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S1151..........................................by RESOURCES AND ENVIRONMENT
PAYETTE RIVER BASIN - Ratifying and approving the comprehensive State Water
Plan for the Payette River Basin as adopted by the Idaho Water Resources
Board on February 5, 1999.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Res/Env
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 27-0-8
AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Crow,
Danielson, Darrington, Davis, Dunklin, Frasure, Geddes, Hawkins,
Ingram, Keough, Lee, Richardson, Riggs, Risch, Sandy, Schroeder,
Sorensen, Stegner, Stennett, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Burtenshaw, Deide, Ipsen, King, McLaughlin, Noh,
Parry, Thorne
Floor Sponsor - Danielson
Title apvd - to House
03/05 House intro - 1st rdg - to Res/Con
03/12 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 60-0-10
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Deal, Denney, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Hammond, Hansen(23),
Hansen(29), Henbest, Hornbeck, Judd, Kellogg, Kempton, Kendell, Kunz,
Limbaugh, Linford, Loertscher, Mader, Marley, McKague, Meyer(Duncan),
Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Wheeler, Williams,
Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Black, Cuddy, Gould, Hadley, Jaquet, Jones,
Lake, Montgomery, Watson, Wood
Floor Sponsor - Robison, Hansen(29)
Title apvd - to Senate
03/18 To enrol - rpt enrol - Pres signed - Sp signed
03/19 To Governor
03/26 Governor signed
Session Law Chapter 364
Effective: 03/26/99
S1151|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1151 BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO THE COMPREHENSIVE STATE WATER PLAN; RATIFYING AND APPROVING THE 3 COMPREHENSIVE STATE WATER PLAN FOR THE PAYETTE RIVER BASIN AS ADOPTED BY 4 THE IDAHO WATER RESOURCE BOARD ON FEBRUARY 5, 1999 AND CORRECTING TYPO- 5 GRAPHICAL ERRORS; AND DECLARING AN EMERGENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That pursuant to section 42-1734B(6), Idaho Code, the compre- 8 hensive state water plan for the Payette River Basin, adopted by resolution of 9 the Idaho Water Resource Board on February 5, 1999, be, and the same is hereby 10 ratified and approved. In accordance with section 42-1734A, Idaho Code, the 11 basin plan includes the protected river reach designations summarized as fol- 12 lows: 13 (1) North Fork Payette River, Cabarton Bridge to Rainbow Bridge (9.6 14 miles) - recreational 15 (2) South Fork Payette River, Deadwood River confluence to Big Pine Creek 16 confluence (7.9 miles) - recreational 17 The following activities are prohibited on these reaches: 18 -construction or expansion of dams or impoundments; 19 -construction of hydropower projects; 20 -construction of water diversion works; 21 -dredge or placer mining; 22 -mineral or sand and gravel extraction within thesteam23stream bed; and 24 -stream channel alterations. 25 Exceptions to the above prohibitions include: 26 -New diversion works shall be limited to pump installations that 27 do not create an obstruction in the river, and are sized to sup- 28 ply water for the standard domestic definition or a capacity 29 sufficient for stock water or developed rest areas, picnic, and 30 campground purposes (not to exceed a diversion rate of 0.04 31 cubic feet per second). 32 -Stream channel alterations necessary to maintain and improve 33 existing utilities, roadways, managed stream access facilities, 34 diversion works, and for the maintenance of real (private or 35 public) property. 36 (3) North Fork Payette River, Rainbow Bridge to Banks (18.4 miles) - rec- 37 reational 38 (4) South Fork Payette River, Middle Fork confluence to Banks (7.6 miles) 39 - recreational 40 (5) Payette River, Banks to Beehive Bend boat access (7.2 miles) - recre- 41 ational 42 The following activities are prohibited on these reaches: 43 -construction or expansion of dams or impoundments; 44 -construction of hydropower projects; 2 1 -construction of water diversion works; 2 -dredge or placer mining; 3 -mineral or sand and gravel extraction within thesteam4stream bed; and 5 -stream channel alterations. 6 Exceptions to the above prohibitions include: 7 -New diversion works shall be limited to pump installations that 8 do not create an obstruction in the river for the following pur- 9 poses: Irrigation of basin lands; stock water; developed rest 10 areas, picnic and campground areas; and for domestic, commer- 11 cial, municipal and industrial needs. 12 -Stream channel alterations necessary to maintain and improve 13 existing utilities, roadways, managed stream access facilities, 14 diversion works, and for the maintenance of real (private and 15 public) property. 16 (6) South Fork Payette River, Sawtooth National Recreation Area boundary 17 to Deadwood River confluence (20.3 miles) - recreational 18 (7) South Fork Payette River, Big Pine Creek confluence to Middle Fork 19 confluence (16.0 miles) - recreational 20 The following activities are prohibited on these reaches: 21 -construction or expansion of dams or impoundments; 22 -construction of hydropower projects; 23 -construction of water diversion works; 24 -dredge or placer mining; 25 -mineral or sand and gravel extraction within thesteam26stream bed; and 27 -stream channel alterations. 28 Exceptions to the above prohibitions include: 29 -New diversion works shall be limited to pump installation that 30 do not create an obstruction in the river for the following pur- 31 poses: Irrigation of basin lands; stock water; developed rest 32 areas, picnic and campground areas; and for domestic, commer- 33 cial, municipal and industrial needs. 34 -Stream channel alterations necessary to maintain and improve 35 existing utilities, roadways, managed stream access facilities, 36 diversion works, and for the maintenance of real (private and 37 public) property. 38 -Recreational dredge mining is permitted as regulated by the 39 Idaho Department of Water Resources and Idaho Department of 40 Lands. 41 (8) North Fork Payette Headwaters (including Cloochman and Trail Creeks) 42 to Payette Lake Inlet (23.6 miles) - recreational 43 The following activities are prohibited on this reach: 44 -construction or expansion of dams or impoundments; 45 -construction of hydropower projects; 46 -construction of water diversion works; 47 -dredge or placer mining; 48 -mineral or sand and gravel extraction within thesteam49stream bed; and 50 -stream channel alterations. 51 Exceptions to the above prohibitions include: 52 -Stream channel alterations necessary to maintain and improve 53 existing utilities, roadways, managed stream access facilities, 54 diversion works, and for the maintenance of real (private and 55 public) property. 3 1 -Alterations of the stream channel for installation of fisheries 2 enhancement structures and other activities necessary for fish- 3 ery management. 4 -This designation is not intended to restrict current and future 5 operations at Upper Payette Lake by the Lake Reservoir Company, 6 including enlargement of the dam or lake. 7 SECTION 2. An emergency existing therefor, which emergency is hereby 8 declared to exist, this act shall be in full force and effect on and after its 9 passage and approval.
STATEMENT OF PURPOSE
RS08970
Passage of this proposed legislation will give final approval to the Payette River
Basin component of the Comprehensive State Water Plan. The Payette Basin Plan
examines the water and related resources within the entire basin, and contains basin-wide water management recommendations and actions to protect waterways and to
pursue minimum streamflows. The Plan protects 111 miles as state Recreational
Rivers, and commits the Board to apply for a new minimum streamflow for the
North Fork Payette River from Upper Payette Lake to Payette Lake.
FISCAL IMPACT
Fiscal impact is anticipated to be positive over the long term. State protected river
designations provide a safeguard for river reaches with outstanding scenic,
recreational and fish and wildlife values. These designations improve the overall
quality of life and enhance tourism opportunities within the region. Designations
cannot interfere with vested property rights, and are conditioned, where
appropriate, to provide for development and continued utiliation of the basin's
natural resources.
CONTACT: Karl Dreher, Director
Department of Water Resources
208-327-7910
STATEMENT OF PURPOSE/FISCAL IMPACT S1151