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S1330..........................................by RESOURCES AND ENVIRONMENT
WATER RIGHTS - Amends existing law relating to water rights to provide a
late claim filing fee and to extend the date for filing late claims.
01/26 Senate intro - 1st rdg - to printing
01/27 Rpt prt - to Res/Env
02/05 Rpt out - rec d/p - to 2nd rdg
02/06 2nd rdg - to 3rd rdg
02/09 3rd rdg - PASSED - 35-0-0
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, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--None
Floor Sponsor - Geddes
Title apvd - to House
02/10 House intro - 1st rdg - to Res/Con
03/06 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 68-0-2
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, Jaquet,
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, Stoicheff, Stone,
Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood,
Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Crow, Jones(9)
Floor Sponsor - Geddes
Title apvd - to Senate
03/13 To enrol
03/16 Rpt enrol - Pres signed
03/16 Sp signed
03/17 To Governor
03/18 Governor signed
Session Law Chapter 79
Effective: 07/01/98
S1330|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1330 BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO WATER RIGHTS; AMENDING SECTION 42-221, IDAHO CODE, TO PROVIDE A 3 FEE FOR FILING A LATE CLAIM TO A WATER RIGHT; AND AMENDING SECTION 4 42-243, IDAHO CODE, TO EXTEND THE DATE FOR FILING LATE CLAIMS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 42-221, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 42-221. FEES OF DEPARTMENT. The department of water resources shall col- 9 lect the following fees which shall constitute a fund to pay for legal adver- 10 tising, the publication of public notices and for investigations, research, 11 and providing public data as required of the department in the performance of 12 its statutory duties: 13 A. For filing an application for a permit to appropriate the public 14 waters of this state: 15 1. For a quantity of 0.2 c.f.s. or less or for a storage volume of 20 16 acre feet or less ................................................. $50.00 17 2. For a quantity greater than 0.2 c.f.s. but not exceeding 1.0 c.f.s. or 18 for a storage volume greater than 20 acre feet but not exceeding 100 acre 19 feet ................................................................ $100 20 3. For a quantity greater than 1.0 c.f.s. but not exceeding 20 c.f.s., or 21 for a storage volume greater than 100 acre feet but not exceeding 2,000 22 acre feet ........................................................... $100 23 plus $20.00 for each additional c.f.s. or part thereof or 100 acre feet or 24 part thereof over the first 1.0 c.f.s. or 100 acre feet. 25 4. For a quantity greater than 20.0 c.f.s. but not exceeding 100 c.f.s. 26 or for a storage volume greater than 2,000 acre feet but not exceeding 27 10,000 acre feet .................................................... $480 28 plus $10.00 for each additional c.f.s. or part thereof or 100 acre feet or 29 part thereof over the first 20.0 c.f.s. or 2,000 acre feet. 30 5. For a quantity greater than 100.0 c.f.s. but not exceeding 500.0 31 c.f.s., or for a storage volume greater than 10,000 acre feet but not 32 exceeding 50,000 acre feet ........................................ $1,280 33 plus $5.00 for each additional c.f.s. or part thereof or 100 acre feet or 34 part thereof over the first 100 c.f.s. or 10,000 acre feet. 35 6. For a quantity greater than 500 c.f.s., or for a storage volume 36 greater than 50,000 acre feet ..................................... $3,280 37 plus $1.00 for each additional 1.0 c.f.s. or part thereof or 100 acre feet 38 or part thereof over the first 500.0 c.f.s. or 50,000 acre feet. 39 B. For filing application for change of point of diversion, place, 40 period, or nature of use of water of established rights; or for an extension 41 of time within which to resume the use of water under a vested right .... $100 42 C. For filing application for amendment of permit ................ $50.00 43 D. 1. For filing claim to use right under section 42-243, 2 1 Idaho Code .......................................................... $100 2 2. For filing a late claim to use a water right under section 3 42-243, Idaho Code, where the date filed with the department of water 4 resources or, the postmark if mailed to the department of water resources, 5 is: 6 i. After June 30, 1998........................................ $250 7 ii. After June 30, 2005........................................ $500 8 iii. For every ten (10) years after June 30, 2005, an additional 9 ......................................................... $500 10 E. For filing an assignment of permit ............................ $25.00 11 F. For readvertising application for permit, change, exchange, or exten- 12 sion to resume use .................................................... $50.00 13 G. For certification, each document ............................... $1.00 14 H. For making photo copies of office records, maps and documents for pub- 15 lic use .... A reasonable charge as determined by the department. 16 I. For filing request for extension of time within which to submit proof 17 of beneficial use on a water right permit ............................. $50.00 18 J. For tasks requiring in excess of one (1) hour research or for comput- 19 erized data provided for public use .... A reasonable charge as determined by 20 the department. 21 K. For filing proof of beneficial use of water and requests for water 22 right license examinations, a fee based upon the rate of diversion claimed in 23 the proof of beneficial use: 24 1. For a quantity of 0.2 c.f.s. or less, or for a storage volume of 20 25 acre feet or less ................................................. $50.00 26 except no fee shall be charged for domestic use for which a permit is not 27 required. 28 2. For a quantity greater than 0.2 c.f.s. but not exceeding 1.0 c.f.s., 29 or for a storage volume greater than 20 acre feet, but not exceeding 100 30 acre feet ........................................................... $100 31 3. For a quantity greater than 1.0 c.f.s., or for a storage volume 32 greater than 100 acre feet .......................................... $100 33 plus $25.00 for each additional c.f.s. or part thereof, or 100 acre feet 34 or part thereof, over the first 1.0 c.f.s. or 100 acre feet with a maximum 35 fee not to exceed $600. 36 L. For filing a protest or request to intervene in a protested 37 matter ................................................................ $25.00 38 M. For filing an application to alter a stream channel pursuant to chap- 39 ter 38, title 42, Idaho Code: 40 1. Application for recreational dredge permits by residents of the state 41 ................................................................... $10.00 42 2. Application for recreational dredge permits by nonresidents of the 43 state ............................................................. $30.00 44 3. Other applications ............................................ $20.00 45 N. For receipt of all notices of application within a designated area, a 46 reasonable annual charge as determined by the department. 47 All fees received by the department of water resources under the provi- 48 sions of this chapter shall be transmitted to the state treasurer for deposit 49 in the water administration account. 50 SECTION 2. That Section 42-243, Idaho Code, be, and the same is hereby 51 amended to read as follows: 52 42-243. FILING OF CLAIMS OF RIGHTS ESTABLISHED BY DIVERSION AND USE -- 53 FORM AND CONTENT OF CLAIM. In order to allow for the recording of historic 3 1 uses of the waters of this state, any person using or claiming rights to the 2 use of water for uses other than domestic purposes, which have heretofore been 3 established by diversion and application to a beneficial use shall file a 4 claim of such right with the department of water resources not later than June 5 30, 1983, or if mailed, shall be postmarked not later than June 30, 1983. Such 6 claim shall be in affidavit form on forms furnished by the department of water 7 resources and shall set forth: 8 a. The name and post-office address of the claimant. 9 b. The quantity of water claimed to have been used. 10 c. The source of the water supply. 11 d. The location of the point or points of diversion. 12 e. The nature of the use and the period during each year when the water 13 is used for such purposes. 14 f. The priority of the right claimed which shall be determined by the 15 date when the water was first applied to a beneficial use provided there has 16 been no period of abandonment or nonuse or forfeiture of the water right since 17 that date. 18 g. If water is claimed for irrigation, the legal description of the lands 19 irrigated. 20 h. Such other information as shall be required by the blank form fur- 21 nished by the department. 22 Such claim may be accompanied by maps showing the place of use, affidavits 23 of witnesses familiar with the uses claimed, measurements of the water 24 diverted and used, and such other information as the claimant may wish to sub- 25 mit. 26 If the claim is filed with the department of water resources later than 27 June 30, 1983, or if it is mailed to the department of water resources and the 28 postmark is later than June 30, 1983, the claim shall be classified as fol- 29 lows: 30 a. If the only use identified on the claim is domestic purposes, then the 31 claim will be considered to be filed in a timely manner. 32 b. If the use(s) identified on the claim includes other than domestic 33 purposes, then the claim shall be considered to be a late claim, with a unique 34 filing fee as set forth in section 42-221, Idaho Code.Late claims shall35not be accepted if filed with the department of water resources later than36June 30, 1988, or if mailed to the department of water resources with a post-37mark later than June 30, 1988.38 This section shall not apply to any water rights which are based on the 39 authority of a permit or license issued by the department of water resources 40 or one of its predecessors or water rights which have previously been adjudi- 41 cated by a court having jurisdiction of such matters.
STATEMENT OF PURPOSE
RS07480
Water users are required by Section 42-241, et seq Idaho Code, to file a claim to rights
established by diversion and beneficial use, which are not otherwise recorded with the
department. Under the present law, failure to file a claim by June 30, 1988 constitutes a
waiver or relinquishment of the water right. This has precluded the department from accepting
and recording claims filed after June 30, 1988, except that rights may be claimed in the
Snake River Basin Adjudication, even if a mandatory claim has not been filed. Consequently,
the filing of late claims can not be made in the Panhandle Basins and the Bear River, but can
be made through the Snake River Basin Adjudication. A number of unclaimed rights have
been identified, including several for municipalities. Increased pressure to manage water
rights in the Bear River Basin puts additional emphasis on the need to retain and protect
existing water rights. This proposal would reopen and extend the time for filing claims to
rights established by diversion and beneficial use in the Bear River Basin and the Panhandle
Basins.
FISCAL IMPACT
This proposal will save the municipalities and other water users needing to file a claim to an
existing, unrecorded water right the cost of either purchasing a right to cover their existing
needs and the associated costs for litigating this issue. IDWR's operating costs will not be
increased.
CONTACT
Name: Karl Dreher/Norm Young
Agency: Department of Water Resources
Phone: 327-791 0
Statement of Purpose/Fiscal Impact
S 1330