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H0789.....................................................by WAYS AND MEANS
WATER USE - Amends existing law relating to water use to add a definition
of "wholly consumptive use" which will distinguish it from "consumptive
use."
03/02 House intro - 1st rdg - to printing
03/03 Rpt prt - to Res/Con
03/06 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 66-2-2
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
Ridinger, Robison, Sali, Schaefer, Stevenson, Stone, Stubbs, Taylor,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Jaquet, Stoicheff
Absent and excused -- Crow, Tilman
Floor Sponsor - Kellogg
Title apvd - to Senate
03/12 Senate intro - 1st rdg - to Res/Env
H0789|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 789 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO WATER USE; AMENDING SECTION 42-202B, IDAHO CODE, TO DEFINE "WHOLLY 3 CONSUMPTIVE USE" FOR PURPOSES OF WATER APPROPRIATION LAW. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 42-202B, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 42-202B. DEFINITIONS. Whenever used in this chapter, the term: 8 (1) "Consumptive use" means that portion of the annual volume of water 9 diverted under a water right that is transpired by growing vegetation, evapo- 10 rated from soils, converted to nonrecoverable water vapor, incorporated into 11 products, or otherwise does not return to the waters of the state. Consumptive 12 use does not include any water that falls as precipitation directly on the 13 place of use unless the precipitation is captured, controlled and used under 14 an appurtenant water right. 15 (2) "Municipality" means a city incorporated under section 50-102, Idaho 16 Code, a county, or the state of Idaho acting through a department or institu- 17 tion. 18 (3) "Municipal provider" means: (a) a municipality that provides water 19 for municipal purposes to its residents and other users within its service 20 area; (b) any corporation or association holding a franchise to supply water 21 for municipal purposes, or a political subdivision of the state of Idaho 22 authorized to supply water for municipal purposes, and which does supply 23 water, for municipal purposes to users within its service area; or (c) a cor- 24 poration or association which supplies water for municipal purposes through a 25 water system regulated by the state of Idaho as a "public water supply" as 26 described in section 39-103(15), Idaho Code. 27 (4) "Municipal purposes" refers to water for residential, commercial, 28 industrial, irrigation of parks and open space, and related purposes, exclud- 29 ing use of water from geothermal sources for heating, which a municipal pro- 30 vider is entitled or obligated to supply to all those users within a service 31 area, including those located outside the boundaries of a municipality served 32 by a municipal provider. 33 (5) "Planning horizon" refers to the length of time that the department 34 determines is reasonable for a municipal provider to hold water rights to meet 35 reasonably anticipated future needs. The length of the planning horizon may 36 vary according to the needs of the particular municipal provider. 37 (6) "Reasonably anticipated future needs" refers to future uses of water 38 by a municipal provider for municipal purposes within a service area which, on 39 the basis of population and other planning data, are reasonably expected to be 40 required within the planning horizon of each municipality within the service 41 area not inconsistent with comprehensive land use plans approved by each 42 municipality. Reasonably anticipated future needs shall not include uses of 43 water within areas overlapped by conflicting comprehensive land use plans. 2 1 (7) "Service area" means that area within which a municipal provider is 2 or becomes entitled or obligated to provide water for municipal purposes. For 3 a municipality, the service area shall correspond to its corporate limits, or 4 other recognized boundaries, including changes therein after the permit or 5 license is issued. The service area for a municipality may also include areas 6 outside its corporate limits, or other recognized boundaries, that are within 7 the municipality's established planning area if the constructed delivery sys- 8 tem for the area shares a common water distribution system with lands located 9 within the corporate limits. For a municipal provider that is not a municipal- 10 ity, the service area shall correspond to the area that it is authorized or 11 obligated to serve, including changes therein after the permit or license is 12 issued. 13 (8) "Wholly consumptive use" means water use under a water right 14 which is deemed to be entirely consumptive such as water use for certain 15 industrial purposes and certain concentrated animal feeding operations, 16 including dairies.
STATEMENT OF PURPOSE
RS08148
To define a "wholly consumptive use" water right for certain
industrial, animal feeding, and dairy operations.
FISCAL NOTE
None to the State. Filing costs only to water right
petitioners.
CONTACT: Lewis Eilers, United Dairymen of Idaho
736-1953
STATEMENT OF PURPOSE/ FISCAL NOTE
Bill No. H 789