1998 Legislation
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HOUSE BILL NO. 789 – Water, “wholly consumptive use”


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Daily Data Tracking History

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

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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 789

                               BY WAYS AND MEANS COMMITTEE

 1                                        AN ACT

 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.


 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 / Fiscal Impact


                       STATEMENT OF PURPOSE
    To define a "wholly consumptive use" water right for certain 
    industrial, animal feeding, and dairy operations.
    None to the State. Filing costs only to water right 
    CONTACT: Lewis Eilers, United Dairymen of Idaho
    Bill No. H 789