2000 Legislation
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HOUSE BILL NO. 544 – Water right/injury claim, file/when


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Daily Data Tracking History

H0544.........................................by RESOURCES AND CONSERVATION
WATER RIGHTS - Amends existing law to provide that persons have thirty days
from the date of last publication of the notice of enlargement of a water
right to file a petition with the Department of Water Resources to assert
any claimed injury from the enlargement.
02/10    House intro - 1st rdg - to printing
02/11    Rpt prt - to Res/Con
02/18    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 56-0-14
      AYES -- Alltus, Barrett, Bell, Bieter, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Denney,
      Field(20), Gagner, Hadley, Hansen(23), Hansen(29), Henbest, Hornbeck,
      Jaquet, Jones, Judd, Kempton, Kendell, Kunz, Lake, Loertscher, Mader,
      Marley, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy,
      Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
      Trail(Miller), Zimmermann
      NAYS -- None
      Absent and excused -- Barraclough, Deal, Ellsworth, Field(13),
      Geddes, Gould, Hammond, Kellogg, Linford, McKague, Pischner, Wheeler,
      Wood, Mr Speaker
    Floor Sponsor - Hansen(29)
    Title apvd - to Senate
02/25    Senate intro - 1st rdg - to Res/Env
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
04/03    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Lee
    Title apvd - to House
04/04    To enrol - rpt enrol - Sp signed
04/05    Pres signed - to Governor
04/14    Governor signed
         Session Law Chapter 311
         Effective: 07/01/00

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 544
  1                                        AN ACT
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION 1.  That Section 42-1426, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
 10    Legislative findings regarding enlargements:
 11        (a)  The legislature finds that prior to the  commencement  of  the  Snake
 12        River  basin  adjudication  and  subsequent to the mandatory permit system
 13        provided in sections 42-201 and 42-229, Idaho Code,  persons  entitled  to
 14        the  use of water or owning any land to which water has been made appurte-
 15        nant by decree, license  or  constitutional  appropriation  have,  through
 16        water conservation and other means, enlarged the use of said water without
 17        increasing  the rate of diversion and without complying with the mandatory
 18        permit system adopted by the legislature. Enlargements have been done with
 19        the knowledge of other water users, and water has been  distributed  based
 20        upon  the  right as enlarged. Junior water users made appropriations based
 21        upon a water system that reflected these enlarged uses. Thus, the legisla-
 22        ture further finds and declares that it is in the public interest to waive
 23        the mandatory permit requirements for these enlargements in use  prior  to
 24        the  commencement  of a general adjudication, so long as such enlargements
 25        in use did not increase the rate of diversion of the original water  right
 26        or exceed the rate of diversion for irrigation provided in section 42-202,
 27        Idaho  Code,  after the enlargement of use, and the enlargement of use did
 28        not reduce the quantity of water available to other water rights  existing
 29        on the date of the enlargement in use.
 30        (b)  The  legislature  further  finds that it is in the public interest to
 31        waive certain statutory provisions for the appropriation of water that has
 32        been diverted and applied to beneficial use to  insure  the  economic  and
 33        agricultural  base  in the state of Idaho as it existed on the date of the
 34        commencement of the Snake River basin adjudication and  to  maintain  his-
 35        toric water use patterns existing on that date.
 36        (2)  The  mandatory  permit requirements of sections 42-201 and/or 42-229,
 37    Idaho Code, are waived, and a new water right may be decreed for the  enlarged
 38    use  of  the  original water right based upon the diversion and application to
 39    beneficial use, with a priority date as of  the  date  of  completion  of  the
 40    enlargement  of  use  for  any enlargement occurring on or before November 19,
 41    1987; provided however, that the rate of diversion of the original water right
 42    and the separate water right for the enlarged use, combined, shall not  exceed
 43    the  rate  of  diversion  authorized for the original water right; and further
  1    provided, that the enlargement in use did not injure water rights existing  on
  2    the  date  of  the enlargement of use. An enlargement may be decreed if condi-
  3    tions directly related to the injury can be  imposed  on  the  original  water
  4    right and the new water right that mitigate any injury to a water right exist-
  5    ing  on the date of enactment of this act. If injury to a water right later in
  6    time cannot be mitigated, then the new right for the  enlarged  use  shall  be
  7    advanced  to  a  date  one (1) day later than the priority date for the junior
  8    water right injured by the enlargement. It is further provided that  any  such
  9    enlargement  of  use allowed in a general adjudication shall not constitute an
 10    abandonment or forfeiture of the original water right to the extent of current
 11    use.
 12        (3)  The director shall publish a notice of enlargement of water right for
 13    all water rights recommended under this section. The notice  shall  contain  a
 14    summary  of  the  notice of claim and shall be published in the same manner as
 15    notices for applications to appropriate water in section 42-203A, Idaho  Code.
 16    Any  person who has filed an application for a water right prior to the enact-
 17    ment of this act or who has been issued a permit for a water  right  prior  to
 18    enactment  of  this act but who has not filed a claim in an adjudication shall
 19    have one hundred twenty (120) thirty (30) days from the date of last  publica-
 20    tion  of the notice of enlargement of a water right under this section to file
 21    a petition with the department of water resources to assert any claimed injury
 22    from the enlargement. No appeal of the determination of the  department  shall
 23    be  allowed. If the applicant or permittee is dissatisfied with the determina-
 24    tion of the department on any claim of injury, the sole remedy is to intervene
 25    in the general adjudication and assert their claim of injury in  an  objection
 26    to the water right.

Statement of Purpose / Fiscal Impact

                 STATEMENT OF PURPOSE
                       RS 09973 
          Amend Section 42-1426, Idaho Code, to reduce the response period for the
     petition to assert injury from 120 days to 30 days by owners of water rights in the
     Snake River Basin not claimed by the Snake River Basin Adjudication. This
     amendment would streamline and expedite the Snake River Basin Adjudication
     while causing no discernable hardship to interested parties. 
          The purpose of this amendment is to eliminate a needless complication in
     the preparation of Director's Reports. The department sends a proposed
     recommendation for each water right to the claimant, initiating a 60-day error
     correction process. Water rights for enlarged uses are simultaneously advertised.
     At the end of this process, the Director's Report is filed with the court. Presently,
     water rights for enlargements cannot be filed until the 120-day response period is
     complete. Unless the Director's Report is held back, a separate mailing is required,
     causing confusion for the claimants involved and slowing dispute resolution in the
     basin. A 30-day response period after two consecutive weekly advertisements
     could occur concurrently with the error correction process, enabling the Director's
     Report recommendation for the water rights enlargements to be included with
     recommendations for all other water rights in the basin. This bill does not alter,
     change or extend the date of enactment of Section 42-1426, Idaho Code. 
                    FISCAL IMPACT 
          Implementation of this legislation is estimated to create a savings of 100
     personnel hours per year, equivalent to about $2500 per year of general fund
     Name: Karl L. Dreher 
          Department of Water Resources
          Phone: 327-7910 
     STATEMENT OF PURPOSE/FISCAL NOTE                           H 544