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H0667aa,aaS...................................by RESOURCES AND CONSERVATION
WATER RIGHTS - LIVESTOCK USE - Amends existing law to provide the priority
of beneficial use assigned to livestock watering on federally owned or
managed land shall be the first date of beneficial use for livestock
watering by the applicant or by his predecessors.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to Res/Con
02/26 Rpt out - to Gen Ord
02/26 Rpt out amen - to engros
02/27 Rpt engros - 1st rdg - to 2nd rdg as amen
03/02 2nd rdg - to 3rd rdg as amen
03/05 3rd rdg as amen - PASSED - 62-1-7
AYES -- Alltus, Barrett, Bell, Bieter, Bivens, Black(15), Black(23),
Boe, Bruneel, Campbell, Chase, Clark, Crane, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hansen, Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20), Judd,
Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Miller, Mortensen,
Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison, Sali,
Schaefer, Stevenson, Stubbs, Taylor, Tilman, Trail, Watson, Wheeler,
Wood, Zimmermann, Mr Speaker
NAYS -- Stone
Absent and excused -- Barraclough, Callister, Crow, Henbest, Newcomb,
Stoicheff, Tippets
Floor Sponsor - Field(20)
Title apvd - to Senate
03/06 Senate intro - 1st rdg as amen - to Res/Env
03/12 Rpt out - to 14th Ord
Rpt out amen - to 1st rdg as amen
03/13 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/16 3rd rdg as amen - PASSED - 30-5-0
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Frasure, Geddes, Hansen, Hawkins,
Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson,
Riggs, Risch, Sandy, Sorensen, Thorne, Twiggs, Wheeler
NAYS--Dunklin, Schroeder, Stennett, Sweeney, Whitworth
Absent and excused--None
Floor Sponsors - Branch, King
Title apvd - to House
03/17 House concurred in Senate amens - to engros
03/18 Rpt engros - 1st rdg - to 2nd rdg as amen
03/19 2nd rdg - to 3rd rdg as amen
03/19 Rls susp - PASSED - 67-0-3
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(20), Judd, Kellogg, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Loertscher, Marley, McKague, Meyer,
Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone,
Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood,
Zimmermann
NAYS -- None
Absent and excused -- Jones(22), Mader, Mr Speaker
Floor Sponsor - Field(20)
Title apvd - to enrol
03/20 Rpt enrol - Sp signed
Pres signed - to Governor
03/25 Governor signed
Session Law Chapter 344
Effective: 03/25/98
H0667|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 667, As Amended, As Amended in the Senate BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO WATER RIGHTS FOR LIVESTOCK USE; AMENDING SECTION 42-113, IDAHO 3 CODE, TO PROVIDE THE PRIORITY OF BENEFICIAL USE ASSIGNED TO LIVESTOCK 4 WATERING ON FEDERALLY OWNED OR MANAGED LAND SHALL BE THE FIRST DATE OF 5 BENEFICIAL USE FOR LIVESTOCK WATERING; AND DECLARING AN EMERGENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 42-113, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 42-113. IN-STREAM AND OTHER WATER USE FOR LIVESTOCK10USE. (1) A permit may be issued, but shall not be 11 required for appropriation of water for the in-stream watering of livestock. 12 In the consideration of applications for permits to appropriate water for 13 other purposes, the director of the department of water resources shall impose 14 such reasonable conditions as are necessary to protect prior downstream water 15 rights for in-stream livestock use, and in the administration of the water 16 rights on any stream, the director, and the district court where applicable, 17 shall recognize and protect water rights for in-stream livestock use, accord- 18 ing to priority, as they do water rights for other purposes. As used in this 19 section, the phrase "in-stream watering of livestock" means the drinking of 20 water by livestock directly from a natural stream, without the use of any con- 21 structed physical diversion works. 22 (2) For rights to the use of water for in-stream or out-of-stream 23 livestock purposes, associated with grazing on federally owned or managed 24 land, established under the diversion and application to beneficial use method 25 of appropriation, the priority date shall be the first date that water histor- 26 ically was used for livestock watering associated with grazing on the land, 27 subject to the provisions of section 42-222(2), Idaho Code. 28 SECTION 2. An emergency existing therefor, which emergency is hereby 29 declared to exist, this act shall be in full force and effect on and after its 30 passage and approval.
STATEMENT OF PURPOSE
RS 07883
This amendment is intended to assure that priority dates for
livestock water rights on the federally managed lands are
consistent with other Idaho water law identifying priority of use
through predecessors in title. On federally managed lands the
priority would follow predecessors in title of the base
properties through which appurtenant grazing preference rights
are recognized, acknowledged and protected.
FISCAL NOTE
No fiscal impact
CONTACT: Representative Frances Field
(208) 332-1000
Chad Gibson
Owyhee County Land Use Planning Committee
(208) 896-4104
STATEMENT OF PURPOSE/ FISCAL NOTE
H 667