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H0537.........................................by RESOURCES AND CONSERVATION
STATE WATER PLAN - Amends existing law to provide that the State Water Plan
shall consist of Part A, Statewide Policies, Goals and Objectives, and Part
B, Component Water Resource Plans; to provide that the board shall review
and reevaluate the parts of the plan upon the adoption of a Concurrent
Resolution of the Legislature directing the review or requesting a specific
amendment to the plan; to provide that the Water Resource Board may
undertake a review of the plan in response to an appropriately filed
petition or upon the board's own initiative and to provide that any
amendments to Part A or B of the plan shall be adopted in the same manner
as the original plan.
01/28 House intro - 1st rdg - to printing
01/29 Rpt prt - to Res/Con
02/06 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/11 3rd rdg - PASSED - 66-0-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Miller, Mortensen, Newcomb, Pischner, Reynolds, Richman,
Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone,
Stubbs, Taylor, Tilman, Tippets, Watson, Wheeler, Zimmermann,
Mr Speaker
NAYS -- None
Absent and excused -- Kellogg, Pomeroy, Trail, Wood
Floor Sponsors - Hansen, Barraclough
Title apvd - to Senate
02/12 Senate intro - 1st rdg - to Res/Env
02/17 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Stennett, Sweeney,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Sorensen
Floor Sponsor - Lee
Title apvd - to House
03/11 To enrol
03/12 Rpt enrol - Sp signed
03/13 Pres signed
03/16 To Governor
03/18 Governor signed
Session Law Chapter 63
Effective: 07/01/98
H0537|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 537 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO THE COMPREHENSIVE STATE WATER PLAN; AMENDING SECTION 42-1734A, 3 IDAHO CODE, TO PROVIDE THAT THE COMPREHENSIVE STATE WATER PLAN SHALL CON- 4 SIST OF PART A -- STATEWIDE POLICIES, GOALS AND OBJECTIVES, AND PART B -- 5 COMPONENT WATER RESOURCE PLANS; AND AMENDING SECTION 42-1734B, IDAHO CODE, 6 TO PROVIDE THAT THE BOARD SHALL REVIEW AND REEVALUATE PART A OR ANY ONE OR 7 MORE OF THE COMPONENTS OF PART B OF THE PLAN UPON THE ADOPTION OF A CON- 8 CURRENT RESOLUTION OF THE LEGISLATURE DIRECTING THE REVIEW OR REQUESTING A 9 SPECIFIC AMENDMENT TO THE PLAN, TO PROVIDE THAT THE BOARD ALSO MAY UNDER- 10 TAKE THE REVIEW IN RESPONSE TO AN APPROPRIATELY FILED PETITION, OR UPON 11 THE BOARD'S OWN INITIATIVE, AND TO PROVIDE THAT ANY AMENDMENTS TO PART A 12 OR PART B OF THE PLAN SHALL BE ADOPTED IN THE SAME MANNER AS THE ORIGINAL 13 PLAN. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 42-1734A, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 42-1734A. COMPREHENSIVE STATE WATER PLAN. (1) The board shall, subject to 18 legislative approval, progressively formulate, adopt and implement a compre- 19 hensive state water plan for conservation, development, management and optimum 20 use of all unappropriated water resources and waterways of this state in the 21 public interest. The comprehensive state water plan shall consist of: 22 Part A -- statewide policies, goals and objectives; and Part B -- component 23 water plans for individual waterways, river basins, drainage areas, river 24 reaches, ground water aquifers or other geographic designations. As 25 part of Part B of the comprehensive state water plan, the board 26 may designate selected waterways as protected rivers as provided in this chap- 27 ter. The comprehensive state water plan shall be based upon studies and public 28 hearings in affected areas at which all interested parties shall be given the 29 opportunity to appear, or to present written testimony in response to pub- 30 lished proposals for such policy programs and proposed designations. A minimum 31 of sixty (60) days shall be allowed between publication of a proposal and the 32 date on which no further testimony on the proposal will be accepted. All com- 33 ments in writing shall be preserved as a part of the record of the board. In 34 adopting a comprehensive state water plan the board shall be guided by these 35 criteria: 36 (a) Existing rights, established duties, and the relative priorities of 37 water established in article XV, section 3, of the constitution of the 38 state of Idaho, shall be protected and preserved; 39 (b) Optimum economic development in the interest of and for the benefit 40 of the state as a whole shall be achieved by integration and coordination 41 of the use of water and the augmentation of existing supplies and by pro- 42 tection of designated waterways for all beneficial purposes; 43 (c) Adequate and safe water supplies for human consumption and maximum 2 1 supplies for other beneficial uses shall be preserved and protected; 2 (d) Subject to prior existing water rights for the beneficial uses now or 3 hereafter prescribed by law, minimum stream flow for aquatic life, recre- 4 ation and aesthetics and the minimization of pollution and the protection 5 and preservation of waterways in the manner hereafter provided shall be 6 fostered and encouraged and consideration shall be given to the develop- 7 ment and protection of water recreation facilities; 8 (e) Watershed conservation practices consistent with sound engineering 9 and economic principles shall be encouraged. 10 (2) The board may develop a comprehensive state water plan in stages 11 based upon waterways, river basins, drainage areas, river reaches, groundwater 12 aquifers, or other geographic considerations. The component of the comprehen- 13 sive state water plan prepared for particular water resources and waterways 14 shall contain, among other things, the following: 15 (a) A description of the water resources and waterway or waterways that 16 are the subject of the plan, including pertinent maps detailing the geo- 17 graphic area of the plan; 18 (b) A description of the significant resources of the water resources and 19 waterway or waterways; 20 (c) A description of the various existing and planned uses for these 21 resources including currently undeveloped areas of the waterway and future 22 plans for those areas, with a discussion of the advantages and disadvan- 23 tages associated with each planned use; and 24 (d) A discussion of goals, objectives, and recommendations for improving, 25 developing, or conserving the water resources and waterway or waterways in 26 relation to these resources, including an examination of how different 27 uses will promote the overall public interest, a statement as to the goals 28 the plan expects to achieve, and an analysis of how any specific recommen- 29 dations further those goals. A description of the methodology used in 30 developing the plan shall be included. 31 (3) The description of the resources and uses in subsections (2)(b) and 32 (2)(c) of this section shall contain, among other things: 33 (a) navigation; 34 (b) power development; 35 (c) energy conservation; 36 (d) fish and wildlife; 37 (e) recreational opportunities; 38 (f) irrigation; 39 (g) flood control; 40 (h) water supply; 41 (i) timber; 42 (j) mining; 43 (k) livestock watering; 44 (l) scenic values; 45 (m) natural or cultural features; 46 (n) domestic, municipal, commercial and industrial uses; and 47 (o) other aspects of environmental quality and economic development. 48 (4) The comprehensive state water plan may designate protected rivers. 49 Designations shall be based upon a determination by the board that the value 50 of preserving a waterway for particular uses outweighs that of developing the 51 waterway for other beneficial uses and shall specify whether a protected river 52 is designated as a natural or recreational river. The plan may also describe 53 those water resources and waterways which are not designated as protected 54 rivers. 55 (5) In designating a natural river, the board shall prohibit the follow- 3 1 ing activities: 2 (a) construction or expansion of dams or impoundments; 3 (b) construction of hydropower projects; 4 (c) construction of water diversion works; 5 (d) dredge or placer mining; 6 (e) alterations of the stream bed; and 7 (f) mineral or sand and gravel extraction within the stream bed. 8 (6) In designating a recreational river, the board shall determine which 9 of the activities listed in subsection (5) of this section shall be prohibited 10 and may specify the terms and conditions under which activities that are not 11 prohibited may go forward. 12 (7) Any prohibition or terms and conditions imposed pursuant to subsec- 13 tions (5) and (6) of this section shall remain in effect until the legislature 14 acts upon the recommendation of the board as provided in section 42-1734B, 15 Idaho Code, or until the legislature revokes its earlier approval of a pro- 16 tected river by law. 17 SECTION 2. That Section 42-1734B, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 42-1734B. BOARD PROCEDURES FOR ADOPTING A COMPREHENSIVE STATE WATER PLAN. 20 (1) Prior to the adoption of the comprehensive state water plan or any compo- 21 nent of the comprehensive plan, the board shall conduct hearings in the manner 22 provided in section 42-1734A, Idaho Code. 23 (2) In the preparation, adoption, and implementation of the comprehensive 24 state water plan, the board shall encourage the cooperation, participation, 25 and assistance of state agencies. The board also shall solicit economic, 26 energy, environmental, and other technical studies and recommendations from 27 state agencies with particular expertise. All agencies of the state of Idaho 28 shall cooperate with the board by providing requested existing information and 29 studies pertaining in any manner to any matters which are the subject of this 30 act. The board shall have discretion to balance all factors relevant to the 31 formulation, adoption and implementation of the comprehensive state water plan 32 and implementation and the designation of protected rivers. 33 (3) Any state agency may petition the board to amend the comprehensive 34 state water plan. The board shall review any petition filed pursuant to this 35 section within six (6) months after it is filed and shall either commence 36 action to amend the comprehensive plan or set forth its reasons for denying 37 the request in writing. 38 (4) All state agencies shall exercise their duties in a manner consistent 39 with the comprehensive state water plan. These duties include but are not lim- 40 ited to the issuance of permits, licenses, and certifications; provided, how- 41 ever, that nothing in this chapter shall be construed to affect the authority 42 of any state agency with respect to activities not prohibited by the compre- 43 hensive state water plan. The designation of a waterway as a natural or recre- 44 ation river shall not preclude the department of health and welfare from 45 establishing water quality standards for such waterway. 46 (5) When a comprehensive state water plan is adopted, copies thereof 47 shall be filed in the office of the governor and director of the department of 48 water resources, and published and distributed generally. 49 (6) The comprehensive state water plan and any component thereof devel- 50 oped for a particular waterway or waterways is subject to review and amendment 51 by the legislature of the state of Idaho by law at the regular session immedi- 52 ately following the board's adoption of the comprehensive state water plan or 53 component thereof. The board shall submit all subsequent modifications to the 4 1 legislature in the same manner as provided in this subsection. 2 (7) The board shall review and reevaluate Part A of the com- 3 prehensive state water plan ,at least every five (5) years,4withor any one (1) or more of the component water plans compris- 5 ing Part B of the comprehensive state water plan, upon the adoption of a con- 6 current resolution of the legislature directing the review or requesting a 7 specific amendment to the plan. The board also may undertake the review in 8 response to a petition for amendment filed pursuant to subsection (3) of this 9 section, or upon the board's own initiative, as determined necessary by the 10 board. Aamendments to Part A or Part B of the com- 11 prehensive state water plan shall be adopted in the same manner as the 12 original plan. 13 (8) A protected river designated by the board shall not become a final 14 part of the comprehensive state water plan until approved by law. If the leg- 15 islature does not approve a protected river by law at the regular session 16 immediately following the board's designation of such protected river, then 17 the designation of such protected river shall terminate and any prohibition or 18 terms and conditions imposed on such protected river pursuant to subsection 19 (5) or (6) of section 42-1734A, Idaho Code, shall be terminated ten (10) days 20 following the end of the session. The failure to approve a protected river 21 shall not operate to invalidate a comprehensive plan or component thereof. 22 Nothing in this subsection shall prevent the legislature, however, from 23 approving such protected river and reinstituting or modifying such prohibi- 24 tions or terms and conditions in a subsequent session. 25 (9) After adoption of a comprehensive plan or component thereof, the 26 board shall administer the implementation of the plan.
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STATEMENT OF PURPOSE
RS07483
The Water Resource Board is charged with the responsibility to
develop and adopt comprehensive plans for river basins. Once
adopted, the comprehensive plans are to be reviewed on a
five-year interval. The Board is also responsible to review
and reevaluate the State Water Plan at least every five years.
The periodic review of the adopted plans uses much of the
Idaho Department of Water Resources planning staff resources
and slows the development and adoption of plans needed for
other basins. The proposal would relax the mandatory
requirement to make periodic reviews and revisions of adopted
plans.
FISCAL IMPACT
The amendment of the review of the comprehensive state water
plan would reduce the staff workload and hence the number of
staff required to complete the required plan reviews.
CONTACT Name: Karl Dreher/Wayne Haas Agency: Department of
Water Resources Phone: 327-7910
Statement of Purpose/Fiscal Impact
H 537