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HOUSE CONCURRENT RESOLUTION NO. 37

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Daily Data Tracking History

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HCR037........................................by RESOURCES AND CONSERVATION
LANDS DEPARTMENT - RULES - Rejecting certain administrative rules of the
Department of Lands relating to navigable lakes and the definitions of
"encroachments in aid of navigation," "encroachments not in aid of
navigation," "natural or ordinary high watermarks" and the "public trust
doctrine."

02/12    House intro - 1st rdg - to printing
02/13    Rpt prt - to Res/Con
02/20    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/26    3rd rdg - ADOPTED - voice vote - to Senate
02/27    Senate intro - 1st rdg - to Res/Env
03/19    Rpt out - rec d/p - to 10th ord
03/20    10th ord - ADOPTED, voice vote
    Title apvd - to House
03/23    To enrol - rpt enrol - Sp signed
    Pres signed - to Secretary of State

Bill Text

HCR037


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

                             IN THE HOUSE OF REPRESENTATIVES

                            HOUSE CONCURRENT RESOLUTION NO. 37

                         BY RESOURCES AND CONSERVATION COMMITTEE

 1                               A CONCURRENT RESOLUTION
 2    STATING FINDINGS OF THE LEGISLATURE AND REJECTING CERTAIN RULES OF THE DEPART-
 3        MENT OF LANDS RELATING TO NAVIGABLE LAKES AND THE DEFINITIONS OF ENCROACH-
 4        MENTS IN AID OF NAVIGATION, ENCROACHMENTS NOT IN AID OF NAVIGATION,  NATU-
 5        RAL OR ORDINARY HIGH WATER MARKS, AND THE PUBLIC TRUST DOCTRINE.

 6    Be It Resolved by the Legislature of the State of Idaho:

 7        WHEREAS,  the  Legislature  is  vested  with authority to reject executive
 8    agency rules under the provisions of Section 67-5291, Idaho Code, in the event
 9    that the Legislature finds that the rules are not consistent with  legislative
10    intent; and
11        WHEREAS,  it  is  the finding of the Legislature that certain rules of the
12    Department of Lands  relating  to  navigable  lakes  and  the  definitions  of
13    encroachments  in  aid  of navigation, encroachments not in aid of navigation,
14    natural or ordinary high water marks, and the public trust  doctrine  are  not
15    consistent with legislative intent and should be rejected.
16        NOW,  THEREFORE,  BE IT RESOLVED by the members of the Second Regular Ses-
17    sion of the Fifty-fourth Idaho Legislature, the House of  Representatives  and
18    the  Senate  concurring  therein, that within IDAPA 20.03.04.010, rules of the
19    Department of Lands relating to navigable lakes, Subsection 10, concerning the
20    definition of "encroachments in aid of navigation"; Subsection 11,  concerning
21    the  definition  of  "encroachments  not in aid of navigation"; Subsection 14,
22    concerning the definition of "natural or ordinary high water marks"; and  Sub-
23    section  20,  concerning  the  definition  of  the "public trust doctrine" all
24    adopted as pending rules under Docket number  20-0304-9701,  such  subsections
25    be,  and  the same are hereby rejected and declared null, void and of no force
26    and effect.

Statement of Purpose / Fiscal Impact

    





                           STATEMENT OF PURPOSE
                                 RS 07928
    
    This resolution would reject certain rules of the Department 
    of Lands relating to navigable lakes and the definitions of 
    encroachments in aid of navigation, encroachments not in aid 
    of navigation, natural or ordinary high water marks, and the 
    public trust doctrine.
    
    FISCAL NOTE
    
    This resolution would have no fiscal 
    impact.
    
    CONTACT: Carl Bianchi
              Director of Legislative 
              Services
              334-2475
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    HCR 37