happening.

By a voice vote the amended substitute motion carried, with Representative Wood being recorded as voting NAY. Representative Denney will sponsor the bill.

H 623 Mr. Steve Barton said this bill clarifies the Director's authority for publication of season closure orders. He said since publication of depredation hunts can occur several weeks after the hunt is over, this bill will change the requirement for publication of those hunts.
MOTION: Representative Moyle made a motion to send H 623 to the floor with a "do pass" recommendation. By a voice vote the motion carried. Representative Moyle will sponsor the bill.
H 515 Mr. Jay Biladeu, Assistant Director, Department of Lands, said this bill amends the code, to provide authority to lease endowment lands for up to 49 years. He said currently they lease land for 10 years, then need Legislative approval to extend a lease. Mr. Biladeu said this change will allow the Board to react better to the market in commercial lease situations. He said the ability to issue long term leases are important to the endowment beneficiaries. Mr. Biladeu answered several questions from the Committee.
MOTION: Representative Roberts made a motion to send H 515 to the floor with a "do pass" recommendation. By a voice vote the motion carried. Representative Roberts will sponsor the bill.
RS 13921 Mr. Winston Wiggins, Director, Department of Lands, said this legislation will exempt the State Board of Land Commissioners from contested case hearings. He gave two examples, and said these hearings are a great expense from the endowment land fund. Mr. Wiggins said this would apply only to endowment land decisions and does not say the Land Board will not hold hearings.
MOTION: Representative Moyle made a motion to introduce RS 13921 for print. By a voice vote the motion carried.
RS 13792C1 Representative Roberts said this legislation will define the membership of the Forest Practices Advisory Committee and change the amount of members from eight to nine.
MOTION: Representative Bedke made a motion to introduce RS 13792C1 for print. By a voice vote the motion carried.
ADJOURN: The meeting adjourned at 2:38 p.m.




DATE: February 13, 2004
TIME: 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 12:10 p.m.
MOTION: Representative Cuddy made a motion to approve the minutes of Wednesday, February 11, 2004. By a voice vote the motion carried.
RS 14072 Mr. Dar Olberding, IGPA, said this legislation will change the percentage of the initial payment for depredation damages, from the depredation account. He urged printing of this bill.
MOTION: Representative Wood made a motion to introduce RS 14072 for print. By a voice vote the motion carried.
RS 14088 Mr. Steve Barton, Department of Fish and Game, said this is a joint memorial supporting the federal program to provide additional federal funding for access by private land owners to sportsmen. He said, among other important issues, this will provide more funds for the Idaho "Access Yes" program.
MOTION: Representative Robison made a motion to introduce RS 14088 for print. By a voice vote the motion carried.
RS 14097 Representative Eskridge said this resolution is a result of concerns with water quality issues in Lake Pend Oreille, brought to him by constituents in his area.
MOTION: Representative Sayler made a motion to introduce RS 14097 for print.
Representative Eskridge answered questions from the Committee regarding the impact of this legislation on the Rock Creek drainage, the change in the ownership of the mine involved, the damage to the lake, and the concern in having a hearing on this legislation so the people in this area can voice their concerns on this issue.
Mr. Jack Lyman, Idaho Mining Association, answered questions from the Committee regarding Idaho's water quality standards and how this is monitored when the water comes from another state.
SUBSTITUTE MOTION: Representative Barrett made a substitute motion to return RS 14097 to the sponsor.
Committee discussion ensued regarding, whether this will offend Montana and the implication that DEQ is not monitoring the situation, concerns were also raised regarding the inability for the people in North Idaho to have a hearing on this issue if the legislation is not printed.
By a roll call vote, the substitute motion carried with Representatives Stevenson, Wood, Barraclough, Denney, Campbell, Barrett, Moyle, Raybould, Roberts, and Bedke voting AYE and Representatives Jones, Eskridge, Robison, Cuddy, Langhorst and Sayler voting NAY. Representatives Field (23) and Bell were absent/excused. RS 14097 will be returned to the sponsor.
UNANIMOUS CONSENT REQUEST: Representative Roberts asked unanimous consent to change the language in the first sentence of the Statement of Purpose for RS 14072.
Chairman Stevenson thanked Logan Pedrow for her work with the Committee as a Page and introduced Jesse Stricklan, from Rexburg as the Committee's new page for the remainder of the Session.

Representative Wood also thanked Logan for her work as a page with the Transportation and Defense Committee.

ADJOURN: The meeting adjourned at 12:45 p.m.




DATE: February 17, 2004
TIME: Upon Adjournment
PLACE: Room 412
MEMBERS: Vice Chairman Wood, Representatives Jones, Bell, Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge, Raybould, Roberts, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Chairman Stevenson, Representatives Field (23) and Bedke
A quorum being present, Chairman Wood called the meeting to order at 2:25 p.m.
MOTION: Representative Langhorst made a motion to approve the minutes of Friday, February 13, 2004. By a voice vote the motion carried.
S 1229 Mr. Steve Barton, Department of Fish and Game, said this bill allows the Commission to hold regular meetings during each quarter, rather than in specific months. He said the January meeting will still be held in January in Boise.
MOTION: Representative Langhorst made a motion to send S 1229 to the floor with a "do pass" recommendation. By a voice vote the motion carried. Representative Langhorst will sponsor the bill.
S 1230 Mr. Barton said this bill gives the Commission the authority to set the boundary signing requirements for shooting preserves, by rule. He said this bill also allows the Commission to adopt by rule additional methods for marking upland game birds in these licensed shooting preserves.
MOTION: Representative Roberts made a motion to send S 1230 to the floor with a "do pass" recommendation. By a voice vote the motion carried. Representative Sayler will sponsor the bill.
H 637 Representative Cuddy explained that a typographical error was found in this legislation and rather than try to change it, they will hold the bill until next year.
MOTION: Representative Cuddy made a motion to hold H 637 in Committee. By a voice vote the motion carried.
H 670 Representative Roberts said this bill will change the size of the Forest Practice Advisory Committee by adding a member.
Mr. Mark Munkittrick, Idaho Forest Owners Association, spoke in favor of the bill.

Representative Cuddy said the Idaho Forest Industry Association concur with this bill.

MOTION: Representative Campbell made a motion to send H 670 to the floor with a "do pass" recommendation. By a voice vote the motion carried. Representative Roberts and Representative Cuddy will sponsor the bill.
ADJOURN: The meeting adjourned at 2:34 p.m.




DATE: February 19, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Bell, Barraclough, Denney, Campbell, Barrett, Moyle, Raybould, Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Representatives Field (23), Jones and Eskridge
A quorum being present, Chairman Stevenson called the meeting to order at 1:37 p.m.
MOTION: Representative Langhorst made a motion to approve the minutes of Tuesday, February 17, 2004. By a voice vote the motion carried.
H 700 Mr. Dar Olberding, Idaho Grain Producers Association, said the first part of the bill strikes the one-third provision for an initial payment for a depredation claim and changes it to one-half. He said the other part of the bill allows for an independent adjuster if either party does not agree on the claim.

Mr. Stan Boyd, Idaho Woolgrowers Association, and Mr. Steve Barton, Department of Fish and Game, very briefly spoke in support of the legislation.

MOTION: Representative Campbell made a motion to send H 700 to the floor with a "do pass" recommendation. By a voice vote the motion carried. Representative Wood will sponsor the bill.
H 634 Mr. Norm Semanko, Idaho Water Users Association, said there is a problem in irrigation districts with regard to encroachments and rights-of-way. He said this bill is the result of wide spread concern in the association and he gave an example of the problem. Mr. Semanko said the concern about these cases is not intended to stop projects or progress but to protect water rights. He briefly reviewed the changes in the bill. Mr. Semanko said this is an important issue and they can't afford not to address the situation.
Ms. Julie Pipal, Idaho Transportation Department, said ITD supports the rights of irrigation entities, but they have three concerns with the legislation, they are; project delays, eminent domain and servient owners.
Mr. Dennis Tanikuni, Farm Bureau, spoke in support of the bill.

Mr. Roger Seiber, ACHD, said Ms. Pipal expressed their concerns.

MOTION: Representative Roberts made a motion to hold H 634 in Committee for time certain, being Wednesday, February 25, 2004. By a voice vote the motion carried.
H 635 Mr. Semanko, said this legislation deals with jurisdiction over dams, and that jurisdiction is vested in the Department of Water Resources. He said this bill clarifies the definition of barriers. He said the department doesn't regulate dams or barriers unless they are determined to be in a high risk area. Mr. Semanko said this bill is only clarifying that the department has jurisdiction over barriers in high risk areas.
Ms. Kathleen Keys, Boise, gave her example of how the county is attempting to regulate the dam and pond on her property. She said they have had high and unnecessary expenses and the department should regulate this situation, not the county.

Mr. Dale Frazell, representing himself, said this legislation makes dam uses a lot less complicated.

Mr. Matt Howard, Attorney, said this bill will help a number of people that have small dams and the county has no specific ordinance to regulate dams but they have very broad terms in the ordinances. Mr. Howard said this legislation attempts to clarify the definition, that all barriers are under the jurisdiction of the department unless Water Resources makes a low risk determination and that the department keeps exclusive jurisdiction over small dams in low risk areas.

MOTION: Representative Wood made a motion to send H 635 to the floor with a "do pass" recommendation. By a voice vote the motion carried. Representative Campbell will sponsor the bill.
H 669 Mr. Jay Biladeu, Assistant Director, Department of Lands, said this bill exempts the State Board of Land Commissioners from contested hearings. He said this does not preclude the board from hearing cases if they decide to and does not disallow people from coming before the board.
MOTION: Representative Bedke made a motion to send H 669 to the floor with a "do pass" recommendation.
Mr. John Robison, Idaho Conservation League, spoke in opposition to the bill, saying this undermines the Administrative Procedures Act and that contested cases are not common, but when they do occur it allows the people to express concerns to the board.
By a roll call, the motion carried with Representatives Stevenson, Wood, Bell, Barraclough, Campbell, Barrett, Raybould, Roberts, Bedke, and Cuddy voting AYE and Representatives Robison, Langhorst and Sayler voting NAY. Representatives Field (23), Jones, Denney, Moyle and Eskridge were absent/excused. Representative Bedke will sponsor the bill.
HJM 19 Mr. Steve Barton, Department of Fish and Game, said this memorial gives support to the Federal Government regarding the "Voluntary Public Access and Habitat Incentive Program of 2003". He said this memorial recognizes this program as extremely important for maintaining wildlife related recreation. Mr. Barton said this is a win for land owners, sportsmen and businesses.
MOTION: Representative Langhorst made a motion to send HJM 19 to the floor with a "do pass" recommendation.
Mr. Barton answered several questions from the Committee regarding the funding, and if the State's "Access Yes" program is already funded, or if fees will be raised to fund this program. Mr. Barton said the "Access Yes" program is new and the Commission has not made official action to raise fees to fund it, but this memorial will help in adding federal funds to the sportsman's money to help fund this program.

Mr. Wayne Hammon, USDA Farm Service Agency, expressed concerns with the memorial and said Congress sets limits on how this money can be used. He said there is concern with the impact this memorial may have on current programs in Idaho.

SUBSTITUTE MOTION: Representative Roberts made a substitute motion to hold HJM 19 in Committee. Representative Campbell called for the question and the substitute motion carried by a division of 6 to 4 votes with Representatives Langhorst and Sayler being recorded as voting NAY. HJM 19 will be held in Committee.
ADJOURN: The meeting adjourned at 3:06 p.m.




DATE: February 23, 2004
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23), Jones, Bell, Barraclough, Campbell, Moyle, Roberts, Bedke, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Representative Denney, Barrett, Eskridge, Raybould and Robison
A quorum being present, Chairman Stevenson called the meeting to order at 3:07 p.m.
UNANIMOUS CONSENT REQUEST: After Committee discussion, Representative Langhorst asked unanimous consent to have his NAY vote on HJM 19 be recorded in the minutes of February 19, 2004. There was no objection.
UNANIMOUS CONSENT REQUEST: Representative Sayler asked unanimous consent to have his NAY vote on HJM 19 be recorded in the minutes of February 19, 2004. There was no objection.
MOTION: Representative Wood made a motion to approve the minutes of Thursday, February 19, 2004, with the additions stated above. By a voice vote the motion carried.
H 592 Mr. Karl Dreher, Director; Department of Water Resources, said this bill changes the requirement for dam inspections from every two years, to once every five years. He said this puts Water Resources' inspections in conjunction with the Federal Government's requirements.
MOTION: Representative Cuddy made a motion to send H 592 to the floor with a "do pass" recommendation. By a voice vote the motion carried. Representative Jones will sponsor the bill.
H 593 Mr. Dreher said this legislation establishes a minimum fee for filing proposed construction on dams or mine tailings. He said that administrative costs are almost as much as the fee and the $200.00 minimum fee is appropriate for the service provided.
MOTION: Representative Jones made a motion to send H 593 to the floor with a "do pass" recommendation. By a voice vote the motion carried. Representative Sayler will sponsor the bill.
H 633 Mr. Dreher gave an example of water right diversion and said this bill will provide that a water right is not subject to forfeiture for non-use if it is being used for mitigation.
MOTION: Representative Langhorst made a motion to send H 633 to the floor with a "do pass" recommendation. By a voice vote the motion carried. Representative Field (23) will sponsor the bill.
ADJOURN: The meeting adjourned at 3:27 p.m.




DATE: February 25, 2004
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 3:00 p.m.
MOTION: Representative Bedke made a motion to approve the minutes of Monday, February 23, 2004. By a voice vote the motion carried.
H 634 Mr. Norm Semanko, Idaho Water Users Association, said they had spoken to the people who had raised concerns with this bill, after it had been held for time certain. He said after this meeting, there have been amendments drafted to address those concerns. Mr. Semanko reviewed the amendments to the bill.
Mr. Dennis Tanikuni, Farm Bureau, said they support the bill and the amendments.

Ms. Julie Pipal, Idaho Transportation Department, said the bill has been changed to their satisfaction.

MOTION: Representative Campbell made a motion to send H 634 to General Orders with Committee amendments attached. Representative Cuddy seconded the motion. By a voice vote the motion carried. Representative Campbell will sponsor the bill.
H 636 Mr. Semanko said they have decided to propose changes to this bill in regards to consumptive use. He said they have left in the clarifications of the definition of consumptive use, but have changed the policy referring to transfers. Mr. Semanko reviewed the bill and the proposed changes.
MOTION: Representative Wood made a motion to send H 636 to General Orders with Committee amendments attached. Representative Field seconded the motion. By a voice vote the motion carried. Representative Wood will sponsor the bill.
HJR 11 Representative Edmunson said this legislation adds an amendment to the State Constitution for the right to manage Idaho wildlife and use hunting, fishing and trapping as management tools. He said we currently do not have that right. Representative Edmunson said we need this right in our Constitution. He said he has worked with the Department of Fish and Game, Idaho Water Users Association, and private property owners, as well as the Attorney General's office to ensure this legislation protects the rights of the people in Idaho. Representative Edmunson said there are anti fishing and hunting groups that would like to take this right away and this is a very serious situation.
Speaker Newcomb, said this legislation will help gain control of hunting and fishing in Idaho and is in response to outside interest groups. He said this is a first step in protecting our right to hunt, fish and trap. Speaker Newcomb said the next step is to have a super majority when groups propose initiatives to ban hunting, and the third step is educating kids about our wildlife resource and teach them to hunt and fish. He said this is a good bill and a good step in the right direction for our Idaho wildlife.
Representative Edmunson explained the key points in the bill and reviewed facts regarding Idaho. He said this is an issue the State of Idaho believes in and can bring the people of Idaho together.

See attachment.

MOTION: Representative Field (23) made a motion to send HJR 11 to the floor with a "do pass" recommendation. By a voice vote the motion carried. Representative Edmunson will sponsor the bill.
Report on Henry's Fork Watershed Council

Mr. Dale Swensen, Executive Director; Freemont Madison Irrigation District, gave a brief background of the watershed council. He said the council was chartered by the Legislature and they are required to give a report, this is their tenth anniversary. Mr. Swensen said the council was founded because of a conflict and formed to help with communication between federal and local agencies, and to help reduce conflict. He said their process is based on consensus. Mr. Swensen reviewed the framework of the council and gave some funding background.

Mr. Steve Trafton, Executive Director, Henry's Fork Foundation, said they are a founding member of the watershed council. He reviewed the projects the council has accomplished. Mr. Trafton said the council is not just about creating projects, but they are a useful forum for screening projects as well. He said they have had a successful 10 years, but are still facing plenty of issues and challenges.

ADJOURN: The meeting adjourned at 4:08 p.m.




DATE: March 1, 2004
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, Eskridge, Raybould, Roberts, Bedke, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Representatives Moyle and Robison
Chairman Stevenson called the meeting to order at 2:45 p.m.
MOTION: Representative Sayler made a motion to approve the minutes of Wednesday, February 25, 2004. By a voice vote the motion carried.
H 738 Representative Cuddy said there is a thriving operation in Kamiah, Idaho that can only use part of the land it owns and can only employ part time employees. He said this bill will expand the acreage allowed for shooting preserves.
MOTION: Representative Campbell made a motion to send H 738 to the floor with a "do pass" recommendation. By a voice vote the motion carried. Representative Cuddy will sponsor the bill.
S 1295 Mr. Glenn Saxton, Department of Water Resources, said this legislation proposes amendments regarding the transfer of water rights in the Idaho Code. He said this will allow the director to have some discretion in providing notification of proposed changes to point of diversion when there is an error in legal description and when these errors do not affect the water right.
Mr. Justin Hayes, Idaho Conservation League, urged the Committee to vote against this bill. He said they understand the cases where technical corrections need to be addressed but that this bill gives a great amount of latitude to the director.
Mr. Norm Semanko, Idaho Water Users Association, spoke in support of the bill and said the language isn't that broad and it is only when there is no impact on the hydrological use that notification is not required. He gave some examples of errors in legal descriptions and said this is a very modest modification to the transfer notification issue.
MOTION: Representative Field (23) made a motion to send S 1295 to the floor with a "do pass" recommendation. By a voice vote the motion carried. Representative Campbell will sponsor the bill.
S 1296 Mr. Saxton said this bill proposes amendments to the geothermal statutes, by removing an ambiguity between two code sections. He said the two code sections are inconsistent and don't require the same applications, the bill will make them require the same things.
Mr. Semanko spoke in support of the bill for the reasons stated by Mr. Saxton.
MOTION: Representative Barraclough made a motion to send S 1296 to the floor with a "do pass" recommendation. By a voice vote the motion carried. Representative Barraclough will sponsor the bill.
H 745 Mr. Norm Semanko, Idaho Water Users Association, said this legislation will help clarify that drainage and irrigation works can continue to be operated, maintained, and repaired without obtaining a permit. He said this clarifies that irrigation and drainage works are not navigable streams and that ditch and drain maintenance does not require a stream channel alteration permit.
MOTION: Representative Wood made a motion to send H 745 to the floor with a "do pass" recommendation.
Mr. Semanko answered questions and concerns from the Committee, regarding language in the bill.

Mr. Justin Hayes, said his organization has concerns with this legislation, that it is converting the right to use the water to the right to own the water.

By a voice vote the motion carried, with Representatives Jones and Langhorst being recorded as voting NAY. Representative Raybould will sponsor the bill.

ADJOURN: The meeting adjourned at 3:33 p.m.




DATE: March 3, 2004
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23), Jones, Barraclough, Campbell, Barrett, Eskridge, Raybould, Roberts, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

Representatives Bell, Denney, Moyle, and Bedke
A quorum being present, Chairman Stevenson called the meeting to order at 3:21 p.m.
MOTION: Representative Eskridge made a motion to approve the minutes of Monday, March 1, 2004. By a voice vote the motion carried.
Vice Chairman Wood assumed the chair.
H 744 Representative Stevenson explained that this bill corrects an error overlooked a year ago. He said when the state took over Box Canyon into the state park system, there was an agreement with the previous owners to name the park the Earl M. Hardy Box Canyon Springs Nature Preserve. Representative Stevenson said this name was inadvertently left out last year, and this bill corrects that oversight.
UNANIMOUS CONSENT REQUEST: Representative Wood asked unanimous consent to send H 744 to the floor with a "do pass" recommendation. There being no objection, the bill will be sent to the floor. Speaker Newcomb will sponsor the bill.
Chairman Stevenson re-assumed the chair.
Mr. Jim Caswell said that a year ago they brought the Governor's strategy for amending the 10(j) Rule. He said now, the rule has been drafted and is on its way to the Federal Register. Mr. Caswell introduced David Hensley to explain the details.

Mr. David Hensley, attorney, reviewed what they wanted to accomplish with the amendment of the 10(j) Rule, an increase in the state's management role and an increase in flexibility for taking wolves. Mr. Hensley explained that there will be two rules, the current 10(j) Rule will stay in effect, but there will also be the amended rule. Mr. Hensley gave an overview of what the current 10(j) Rule and what the amended rule will allow, regarding management, ability to kill or move wolves impacting big game herds, predation of domestic animals and permits for taking wolves on private property. He explained where the amended rule would apply and when it would apply. Mr. Hensley explained that the amended rule will define "in the act" and "unacceptable impact", the current rule does not define these terms. Mr. Hensley answered questions from the Committee regarding permits on private and public land and how many permits are allowed, and the role of the U.S. Fish and Wildlife Services.

Mr. Steve Huffaker, Director; Department of Fish and Game, answered questions regarding the unacceptable impact definition on ungulate populations and how this will be determined.

Mr. Hensley answered more questions from the Committee regarding the impact of the 60 day comment period and how that may influence the final decision to amend the rule.

Mr. Michael Bogert, Governor's Office, expressed thanks to the species conservation team on behalf of the Governor. He said this opportunity and promise of state management is an important and significant milestone on this issue. He encouraged comments from groups in favor of this rule amendment to be forwarded to the Secretary of Interior.

Mr. Huffaker introduced Steve Nadeau, Fish and Game Department, and Carter Niemeyer, U.S. Fish and Wildlife Services, and said they will be traveling throughout the state to give training to Fish and Game employees for the ability to respond to wolves.

Mr. Caswell introduced Jeff Allen and said he would like to stress the issue Mr. Bogart raised regarding the reaction and comment on this issue, that the Secretary of Interior needs to hear both sides.

Mr. Caswell briefly reviewed the progress of the petition to list Slickspot Pepper Grass, that a rule has been written and the Service made a decision to extend the time frame for listing. He said a conservation agreement was drafted and the resulting decision was to not list the plant. He said currently it is not listed and has no status, but there is more work to be done in implementing the agreement. Mr. Caswell said they are trying to take a similar action with the Sage Grouse but the issue is more complicated. He said they will try to draft something to protect Idaho's interest in regards to Sage Grouse over the next year.

ADJOURN: The meeting adjourned at 4:25 p.m.




DATE: March 9, 2004
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 2:38 p.m.
MOTION: Representative Robison made a motion to approve the minutes of Wednesday, March 3, 2004. By a voice vote the motion carried.
HJM 24 Representative Roberts said this bill deals with additional water storage in the State of Idaho. He said there are waters needed for multiple uses in the state.
MOTION: Representative Barrett made a motion to send HJM 24 to the floor with a "do pass" recommendation.
Mr. Bill Sedivy, Idaho Rivers United, said that across America there are more dams being taken out rather than built because of the damage they do to the environment and ecosystems. Mr. Sedivy submits we should be encouraging smarter use of our limited water.
By a voice vote the motion carried, with Representatives Robison and Langhorst being recorded as voting NAY. Representatives Roberts and Cuddy will sponsor the bill.
HJM 23 Representative Newcomb said this memorial encourages the Governor, Attorney General's Office, and Directors from the Department of Fish and Game, Water Resources and Office of Species Conservation, to intervene in federal litigation regarding the biological opinion for the Bureau of Reclamation. He said there are some typographical errors that will need to be corrected, he reviewed the corrections.
Mr. Norm Semanko, Idaho Water Users Association, said this legislation is meant to support the effort of the state to intervene in this federal case.
Mr. Bill Sedivy, spoke in opposition to the legislation for several reasons. He said intervention has already been filed, making the memorial unnecessary. He said the relationship between flow augmentation and salmon survival is documented and the bill shows that the Legislature is unwilling to protect salmon. Mr. Sedivy said the memorial ignores that salmon are in trouble and he urged the Committee to vote against it.
Vice Chairman Wood assumed the Chair.

Mr. Sedivy answered questions from the Committee regarding flow augmentation data and salmon recovery, the motivation behind the federal law suite, the removal of the four Lower Snake River dams and the amount of power those dams produce.

MOTION: Representative Campbell made a motion to send HJM 23 to the floor with a "do pass" recommendation.
Representative Newcomb clarified the percentage of power the dams produce, saying the dams provided 16% of power at full capacity, now the dams have been restricted to 40% capacity and provide approximately 5% or less of the power in the Northwest.
Mr. Tom Stuart, representing himself, reviewed areas in the memorial language that are misleading. He said Idaho has a history of saying no to a lot of salmon recovery steps, and HJM 23 is not required to get the state involved in the federal case.
Mr. Norm Semanko said the Legislature does need to support what the Attorney General's Office is doing to intervene in the federal litigation. He said that flow augmentation doesn't seem to help salmon and doesn't help the temperature problem. Mr. Semanko said that flow targets are objectives and that flow objectives don't have to be met all the time. He said the memorial gives appropriate recognition to the state in intervening in the federal case.
Representative Newcomb said this legislation supports the Governor and Attorney General's Office in reference to protecting the water supply in the state. He said this is a temperature issue and not so much a flow issue and other things may be successful. Representative Newcomb said this is taking water for fish at the expense of everyone else.
Amended

MOTION:

Representative Campbell made an amended motion to send HJM 23 to the floor with a "do pass" recommendation and with the corrections mentioned by the sponsor. By a roll call vote the motion carried, with Representatives Stevenson, Wood, Jones, Bell, Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge, Raybould, Roberts, Bedke, and Cuddy voting AYE and Representatives Robison, Langhorst, and Sayler voting NAY. Representative Field (23) was absent/excused. Representative Newcomb will sponsor the bill.
Chairman Stevenson assumed the chair.
S 1367 Mr. Norm Semanko said this bill deals with an issue in more urbanized areas of the state. He said it allows private individuals on laterals to allow canal companies to do maintenance on the laterals. He said this is not a typical way to do maintenance on laterals and it doesn't force the creation of a lateral district, by allowing the irrigation district to do maintenance. Mr. Semanko said this does address liability issues and doesn't expand the rights of the land owner and doesn't impact the lateral district if there is one.
MOTION: Representative Roberts made a motion to send S 1367 to the floor with a "do pass" recommendation. By a voice vote the motion carried. Representative Moyle will sponsor the bill.
SCR 129 Representative Campbell said this resolution rejects the rules of the Department of Fish and Game regarding commercial fishing.
MOTION: Representative Campbell made a motion to send SCR 129 to the floor with a "do pass" recommendation. By a voice vote the motion carried. Representatives Eskridge and Campbell will sponsor the bill.
ADJOURN: The meeting adjourned at 4:15 p.m.




DATE: March 17, 2004
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23), Jones, Barraclough, Denney, Moyle, Eskridge, Raybould, Roberts, Bedke, Robison, Cuddy, Langhorst
ABSENT/

EXCUSED:

Representative Bell, Campbell, Barrett, and Sayler
A quorum being present, Chairman Stevenson called the meeting to order at 2:14 p.m.
MOTION: Representative Cuddy made a motion to approve the minutes of Tuesday, March 9, 2004. By a voice vote the motion carried.
Mr. Jim Kempton, Northwest Power Planning Council, reviewed the possible proposal by Washington for irrigation withdrawals. He said Idaho and Montana will comment on the plan after Washington writes the proposal, but Washington will do the irrigation withdrawals regardless of the comments. Mr. Kempton answered questions from the Committee regarding how much water will be coming out below the Snake River, and the impacts to the river.

Ms. Judy Danielson, Chairman, Northwest Power Planning Council, commented on the proposal for offset of spill reduction. She said the Columbia River initiative proposal, with national research will be out at the end of March and they will keep the Committee informed of that. Ms. Danielson said Washington has a big problem with over appropriation, as do all the states except for Montana. She said the water in Washington will be appropriated for economic development and that they are not going to get a good response to the plan. Ms. Danielson said a big issue before the Council is the Power Plan. She also reviewed the analysis of what is expected out of the hatcheries in the region, and said the expectations have changed. Ms. Danielson responded to comments from the Committee regarding appreciation for information from the Council and an update on the Nez Perce hatchery.

Representative Cuddy commented on an RS to be presented before the Ways and Means Committee. He said the RS is about conserving water in the Columbia River System.

ADJOURN: The meeting adjourned at 2:49 p.m.




DATE: March 19, 2004
TIME: At the Call of the Chair
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23), Jones, Bell, Denney, Barrett, Moyle, Eskridge, Raybould, Roberts, Bedke, Robison, Cuddy, Sayler
ABSENT/

EXCUSED:

Representative Barraclough, Campbell and Langhorst
A quorum being present, Chairman Stevenson called the meeting to order at 1:10 p.m.
MOTION: Representative Eskridge made a motion to approve the minutes of Wednesday, March 17, 2004. By a voice vote the motion carried.
S 1417 Senator Williams explained that rules for the Department of Agriculture were rejected, relating to emphasis on farmers and reducing feed line exposure between elk and cattle. He said that this bill allows the Department of Agriculture and the Department of Fish and Game to cooperate and requires disease control methods.
Representative Jones said this would normally go through the Agricultural Affairs Committee, but they would not be having a meeting and so was brought through this Committee for a hearing.
MOTION: Representative Jones made a motion to send S 1417 to the floor with a "do pass" recommendation.
A Committee Member question when and how the rules would be promulgated. Representative Jones said the rules coming from this would be better than the ones that had been rejected this year, and they will be scrutinized during the rules review process next year.

Mr. Stan Boyd, Idaho Elk Breeders Association, said the concern is during the Winter when elk come to feed with cattle that are being fed on the ranch, not with elk farmers. He said this bill will address this concern.

By a voice vote the motion carried. Representative Jones will sponsor the bill.

SJM 110 Ms. Jane Gorsuch, Intermountain Forest Association, said this memorial is intended to send a message of support for endorsement to Idahoans who have been looking at alternative ways of managing federal lands. She explained there are five pilot project, the Clearwater Basin Project is specifically referred to in the memorial. Ms. Gorsuch said another project is the Cassia Project which is being developed as an innovative approach to managing BLM and Forest Service lands in southern central Idaho. She said this memorial urges continued work in the U.S. Congress for these projects and for any additional efforts that might come from local groups interested in other pilot projects.
MOTION: Representative Cuddy made a motion to send SJM 110 to the floor with a "do pass" recommendation. By a voice vote the motion carried. Representatives Cuddy and Roberts will sponsor the memorial.
Chairman Stevenson thanked Representative Robison for his service on the Committee and wished him well on his future endeavors.

Representative Robison said he had been on this Committee since he had started in the Legislature and spoke highly of members, past and present and said he enjoyed his work with the Committee.

ADJOURN: The meeting adjourned at 1:27 p.m.