2006 Legislation
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HOUSE BILL NO. 737 – Water rights/East Snake River Plain

HOUSE BILL NO. 737

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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 that begin-
 20    ning 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 be deemed a nonmember participant solely for mitiga-
 25    tion purposes and shall be required to pay for mitigation, pursuant to Section
 26    42-5259, Idaho Code given 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.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved 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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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 that begin-
 20    ning 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 be deemed a nonmember participant solely for mitiga-
 25    tion purposes and shall be required to pay for mitigation, pursuant to Section
 26    42-5259, Idaho Code given 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 / Fiscal Impact


                       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