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S1353..........................................by RESOURCES AND ENVIRONMENT
WATER - Amends existing law relating to water to provide for the exclusive
authority of the Department of Water Resources relating to the
appropriation of public surface and ground waters of the state; to prohibit
other instrumentalities or political subdivisions of the state from taking
any action to prohibit, restrict or regulate the appropriation of public
surface or ground waters of the state; and to provide that any such
prohibition, restriction or regulation shall be null and void.
02/06 Senate intro - 1st rdg - to printing
02/07 Rpt prt - to Res/Env
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt(Harper), Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Burtenshaw
Title apvd - to House
02/27 House intro - 1st rdg - to Res/Con
03/10 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 68-0-2
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, Harwood, Henbest,
Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, 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 -- Hart, McGeachin
Floor Sponsor - Field(23)
Title apvd - to Senate
03/23 To enrol
03/24 Rpt enrol - Pres signed - Sp signed
03/27 To Governor
03/30 Governor signed
Session Law Chapter 256
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1353
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO WATER; AMENDING SECTION 42-201, IDAHO CODE, TO PROVIDE FOR THE
3 EXCLUSIVE AUTHORITY OF THE DEPARTMENT OF WATER RESOURCES RELATING TO THE
4 APPROPRIATION OF PUBLIC SURFACE AND GROUND WATERS OF THE STATE, TO PRO-
5 HIBIT OTHER INSTRUMENTALITIES OR POLITICAL SUBDIVISIONS OF THE STATE FROM
6 TAKING ANY ACTION TO PROHIBIT, RESTRICT OR REGULATE THE APPROPRIATION OF
7 PUBLIC SURFACE OR GROUND WATERS OF THE STATE AND TO PROVIDE THAT ANY SUCH
8 PROHIBITION, RESTRICTION OR REGULATION SHALL BE NULL AND VOID.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 42-201, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 42-201. WATER RIGHTS ACQUIRED UNDER CHAPTER -- ILLEGAL APPLICATION OF
13 WATER. (1) All rights to divert and use the waters of this state for benefi-
14 cial purposes shall hereafter be acquired and confirmed under the provisions
15 of this chapter and not otherwise. And after the passage of this title all the
16 waters of this state shall be controlled and administered in the manner herein
17 provided. Such appropriation shall be perfected only by means of the applica-
18 tion, permit and license procedure as provided in this title; provided, how-
19 ever, that in the event an appropriation has been commenced by diversion and
20 application to beneficial use prior to the effective date of this act it may
21 be perfected under such method of appropriation.
22 (2) No person shall use the public waters of the state of Idaho except in
23 accordance with the laws of the state of Idaho. No person shall divert any
24 water from a natural watercourse or apply water to land without having
25 obtained a valid water right to do so, or apply it to purposes for which no
26 valid water right exists.
27 (3) Notwithstanding the provisions of subsection (2) of this section,
28 water may be used at any time, with or without a water right, to extinguish an
29 existing fire on private or public lands, structures, or equipment, or to pre-
30 vent an existing fire from spreading to private or public lands, structures,
31 or equipment endangered by an existing fire.
32 (4) This title delegates to the department of water resources exclusive
33 authority over the appropriation of the public surface and ground waters of
34 the state. No other agency, department, county, city, municipal corporation or
35 other instrumentality or political subdivision of the state shall enact any
36 rule or ordinance or take any other action to prohibit, restrict or regulate
37 the appropriation of the public surface or ground waters of the state, and any
38 such action shall be null and void.
STATEMENT OF PURPOSE
RS 15889
Title 42 of the Idaho Code delegates comprehensive authority to
the Idaho Department of Water Resources over the appropriation of
the waters of the State. This delegation of authority preempts
other agencies and political subdivisions from regulating the
appropriation of the public waters of the State. This
legislation further clarifies these principles to ensure that no
other agency or political subdivision takes any action which
impinges upon the Department of Water Resource's exclusive
jurisdiction over the appropriation of the waters of the state.
The legislation will not affect the right of an agency or
political subdivision to file a protest in a water right
proceeding. It will have no impact on the zoning authority or
other powers inherent in political subdivisions. There would also
be no impact on private contracts, covenants, or restrictions.
FISCAL NOTE
There is no fiscal impact.
Contact
Name: Norm Semanko, Idaho Water Users Association
Phone: (208) 344-6690
Name: Gary Despiva, Idaho Ground Water Association
Phone: (208) 899-3131
STATEMENT OF PURPOSE/FISCAL NOTE S 1353