1999 Legislation
Print Friendly

SENATE BILL NO. 1151 – Payette River Basin, water plan

SENATE BILL NO. 1151

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



S1151..........................................by RESOURCES AND ENVIRONMENT
PAYETTE RIVER BASIN - Ratifying and approving the comprehensive State Water
Plan for the Payette River Basin as adopted by the Idaho Water Resources
Board on February 5, 1999.

02/11    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Res/Env
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 27-0-8
      AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Crow,
      Danielson, Darrington, Davis, Dunklin, Frasure, Geddes, Hawkins,
      Ingram, Keough, Lee, Richardson, Riggs, Risch, Sandy, Schroeder,
      Sorensen, Stegner, Stennett, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Burtenshaw, Deide, Ipsen, King, McLaughlin, Noh,
      Parry, Thorne
    Floor Sponsor - Danielson
    Title apvd - to House
03/05    House intro - 1st rdg - to Res/Con
03/12    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/17    3rd rdg - PASSED - 60-0-10
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
      Callister, Campbell, Chase, Clark, Crow, Deal, Denney, Ellsworth,
      Field(13), Field(20), Gagner, Geddes, Hammond, Hansen(23),
      Hansen(29), Henbest, Hornbeck, Judd, Kellogg, Kempton, Kendell, Kunz,
      Limbaugh, Linford, Loertscher, Mader, Marley, McKague, Meyer(Duncan),
      Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
      Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson,
      Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Wheeler, Williams,
      Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Black, Cuddy, Gould, Hadley, Jaquet, Jones,
      Lake, Montgomery, Watson, Wood
    Floor Sponsor - Robison, Hansen(29)
    Title apvd - to Senate
03/18    To enrol - rpt enrol - Pres signed - Sp signed
03/19    To Governor
03/26    Governor signed
         Session Law Chapter 364
         Effective: 03/26/99

Bill Text


S1151


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1151

                          BY RESOURCES AND ENVIRONMENT COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE COMPREHENSIVE STATE WATER PLAN; RATIFYING  AND  APPROVING  THE
 3        COMPREHENSIVE  STATE  WATER PLAN FOR THE PAYETTE RIVER BASIN AS ADOPTED BY
 4        THE IDAHO WATER RESOURCE BOARD ON FEBRUARY 5, 1999  AND  CORRECTING  TYPO-
 5        GRAPHICAL ERRORS; AND DECLARING AN EMERGENCY.

 6    Be It Enacted by the Legislature of the State of Idaho:

 7        SECTION  1.  That pursuant to section 42-1734B(6), Idaho Code, the compre-
 8    hensive state water plan for the Payette River Basin, adopted by resolution of
 9    the Idaho Water Resource Board on February 5, 1999, be, and the same is hereby
10    ratified and approved. In accordance with section 42-1734A,  Idaho  Code,  the
11    basin  plan includes the protected river reach designations summarized as fol-
12    lows:
13        (1)  North Fork Payette River, Cabarton  Bridge  to  Rainbow  Bridge  (9.6
14             miles) - recreational
15        (2)  South Fork Payette River, Deadwood River confluence to Big Pine Creek
16             confluence (7.9 miles) - recreational
17             The following activities are prohibited on these reaches:
18                  -construction or expansion of dams or impoundments;
19                  -construction of hydropower projects;
20                  -construction of water diversion works;
21                  -dredge or placer mining;
22                  -mineral  or  sand  and gravel extraction within the  steam
23                    stream  bed; and
24                  -stream channel alterations.
25             Exceptions to the above prohibitions include:
26                  -New diversion works shall be limited to pump installations that
27                  do not create an obstruction in the river, and are sized to sup-
28                  ply water for the standard domestic  definition  or  a  capacity
29                  sufficient  for stock water or developed rest areas, picnic, and
30                  campground purposes (not to exceed  a  diversion  rate  of  0.04
31                  cubic feet per second).
32                  -Stream  channel  alterations  necessary to maintain and improve
33                  existing utilities, roadways, managed stream access  facilities,
34                  diversion  works,  and  for  the maintenance of real (private or
35                  public) property.
36        (3)  North Fork Payette River, Rainbow Bridge to Banks (18.4 miles) - rec-
37             reational
38        (4)  South Fork Payette River, Middle Fork confluence to Banks (7.6 miles)
39             - recreational
40        (5)  Payette River, Banks to Beehive Bend boat access (7.2 miles) - recre-
41             ational
42             The following activities are prohibited on these reaches:
43                  -construction or expansion of dams or impoundments;
44                  -construction of hydropower projects;


                                      2

 1                  -construction of water diversion works;
 2                  -dredge or placer mining;
 3                  -mineral or sand and gravel extraction within  the    steam
 4                    stream  bed; and
 5                  -stream channel alterations.
 6             Exceptions to the above prohibitions include:
 7                  -New diversion works shall be limited to pump installations that
 8                  do not create an obstruction in the river for the following pur-
 9                  poses:  Irrigation  of  basin lands; stock water; developed rest
10                  areas, picnic and campground areas; and  for  domestic,  commer-
11                  cial, municipal and industrial needs.
12                  -Stream  channel  alterations  necessary to maintain and improve
13                  existing utilities, roadways, managed stream access  facilities,
14                  diversion  works,  and  for the maintenance of real (private and
15                  public) property.
16        (6)  South Fork Payette River, Sawtooth National Recreation Area  boundary
17             to Deadwood River confluence (20.3 miles) - recreational
18        (7)  South  Fork  Payette  River, Big Pine Creek confluence to Middle Fork
19             confluence (16.0 miles) - recreational
20             The following activities are prohibited on these reaches:
21                  -construction or expansion of dams or impoundments;
22                  -construction of hydropower projects;
23                  -construction of water diversion works;
24                  -dredge or placer mining;
25                  -mineral or sand and gravel extraction within  the    steam
26                    stream  bed; and
27                  -stream channel alterations.
28             Exceptions to the above prohibitions include:
29                  -New  diversion works shall be limited to pump installation that
30                  do not create an obstruction in the river for the following pur-
31                  poses:  Irrigation of basin lands; stock water;  developed  rest
32                  areas,  picnic  and  campground areas; and for domestic, commer-
33                  cial, municipal and industrial needs.
34                  -Stream channel alterations necessary to  maintain  and  improve
35                  existing  utilities, roadways, managed stream access facilities,
36                  diversion works, and for the maintenance of  real  (private  and
37                  public) property.
38                  -Recreational  dredge  mining  is  permitted as regulated by the
39                  Idaho Department of Water  Resources  and  Idaho  Department  of
40                  Lands.
41        (8)  North  Fork Payette Headwaters (including Cloochman and Trail Creeks)
42             to Payette Lake Inlet (23.6 miles) - recreational
43             The following activities are prohibited on this reach:
44                  -construction or expansion of dams or impoundments;
45                  -construction of hydropower projects;
46                  -construction of water diversion works;
47                  -dredge or placer mining;
48                  -mineral or sand and gravel extraction within  the    steam
49                    stream  bed; and
50                  -stream channel alterations.
51             Exceptions to the above prohibitions include:
52                  -Stream  channel  alterations  necessary to maintain and improve
53                  existing utilities, roadways, managed stream access  facilities,
54                  diversion  works,  and  for the maintenance of real (private and
55                  public) property.


                                      3

 1                  -Alterations of the stream channel for installation of fisheries
 2                  enhancement structures and other activities necessary for  fish-
 3                  ery management.
 4                  -This designation is not intended to restrict current and future
 5                  operations  at Upper Payette Lake by the Lake Reservoir Company,
 6                  including enlargement of the dam or lake.

 7        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 8    declared to exist, this act shall be in full force and effect on and after its
 9    passage and approval.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE
                                
                            RS08970
                               
                                Passage of this proposed legislation will give final approval to the Payette River
  Basin component of the Comprehensive State Water Plan.  The Payette Basin Plan
  examines the water and related resources within the entire basin, and contains basin-wide water management recommendations and actions to protect waterways and to
  pursue minimum streamflows.  The Plan protects 111 miles as state Recreational
  Rivers, and commits the Board to apply for a new minimum streamflow for the
  North Fork Payette River from Upper Payette Lake to Payette Lake.
  
                         FISCAL IMPACT
                               
                                Fiscal impact is anticipated to be positive over the long term.  State protected river
  designations provide a safeguard for river reaches with outstanding scenic,
  recreational and fish and wildlife values.  These designations improve the overall
  quality of life and enhance tourism opportunities within the region.  Designations
  cannot interfere with vested property rights, and are conditioned, where
  appropriate, to provide for development and continued utiliation of the basin's
  natural resources.
  
  
  
  
  
  CONTACT:     Karl Dreher, Director
          Department of Water Resources
          208-327-7910
  
  STATEMENT OF PURPOSE/FISCAL IMPACT         S1151