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H0792.....................................................by WAYS AND MEANS
COAL FIRED POWER PLANTS - WATER USE - LEGISLATIVE APPROVAL - Amends
existing law to require legislative approval, until July 1, 2008, of any
water right or combination of water rights with a diversion rate equal to
or greater than two cfs or for a storage volume equal to or greater than
one thousand four hundred fifty acre-feet, if the use of such right is in
conjunction with the coal fired generation of electricity other than
integrated gasification combined cycle technology where coal is not burned
but rather is oxidized as a power source, thereby reducing the
environmental impact on the public water resource.
03/09 House intro - 1st rdg - to printing
03/10 Rpt prt - to Res/Con
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 792
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO CHANGE IN POINT OF DIVERSION, PLACE OF USE, PERIOD OF USE OR
3 NATURE OF USE OF WATER; AMENDING SECTION 42-108, IDAHO CODE, TO PROVIDE
4 THAT LEGISLATIVE APPROVAL SHALL BE REQUIRED FOR A TIME CERTAIN FOR ANY
5 PERMANENT OR TEMPORARY CHANGE IN POINT OF DIVERSION, PERIOD OF USE, OR
6 NATURE OF USE FOR ANY WATER RIGHT OR COMBINATION OF WATER RIGHTS WITH A
7 DIVERSION RATE EQUAL TO OR GREATER THAN TWO CFS OR FOR A STORAGE VOLUME
8 EQUAL TO OR GREATER THAN ONE THOUSAND FOUR HUNDRED FIFTY ACRE-FEET IF THE
9 USE OF SUCH RIGHT(S) IS IN CONJUNCTION WITH THE COAL FIRED GENERATION OF
10 ELECTRICITY, WITH AN EXCEPTION; AND DECLARING AN EMERGENCY.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 42-108, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 42-108. CHANGE IN POINT OF DIVERSION, PLACE OF USE, PERIOD OF USE, OR
15 NATURE OF USE -- APPLICATION OF ACT. The person entitled to the use of water
16 or owning any land to which water has been made appurtenant either by a decree
17 of the court or under the provisions of the constitution and statutes of this
18 state, may change the point of diversion, period of use, or nature of use,
19 and/or may voluntarily abandon the use of such water in whole or in part on
20 the land which is receiving the benefit of the same and transfer the same to
21 other lands, if the water rights of others are not injured by such change in
22 point of diversion, place of use, period of use, or nature of use, provided;
23 if the right to the use of such water, or the use of the diversion works or
24 irrigation system is represented by shares of stock in a corporation or if
25 such works or system is owned and/or managed by an irrigation district, no
26 change in the point of diversion, place of use, period of use, or nature of
27 use of such water shall be made or allowed without the consent of such corpo-
28 ration or irrigation district. Any permanent or temporary change in period or
29 nature of use in or out-of-state for a quantity greater than fifty (50) cfs or
30 for a storage volume greater than five thousand (5,000) acre-feet shall
31 require the approval of the legislature, except that any temporary change
32 within the state of Idaho for a period of less than three (3) years may be
33 approved by the director without legislative approval; provided however, that,
34 notwithstanding the foregoing, on and after the effective date of this act and
35 until July 1, 2008, any water right or combination of water rights with a
36 diversion rate equal to or greater than two (2) cfs or for a storage volume
37 equal to or greater than one thousand four hundred fifty (1,450) acre-feet
38 shall require approval of the legislature if the use of such right(s) is in
39 conjunction with the coal fired generation of electricity other than inte-
40 grated gasification combined cycle technology where coal is not burned but
41 rather is oxidized as a power source, thereby reducing the environmental
42 impact on the public water resource.
43 Any person desiring to make such change of point of diversion, place of
2
1 use, period of use, or nature of use of water shall make application for
2 change with the department of water resources under the provisions of section
3 42-222, Idaho Code. After the effective date of this act, no person shall be
4 authorized to change the period of use or nature of use, point of diversion or
5 place of use of water unless he has first applied for and received approval of
6 the department of water resources under the provisions of section 42-222,
7 Idaho Code.
8 SECTION 2. An emergency existing therefor, which emergency is hereby
9 declared to exist, this act shall be in full force and effect on and after its
10 passage and approval.
STATEMENT OF PURPOSE
RS 16227
This legislation amends Idaho Code Section 42-108 to require
legislative approval until July 1, 2008, of any change in point
of diversion or nature of use of any water right or combination
of water rights with a diversion rate equal to or greater than
two (2) cfs or storage volume of 1450 acre-feet if use of such
right(s) is in conjunction with the coal-fired generation of
electricity other than integrated gasification combined cycle
technology where coal is not burned but oxidized as a power
source. This bill ensures that the legislature will have an
opportunity to evaluate the effect of such coal-fired generation
on the water resources of the State of Idaho.
FISCAL NOTE
This legislation has no fiscal impact on the state general fund
or any local government funds.
Contact
Name: Rep. Bruce Newcomb, Speaker
Rep. Wendy Jaquet
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 792