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S1439aa........................................by RESOURCES AND ENVIRONMENT
IRRIGATION SYSTEMS - Amends and adds to existing law to provide for general
descriptions of the place of use when an irrigation project is developed in
the name of an association, company, corporation, irrigation district or
the United States; to provide that for certain irrigation projects
diverting surface water for use by more than five water users in an area
less than 25,000 acres, the license shall be issued to the permit holder
and to provide for a general description of the area; to provide that no
application for change in the place of use is required with certain
irrigation projects and to provide limitations; to provide for submission
of place of use descriptions in map form to the Department of Water
Resources; and to delete the requirement that irrigation districts file a
certified statement of financial condition with the Department of Water
Resources.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Res/Env
03/03 Rpt out - to 14th Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/10 3rd rdg as amen - PASSED - 34-0-1
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, Stennett, Sweeney,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Sorensen
Floor Sponsor - Lee
Title apvd - to House
03/11 House intro - 1st rdg as amen - to Res/Con
03/18 Rpt out - rec d/p - to 2nd rdg as amen
03/19 2nd rdg - to 3rd rdg as amen
03/19 Rls susp - PASSED - 53-0-17
AYES -- Barraclough, Barrett, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Callister, Chase, Clark, Cuddy, Deal,
Denney, Ellsworth, Field(13), Hadley, Henbest, Hornbeck, Jaquet,
Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Loertscher, Marley, McKague, Meyer,
Miller, Mortensen, Pischner, Pomeroy, Reynolds, Richman, Schaefer,
Stevenson, Stoicheff, Stone, Stubbs, Tilman, Tippets, Trail, Watson,
Wheeler, Wood
NAYS -- None
Absent and excused -- Alltus, Campbell, Crane, Crow, Field(20),
Gagner, Geddes, Gould, Hansen, Mader, Newcomb, Ridinger, Robison,
Sali, Taylor, Zimmermann, Mr Speaker
Floor Sponsor - Wheeler
Title apvd - to Senate
03/20 To enrol - rpt enrol - Pres signed
03/23 Sp signed - to Governor
03/25 Governor signed
Session Law Chapter 332
Effective: 03/25/98
S1439|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1439, As Amended BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO WATER RIGHTS DESCRIPTIONS AND IRRIGATION PROJECTS; AMENDING SEC- 3 TION 42-217, IDAHO CODE, TO PROVIDE FOR GENERAL DESCRIPTIONS OF THE PLACE 4 OF USE WHEN AN IRRIGATION PROJECT IS DEVELOPED IN THE NAME OF AN ASSOCIA- 5 TION, COMPANY, CORPORATION, IRRIGATION DISTRICT OR THE UNITED STATES; 6 AMENDING SECTION 42-219, IDAHO CODE, TO PROVIDE THAT FOR CERTAIN IRRIGA- 7 TION PROJECTS DIVERTING SURFACE WATER FOR USE BY MORE THAN FIVE WATER 8 USERS IN AN AREA LESS THAN TWENTY-FIVE THOUSAND ACRES THE LICENSE SHALL BE 9 ISSUED TO THE PERMIT HOLDER AND TO PROVIDE FOR A GENERAL DESCRIPTION OF 10 THE AREA, TO PROVIDE THAT NO APPLICATION FOR CHANGE IN PLACE OF USE IS 11 REQUIRED WITH CERTAIN IRRIGATION PROJECTS AND PROVIDING LIMITATIONS; 12 AMENDING SECTION 43-323, IDAHO CODE, TO PROVIDE FOR SUBMISSION OF PLACE OF 13 USE DESCRIPTIONS IN MAP FORM TO THE DEPARTMENT OF WATER RESOURCES; AMEND- 14 ING SECTION 43-324, IDAHO CODE, TO DELETE THE REQUIREMENT THAT IRRIGATION 15 DISTRICTS FILE A CERTIFIED STATEMENT OF FINANCIAL CONDITION WITH THE 16 DEPARTMENT OF WATER RESOURCES; AND DECLARING AN EMERGENCY. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That Section 42-217, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 42-217. PROOF OF APPLICATION TO BENEFICIAL USE. On or before the date set 21 for the beneficial use of waters appropriated under the provisions of this 22 chapter, the permit holder shall submit a statement that he has used such 23 water for the beneficial purpose allowed by the permit. The statement shall 24 include: 25 1. The name and post-office address of the permit holder. 26 2. The permit number. 27 3. A description of the extent of the use. 28 4. In the case of a municipal provider, a revised estimate of the reason- 29 ably anticipated future needs, a revised description of the service area, and 30 a revised planning horizon, together with appropriate supporting documenta- 31 tion. 32 5. The source of the water used. 33 6. Such other information as shall be required by the blank form fur- 34 nished by the department. 35 Such written proof as may be required to be submitted by such user shall 36 be upon forms furnished by the department of water resources and shall include 37 fees as provided in subsection K. of section 42-221, Idaho Code, or a field 38 examination report prepared by a certified water right examiner. 39 Upon receipt of such proof and the fee as required in section 42-221, 40 Idaho Code, by the department of water resources the department shall examine, 41 or cause to be examined: 42 1. The place where such water is diverted and used, and, if the use is 43 for irrigation, he shall ascertain the area and location of the land irrigated 2 1 and the nature of all the improvements which have been made as a direct result 2 of such use. 3 2. The capacities of the ditches or canals or other means by which such 4 water is conducted to such place of use, and the quantity of water which has 5 been beneficially applied for irrigation or other purposes. 6 The department or the person making such examination under the direction 7 of the department shall prepare and file a report of the investigation: pro- 8 vided, that whenever an irrigationsystems cover more than9twenty-five thousand (25,000) acresproject is developed in the 10 name of an association, company, corporation, irrigation district or the 11 United States as provided in section 42-219, Idaho Code , proof of bene- 12 ficial usemayshall be made by thepersons,13company or corporation constructing the irrigation works on behalf of the14project, and in such cases,permit holder. Tt15he lands upon which the water has been used need not be described by 16 legal subdivisions, but may be describedgenerally as the lands under17the irrigation systemas provided in section 42-219, Idaho Code 18 , and it shall only be necessary to show in such cases that the quantity 19 of water beneficially applied for irrigation has been applied within the lim- 20 its of the project. 21 Holders of permits who have submitted proof of beneficial use but have not 22 had their project examined for beneficial use shall submit the fee required in 23 section 42-221, Idaho Code, within sixty (60) days of notification by the 24 director of the department of water resources that a license examination fee 25 is required. Failure to submit the fee in the time allowed shall be cause for 26 the director to advance the date of priority of the permit one (1) day for 27 each day that the fee is late; provided that if the fee is not fully paid 28 within one (1) year of the time it is due, the director of the department of 29 water resources may consider the proof of beneficial use for the permit to be 30 incomplete and lapse the permit, as provided in section 42-218a, Idaho Code. 31 SECTION 2. That Section 42-219, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 42-219. ISSUANCE OF LICENSE -- PRIORITY. (1) Upon receipt by the depart- 34 ment of water resources of all the evidence in relation to such final proof, 35 it shall be the duty of the department to carefully examine the same, and if 36 the department is satisfied that the law has been fully complied with and that 37 the water is being used at the place claimed and for the purpose for which it 38 was originally intended, the department shall issue to such user or users a 39 license confirming such use. Such license shall be issued under the seal of 40 the office of the department of water resources, and shall state the name and 41 post-office address of such user, the purpose for which such water is used, 42 the quantity of water which may be used, which in no case shall be an amount 43 in excess of the amount that has been beneficially applied. A license may be 44 issued to a municipal provider for an amount up to the full capacity of the 45 system constructed or used in accordance with the original permit provided 46 that the director determines that the amount is reasonably necessary to pro- 47 vide for the existing uses and reasonably anticipated future needs within the 48 service area and otherwise satisfies the definitions and requirements speci- 49 fied in this chapter for such use. The director shall condition the license to 50 prohibit any transfer of the place of use outside the service area, as defined 51 in section 42-202B, Idaho Code, or to a new nature of use of amounts held for 52 reasonably anticipated future needs together with such other conditions as the 53 director may deem appropriate. 3 1 (2) If such use is for irrigation, such license shall give a description, 2 by legal subdivisions, of the land which is irrigated by such water. If the 3 use is for municipal purposes, the license shall describe the service area and 4 shall state the planning horizon for that portion of the right, if any, to be 5 used for reasonably anticipated future needs. 6 (3) Such license shall bear the date of the application for, and the num- 7 ber of, the permit under which the works from which such water is taken were 8 constructed; the capacity of such works; the date when proof of beneficial 9 use of such water was made, and also the date of the priority of the right 10 confirmed by such license. 11 (4) The date of priority confirmed by the license shall be the date of 12 the application for the permit for the construction of the works from which 13 the water is taken, and to which the right relates, provided there has been no 14 loss of priority under the provisions of this chapter. Whenever proof of the 15 beneficial application of water shall be offered subsequent to the date stated 16 in the permit, or in any authorized extension thereof, when such beneficial 17 application shall be made, the proof shall be taken, if received by the 18 department within the sixty (60) days prescribed in the preceding section. If 19 the proof taken is satisfactory to the department of water resources, a 20 license shall be issued by the department the same as though proof had been 21 made before the date fixed for such beneficial application. The priority of 22 the right established by the proof shall not date back to the date of the 23 application for the permit to which the right would relate under the provi- 24 sions of this chapter, but shall bear a date which shall be subsequent to the 25 date of the application, a time equal to the difference between the date set 26 in the permit, or extension thereof, for such beneficial application of water 27 and the date of proof. 28 (5) For irrigation projects where the canals constructed cover an area of 29 twenty-five thousand (25,000) acres or more, or within irrigation districts 30 organized and existing as such under the laws of the state of Idaho, the 31 license issued shall be issued to the persons, association, company , 32orcorporation or irrigation district owning the project, 33 and final proof may be made by such owners for the benefit of the entire proj- 34 ect. It shall not be necessary to give a description of the land by legal sub- 35 divisions but a general description of the entire area under the canal system 36 shall be sufficient. The water diverted and the water right acquired thereby 37 shall relate to the entire project and the diversion of the water for the ben- 38 eficial use under the project shall be sufficient proof of beneficial use 39 without regard as to whether each and every acre under the project is irri- 40 gated or not. 41 (6) For an irrigation project developed under a permit held by an 42 association, company, corporation or the United States to divert and deliver 43 or distribute surface water under any annual charge or rental for beneficial 44 use by more than five (5) water users in an area of less than twenty-five 45 thousand (25,000) acres, the license issued shall be issued to the permit 46 holder. For the place of use description in the license issued for the irriga- 47 tion project, it shall be sufficient to provide a general description of the 48 area within which the total number of acres developed under the permit are 49 located and within which the location of the licensed acreage can be moved 50 provided there is no injury to other water rights. 51 (7) Subject to other governing law, the location of the acreage irrigated 52 within a generally described place of use, as defined in accordance with sub- 53 sections (5) and (6) of this section and as filed with the department pursuant 54 to section 43-323, Idaho Code, may be changed without approval under the pro- 55 visions of section 42-222, Idaho Code. However, the change shall not result in 4 1 an increase in either the rate of flow diverted or in the total number of 2 acres irrigated under the water right and shall cause no injury to other water 3 rights. If the holder of any water right seeks to challenge such a change, the 4 challenge may only be brought as an action initiating a contested case before 5 the department, pursuant to the administrative procedure act, chapter 52, 6 title 67, Idaho Code. Nothing in this section shall be construed to grant, 7 deny or otherwise affect an irrigation district's authority to deliver water 8 to areas outside the boundaries of such district. 9 (8) In the event that the department shall find that the applicant 10 has not fully complied with the law and the conditions of permit, it may issue 11 a license for that portion of the use which is in accordance with the permit, 12 or may refuse issuance of a license and void the permit. Notice of such action 13 shall be forwarded to the permit holder by certified mail. The applicant may 14 contest such action by the department pursuant to section 42-1701A(3), Idaho 15 Code. 16 SECTION 3. That Section 43-323, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 43-323. REPORT TO DEPARTMENT OF WATER RESOURCES. (1) At 19 least as often as once a year after organization, the board of directors shall 20 make a report to the department of water resources of the condition of the 21 work of construction, as to capacity, stability and permanency, and whether or 22 not the plan of irrigation formulated under the provisions of this title is 23 being successfully carried out, and whether or not in the opinion of the board 24 the funds available will complete the proposed works. Upon the receipt of such 25 report by the department, it shall make such suggestions and recommendations 26 to such board of directors as it may deem advisable for the best interest of 27 the district. 28 (2) A change in the generally described place of use for a water 29 right held by an irrigation district may be made without applying for a change 30 under the provisions of section 42-222, Idaho Code, provided the district 31 files with the department of water resources a map portraying the changes to 32 the generally described place of use within which the district's water rights 33 shall be exercised. For this filing requirement, it shall be sufficient to 34 provide a drawing on a seven-and-one-half-minute (7-1/2) quadrangle map having 35 a scale of one to twenty-four thousand (1:24,000) which shows the changes to 36 the outer limits of the boundaries of the irrigation district to include each 37 quarter-quarter section within which irrigation occurs. This map showing 38 changes to the generally described place of use shall be filed with the 39 department no later than April 1 of the year following the changes. Notwith- 40 standing the filing of such map, only the legal description of an irrigation 41 district's boundaries recorded in compliance with title 43, Idaho Code, shall 42 constitute conclusive proof of the district's boundaries for purposes other 43 than defining the generally described place of use for a water right held by 44 the district. 45 SECTION 4. That Section 43-324, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 43-324. STATEMENT OF FINANCIAL CONDITION. On or before the second Tuesday 48 of February of each year the board of directors of each irrigation district 49 organized under this title shall publish in at least one (1) issue of some 50 newspaper published in the county or counties in which such district is situ- 51 ated, a full, true and correct statement of the financial condition of said 5 1 district, at the end of the last preceding fiscal year, giving all liabilities 2 and assets of the said district, in a form to be prescribed by the bureau of 3 public accounts of the state of Idaho .and shall file a4certified copy of such financial statement with the department of water5resources of the state of Idaho.6 SECTION 5. An emergency existing therefor, which emergency is hereby 7 declared to exist, this act shall be in full force and effect on and after its 8 passage and approval.
STATEMENT OF PURPOSE
RS07760C2
The proposed legislation would simplify recording the place of use for water rights of
water delivery organizations such as canal companies and irrigation districts. The
simplified description will streamline adjudication of water right claims in the Snake
River Basin Adjudication (SRBA) and allow flexibility in water use within the areas
served by water delivery organizations.
Section 42-1411, Idaho Code, requires that the place of use for an irrigation water
right be described in the SRBA by the number of acres irrigated within each 40-acre
subdivision except a more general description can be used for large projects as provided
in Section 42-219, Idaho Code. Section 42-219, -Idaho Code, now allows the place of use
for an irrigation project larger than 25,000 acres to be described in more general terms
than used for smaller projects. The proposed legislation would amend this section to
allow a more general description of the place of use for a canal company that supplies
surface water for an annual charge to more than five users. It would also allow use of
the outer limits of district boundaries as the place of use description for rights held
by irrigation districts for future licenses and for all water rights in the SRBA meeting
the criteria. Section 42-219, Idaho Code, is amended to recognize the present practice of
allowing movement of water within the generally described place of use without applying
to change the place of use under Section 42-222, Idaho Code, if the diversion rate and
acreage irrigated are not increased and other rights are not injured. Irrigation district
law is amended to require each district changing the place of use for its water rights
without application for change under Section 42-222, Idaho Code, to provide updated maps
of the outer limits of its boundaries to the department each year that there have been
changes. Section 42-217, Idaho Code, is amended to conform the manner of filing proof of
beneficial use with the general description of place of use proposed in Section 42-219,
Idaho Code. Section 43-324, Idaho Code, is amended to eliminate the requirement for
irrigation districts to file financial statements with the department each year.
FISCAL IMPACT
This change would reduce costs to water delivery organizations of finalizing claims in
the SREA and costs to the department and the SRBA court in reporting and decreeing the
water rights for these water delivery organizations. The department's costs in
administering the rights after they are decreed will also be reduced. Because irrigation
districts have maps of service areas that can be used directly, or modified, to satisfy
the filing requirements, the costs to irrigation districts to satisfy filing
requirements are not onerous.
CONTACT
Name: Karl Dreher/Norm Young
Agency: Department of Water
Resources
Phone: 327-7910
Statement of Purpose/Fiscal Impact
S1439