2006 Legislation
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SENATE CONCURRENT RESOLUTION NO. 136 – Aquifer mngmt plan requested

SENATE CONCURRENT RESOLUTION NO. 136

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Bill Status



SCR136.....................................................by STATE AFFAIRS
AQUIFER MANAGEMENT PLAN - Stating findings of the Legislature and
requesting the Idaho Water Resource Board to prepare and submit a
comprehensive aquifer management plant for the Eastern Snake River Plain
for legislative review and approval.
                                                                        
03/31    Senate intro - 1st rdg - to printing
04/03    Rpt prt - to 10th Ord
    Rls susp - ADOPTED - 33-0-2
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Gannon, Stegner
    Floor Sponsor - Davis
    Title apvd - to House
04/04    House intro - 1st rdg - to 2nd rdg
04/05    2nd rdg - to 3rd rdg
    Rls susp - ADOPTED - voice vote
    Floor Sponsor - Raybould
    Title apvd - to Senate
04/05    To enrol
04/06    Rpt enrol - Pres signed - Sp signed
04/07    To Secretary of State

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                            SENATE CONCURRENT RESOLUTION NO. 136
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                               A CONCURRENT RESOLUTION
  2    STATING LEGISLATIVE FINDINGS AND REQUESTING THE IDAHO WATER RESOURCE BOARD  TO
  3        PREPARE AND SUBMIT A COMPREHENSIVE AQUIFER MANAGEMENT PLAN FOR THE EASTERN
  4        SNAKE RIVER PLAIN AQUIFER FOR LEGISLATIVE REVIEW AND APPROVAL.
                                                                        
  5    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
  6        WHEREAS,  the extended drought, changes in irrigation practices and ground
  7    water pumping have resulted in reduced spring discharges and reach gains  from
  8    the  Eastern  Snake River Plain Aquifer and areas of declining aquifer levels;
  9    and
 10        WHEREAS, declining aquifer levels have resulted in insufficient water sup-
 11    plies to satisfy existing beneficial uses; and
 12        WHEREAS, declining aquifer levels have lead to conflicts  between  holders
 13    of water rights diverting from surface and ground water; and
 14        WHEREAS,  the  conflict  between water users poses a significant threat to
 15    the state's economy; and
 16        WHEREAS, the welfare of the people of the state of Idaho is dependent upon
 17    the management of the Eastern Snake River Plain  Aquifer  in  accordance  with
 18    state law; and
 19        WHEREAS,  the  Idaho  Legislature  has enacted legislation to create water
 20    measurement districts for gathering and reporting of water diversion data; and
 21        WHEREAS, the Idaho Legislature has  enacted  legislation  authorizing  the
 22    creation  of ground water districts for the purpose of implementing mitigation
 23    plans; and
 24        WHEREAS, the Idaho Department of Water Resources has expanded and  created
 25    new  water  districts for water sources hydraulically connected to the Eastern
 26    Snake River Plain Aquifer for the purpose of conjunctively  administering  all
 27    surface and ground water rights diverting from the interconnected sources; and
 28        WHEREAS,  the Idaho Legislature provided funding to facilitate implementa-
 29    tion of water supply projects through the Idaho Department of Commerce and  to
 30    ground  water  users for implementation of the Sandy Pipeline Project in 2004;
 31    and
 32        WHEREAS, the Idaho Legislature's Natural  Resource  Interim  Committee  in
 33    2004 and 2005 sought resolution of the Eastern Snake River Plain Aquifer water
 34    supply  conflicts  and  has  provided  support for voluntary mediation between
 35    affected parties; and
 36        WHEREAS, Section 42-1734, Idaho Code,  provides  authority  to  the  Idaho
 37    Water Resource Board to cooperate in water studies, planning and research; and
 38        WHEREAS,  the Idaho Water Resource Board prepared an inventory of data and
 39    information as part of the Board's comprehensive basin planning study  of  the
 40    Eastern  Snake River Plain Aquifer and tributary basins entitled the "Resource
 41    Inventory Upper Snake River Basin," in 1998, which  provides  information  for
 42    the development of a comprehensive aquifer management plan; and
 43        WHEREAS, the state of Idaho has taken initial steps to address the Eastern
 44    Snake  River  Plain  water supply conflict through funding and development of,
                                                                        
                                           2
                                                                        
  1    among other things,  a Conservation Reserve Enhancement Program; and
  2        WHEREAS, the Idaho Legislature enacted  Section  42-620,  Idaho  Code,  in
  3    2005,  to  provide  for funding necessary to support and to expand the Eastern
  4    Snake River Plain monitoring  and  data  gathering  activities  of  the  Idaho
  5    Department of Water Resources; and
  6        WHEREAS,  certain  holders  of  surface  and ground water rights have been
  7    engaged in good faith negotiations to develop a potential framework for  reso-
  8    lution  of the Eastern Snake River Plain surface/ground water rights conflict;
  9    and
 10        WHEREAS, the Idaho Legislature is determined to facilitate and encourage a
 11    resolution of the surface/ground water rights conflict that respects  existing
 12    water rights.
 13        NOW,  THEREFORE,  BE IT RESOLVED by the members of the Second Regular Ses-
 14    sion of the Fifty-eighth Idaho Legislature, the Senate and the House of Repre-
 15    sentatives concurring therein, that we request that the Idaho  Water  Resource
 16    Board  expeditiously  pursue,  with support from the Idaho Department of Water
 17    Resources, development of a comprehensive  aquifer  management  plan  for  the
 18    Eastern  Snake River Plain Aquifer for submission to and approval by the Idaho
 19    Legislature.
 20        BE IT FURTHER RESOLVED that the Idaho Water Resource Board receive  public
 21    input  regarding  the development of goals, objectives and methods for manage-
 22    ment of the Eastern Snake River Plain Aquifer from affected water right  hold-
 23    ers,  cities  and  counties, the general public and relevant state and federal
 24    agencies; and
 25        BE IT FURTHER RESOLVED that the Idaho Water Resource Board is requested to
 26    report to the First Regular Session of the Fifty-ninth  Idaho  Legislature  on
 27    the  status  of the development of the comprehensive Eastern Snake River Plain
 28    Aquifer management plan. The report should set forth a framework for the plan,
 29    including appropriate interim goals and objectives in  accordance  with  state
 30    law,  a  method  to  fund  implementation  of the plan and a time schedule for
 31    finalization of the plan.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 16310C1

The primary parties who are in dispute over the use of surface and
groundwater hydraulically connected to the Snake Plain Aquifer
system have been negotiating to settle their differences outside of
litigation.  These parties are negotiating a framework for that
settlement that makes it critical that the State of Idaho Water
Resource Board establish public policy with regard to future
management of the aquifer system, under state water law.  This
Senate Concurrent Resolution directs the IWRB to begin that plan of
development under their water planning authority, and to report
it's progress to the next session of the Idaho Legislature. 
Adoption of the resolution, and direction to the IWRB is critical
to the continued progress to settle the dispute outside of
litigation and is in the public interest.


                           FISCAL NOTE

There is no fiscal impact anticipated beyond FY2007 appropriated
funds.





Contact
Name: Senator Bart M. Davis 
Phone: 332-1305


STATEMENT OF PURPOSE/FISCAL NOTE                       SCR 136