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H0737aa....................................................by STATE AFFAIRS GROUND WATER RIGHTS - EASTERN SNAKE RIVER - Amends existing law relating to the administration of ground water rights within the Eastern Snake River Plain; to strike a date; to provide for notice by the Director of the Department of Water Resources to the holders of certain junior ground water rights relating to joining and participating in ground water districts for mitigation purposes; and to authorize the Director to take certain action in the event any of the junior priority ground water right holders elect not to join ground water districts or do not have approved mitigation plans. 02/24 House intro - 1st rdg - to printing 02/27 Rpt prt - to Res/Con 03/14 Rpt out - to Gen Ord 03/17 Rpt out amen - to engros 03/20 Rpt engros - 1st rdg - to 2nd rdg as amen 03/21 Rls susp - PASSED - 70-0-0 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- None Floor Sponsor - Stevenson Title apvd - to Senate 03/22 Senate intro - 1st rdg - to Res/Env 03/28 Rpt out - rec d/p - to 2nd rdg 03/29 2nd rdg - to 3rd rdg 03/30 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Brandt, Broadsword, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Bunderson, Hill Floor Sponsor - Burtenshaw Title apvd - to House 03/31 To enrol 04/03 Rpt enrol - Sp signed - Pres signed 04/04 To Governor 04/07 Governor signed Session Law Chapter 356 Effective: 04/07/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 737 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE ADMINISTRATION OF GROUND WATER RIGHTS WITHIN THE EASTERN SNAKE 3 RIVER PLAIN; AMENDING SECTION 3, CHAPTER 352, LAWS OF 2004, TO STRIKE A 4 DATE, TO PROVIDE FOR NOTICE BY THE DIRECTOR OF THE DEPARTMENT OF WATER 5 RESOURCES TO HOLDERS OF CERTAIN JUNIOR GROUND WATER RIGHTS RELATING TO 6 JOINING AND PARTICIPATING IN GROUND WATER DISTRICTS FOR MITIGATION PUR- 7 POSES AND TO AUTHORIZE THE DIRECTOR TO TAKE CERTAIN ACTION IN THE EVENT 8 ANY OF THE JUNIOR PRIORITY GROUND WATER RIGHT HOLDERS ELECT NOT TO JOIN 9 GROUND WATER DISTRICTS OR DO NOT HAVE APPROVED MITIGATION OR REPLACEMENT 10 WATER PLANS; AND DECLARING AN EMERGENCY. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 3, Chapter 352, Laws of 2004, is hereby amended 13 to read as follows: 14 SECTION 3. It is the intent of the Legislature to ensure that the burden 15 of providing mitigation for junior ground water diversions from the Eastern 16 Snake River Plain Aquifer causing material injury to senior priority water 17 rights is equitably shared by the holders of all such junior ground water 18 rights subject to administration within water districts created pursuant to 19 Chapter 6, Title 42, Idaho Code. It is, therefore, hereby provided thatbegin-20ning April 1, 2004,all holders of such ground water rights not otherwise cov- 21 ered by a mitigation plan and that are not members or applicants for member- 22 ship of a ground water district created pursuant to Chapter 52, Title 42, 23 Idaho Code, with a mitigation plan approved by the Director of the Department 24 of Water Resources, shall bedeemed a nonmember participant solely for mitiga-25tion purposes and shall be required to pay for mitigation, pursuant to Section2642-5259, Idaho Codegiven notice by the Director of the Department of Water 27 Resources that such holder shall have fifteen (15) days to join, solely for 28 mitigation purposes, in the ground water district situated nearest the lands 29 to which the water right is appurtenant, as determined by the Director of the 30 Department of Water Resources in case of dispute, and participate in the dis- 31 trict pursuant to Section 42-5259, Idaho Code. If any holder of such a junior 32 priority ground water right elects not to join the ground water district or 33 does not have an approved mitigation or replacement water plan, the Director 34 of the Department of Water Resources may proceed with any appropriate remedy 35 or take any other action within his authority that he deems appropriate. 36 SECTION 2. An emergency existing therefor, which emergency is hereby 37 declared to exist, this act shall be in full force and effect on and after its 38 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Stevenson Seconded by Moyle IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 737 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 33, delete "or replacement water". 3 CORRECTION TO TITLE 4 On page 1, in line 9, delete "OR REPLACEMENT"; and in line 10, delete 5 "WATER".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 737, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE ADMINISTRATION OF GROUND WATER RIGHTS WITHIN THE EASTERN SNAKE 3 RIVER PLAIN; AMENDING SECTION 3, CHAPTER 352, LAWS OF 2004, TO STRIKE A 4 DATE, TO PROVIDE FOR NOTICE BY THE DIRECTOR OF THE DEPARTMENT OF WATER 5 RESOURCES TO HOLDERS OF CERTAIN JUNIOR GROUND WATER RIGHTS RELATING TO 6 JOINING AND PARTICIPATING IN GROUND WATER DISTRICTS FOR MITIGATION PUR- 7 POSES AND TO AUTHORIZE THE DIRECTOR TO TAKE CERTAIN ACTION IN THE EVENT 8 ANY OF THE JUNIOR PRIORITY GROUND WATER RIGHT HOLDERS ELECT NOT TO JOIN 9 GROUND WATER DISTRICTS OR DO NOT HAVE APPROVED MITIGATION PLANS; AND 10 DECLARING AN EMERGENCY. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 3, Chapter 352, Laws of 2004, is hereby amended 13 to read as follows: 14 SECTION 3. It is the intent of the Legislature to ensure that the burden 15 of providing mitigation for junior ground water diversions from the Eastern 16 Snake River Plain Aquifer causing material injury to senior priority water 17 rights is equitably shared by the holders of all such junior ground water 18 rights subject to administration within water districts created pursuant to 19 Chapter 6, Title 42, Idaho Code. It is, therefore, hereby provided thatbegin-20ning April 1, 2004,all holders of such ground water rights not otherwise cov- 21 ered by a mitigation plan and that are not members or applicants for member- 22 ship of a ground water district created pursuant to Chapter 52, Title 42, 23 Idaho Code, with a mitigation plan approved by the Director of the Department 24 of Water Resources, shall bedeemed a nonmember participant solely for mitiga-25tion purposes and shall be required to pay for mitigation, pursuant to Section2642-5259, Idaho Codegiven notice by the Director of the Department of Water 27 Resources that such holder shall have fifteen (15) days to join, solely for 28 mitigation purposes, in the ground water district situated nearest the lands 29 to which the water right is appurtenant, as determined by the Director of the 30 Department of Water Resources in case of dispute, and participate in the dis- 31 trict pursuant to Section 42-5259, Idaho Code. If any holder of such a junior 32 priority ground water right elects not to join the ground water district or 33 does not have an approved mitigation plan, the Director of the Department of 34 Water Resources may proceed with any appropriate remedy or take any other 35 action within his authority that he deems appropriate. 36 SECTION 2. An emergency existing therefor, which emergency is hereby 37 declared to exist, this act shall be in full force and effect on and after its 38 passage and approval.
STATEMENT OF PURPOSE RS 16109 This legislation amends existing law relating to when the holders of certain ground water rights shall be deemed nonmember participants solely for mitigation purposes in a ground water district pursuant to the provisions of Section 42-5259, Idaho Code; to provide that the holder of such a ground water right shall be provided reasonable notice and the opportunity to join a ground water district solely for mitigation purposes; and to provide that the Director of the Department of Water Resources has the right to proceed with any appropriate action or remedy against such ground water right if the holder of such water right elects not to join a ground water district and does not have an approved mitigation alternative. FISCAL NOTE There is no fiscal impact to any state agency. Contact Name: Representative John A. Stevenson Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 737