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H0358.....................................................by WAYS AND MEANS
MINIMUM STREAM FLOW - LEMHI RIVER - Adds to existing law to authorize the
Water Resource Board to appropriate a minimum stream flow right in a
designated reach of the Lemhi River; and to direct the Water Resource Board
to appoint a local rental committee to facilitate operation of the water
supply bank within the Lemhi River Basin.
03/12 House intro - 1st rdg - to printing
03/13 Rpt prt - to Res/Con
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 64-0-6
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Chase, Collins, Crow, Cuddy, Deal,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Gould, Hadley, Hammond, Harwood, Higgins, Hornbeck, Jaquet, Jones,
Kellogg, Kendell, Lake, Langford, Loertscher, Mader, Marley, McKague,
Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Shepherd,
Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wood, Young,
Mr. Speaker
NAYS -- None
Absent and excused -- Campbell, Clark, Henbest, Kunz, Sellman,
Wheeler
Floor Sponsors -- Wood & Barrett
Title apvd - to Senate
03/19 Senate intro - 1st rdg - to Res/Env
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Dunklin, Frasure, Geddes,
Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge,
Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Deide
Floor Sponsor -- Burtenshaw
Title apvd - to House
03/23 To enrol - rpt enrol - Sp signed
03/26 Pres signed - to Governor
04/10 Governor signed
Session Law Chapter 373
Effective: 04/10/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 358
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO MINIMUM STREAM FLOWS; AMENDING CHAPTER 15, TITLE 42, IDAHO CODE,
3 BY THE ADDITION OF A NEW SECTION 42-1506, IDAHO CODE, TO AUTHORIZE THE
4 WATER RESOURCE BOARD TO APPROPRIATE A MINIMUM STREAM FLOW WATER RIGHT IN A
5 DESIGNATED REACH OF THE LEMHI RIVER; AMENDING CHAPTER 17, TITLE 42, IDAHO
6 CODE, BY THE ADDITION OF A NEW SECTION 42-1765A, IDAHO CODE, TO DIRECT THE
7 BOARD TO APPOINT A LOCAL RENTAL COMMITTEE TO FACILITATE OPERATION OF THE
8 WATER SUPPLY BANK WITHIN THE LEMHI RIVER BASIN AND TO PROVIDE FOR USE OF
9 THE WATER SUPPLY BANK TO MAINTAIN THE BOARD'S MINIMUM STREAM FLOW WATER
10 RIGHT; AND DECLARING AN EMERGENCY.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Chapter 15, Title 42, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 42-1506, Idaho Code, and to read as follows:
15 42-1506. LEMHI RIVER -- MINIMUM STREAM FLOW APPROPRIATION. (1) The water
16 resource board is hereby authorized and directed to appropriate and hold in
17 trust for the people of the state of Idaho a minimum stream flow water right
18 in a designated reach of the Lemhi river in accordance with the provisions of
19 this section. The minimum stream flow appropriation in the designated reach
20 shall be in the amount of thirty-five (35) cfs from January 1 through December
21 31, provided that fifteen (15) cfs of the appropriation shall be subordinated
22 to all diversions, including high waters or flood waters, authorized under the
23 Lemhi river basin decree (Lemhi County Case No. 4948). The designated reach
24 begins at water diversion L-6 located on the Lemhi river in the southeast
25 quarter (1/4) of section twenty-four (24), township twenty-one (21) north,
26 range twenty-two (22) east of the Boise meridian, and ends at the confluence
27 of the Lemhi river with the Salmon river near the southwest corner of section
28 thirty-two (32), township twenty-two (22) north, range twenty-two (22) east of
29 the Boise meridian, Lemhi county.
30 (2) The water resource board shall appropriate the minimum stream flow
31 water right authorized under this section in accordance with the provisions of
32 section 42-1503, Idaho Code. In acting upon the application for permit, the
33 director of the department of water resources need not determine that the
34 appropriation is capable of being maintained based upon records of existing
35 stream flows because it is anticipated that the water right will be maintained
36 through operation of the water supply bank within the Lemhi river basin con-
37 sistent with the provisions of section 42-1765A, Idaho Code.
38 (3) Upon the board's filing of an application for permit to appropriate
39 water as directed by this section, the director of the department of water
40 resources is authorized and directed, on an interim basis pending final action
41 on the application for permit, to distribute water under the filing in accor-
42 dance with the doctrine of prior appropriation using a priority date as of the
43 filing of the application for permit.
2
1 SECTION 2. That Chapter 17, Title 42, Idaho Code, be, and the same is
2 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
3 ignated as Section 42-1765A, Idaho Code, and to read as follows:
4 42-1765A. LEMHI RIVER BASIN -- LOCAL RENTAL COMMITTEE. (1) The water
5 resource board will appoint a local rental committee to facilitate operation
6 of the water supply bank within the Lemhi river basin comprised of the Lemhi
7 river and all tributary water sources. Section 42-1765, Idaho Code, and the
8 board's water supply bank rules applicable to the operation of a storage water
9 rental pool shall apply to the operation of the water supply bank in the Lemhi
10 river basin, except as inconsistent with this section.
11 (2) When so appointed, the local rental committee for the Lemhi river
12 basin shall have authority to rent natural flow water rights between consent-
13 ing owners and consenting renters.
14 (3) Rights to the use of water for a portion of the approved period of
15 use under a water right may be accepted into the water supply bank and rented
16 out to satisfy the board's minimum stream flow water right authorized under
17 section 42-1506, Idaho Code, provided the owner demonstrates to the satisfac-
18 tion of the director that there will be an equivalent reduction in the extent
19 of beneficial use made under the right.
20 SECTION 3. An emergency existing therefor, which emergency is hereby
21 declared to exist, this act shall be in full force and effect on and after its
22 passage and approval.
STATEMENT OF PURPOSE
RS 11250
In the early 1900's, anadromous fish were extirpated from
the Lemhi River as a result of the construction of a
hydroelectric dam. After the removal of the dam, efforts
were undertaken to restore anadromous fish to the Lemhi Basin.
Through the combined efforts of Lemhi water users, the Lemhi
Model Watershed Project, and state and federal agencies, numerous
projects have been completed for the benefit of anadromous fish.
This legislation is in furtherance of those efforts. The legislation
would create a voluntary mechanism for providing additional flows in
the lower Lemhi River during time of low flow.
The legislation would authorize the Idaho Water Resource Board to
apply for an instream flow in the Lemhi River from the L-6 diversion
to the mouth of the river pursuant to Chapter 15, Title 42, Idaho Code.
The Director, however, would be relieved of the duty to find that the
appropriation is capable of being maintained. Instead, the water
necessary to maintain the water right would be obtained through the
Idaho Water Resource Board’s water supply bank.
The legislation would authorize the Idaho Water Resource Board to
appoint a local rental committee to facilitate operation of the water
supply bank within the Lemhi River basin comprised of the Lemhi River
and all tributary water sources. The purpose for creation of the
local rental committee is to provide for local decision making
regarding the operation of the water supply bank.
Natural flow rights could be rented for less than the entire season
to the extent that the owner demonstrates an equivalent reduction in
the extent of beneficial use made under the right. The legislation
includes an emergency clause because of the need to have statutory
authority to address this issue during the 2001 irrigation season.
This voluntary market based mechanism will help to resolve local
water related issues and will minimize potential impacts on the local
economy.
FISCAL IMPACT
Additional appropriations from the General Account are not required
if this bill is enacted.
Contact
Name: Rep. Cameron Wheeler
Rep. Lenore Barrett
Rep. JoAn Wood
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 358