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S1337..........................................by RESOURCES AND ENVIRONMENT
WATER RIGHTS - Amends existing law to increase filing fees for an
application for permit to appropriate water; and to require that a fee be
paid for an application to the Department of Water Resources for change of
point of diversion, place, period, or nature of use of water based upon the
quantity of water sought to be changed under a vested water right.
02/01 Senate intro - 1st rdg - to printing
02/02 Rpt prt - to Res/Env
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 30-2-3
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Ingram, Ipsen, Keough, Lee, Noh, Parry, Richardson, Riggs, Risch,
Sandy, Schroeder, Sorensen, Stegner, Stennett, Walton/Branch,
Wheeler, Williams
NAYS--Hawkins, Whitworth
Absent and excused--King-Barrutia, McLaughlin, Thorne
Floor Sponsor - Noh
Title apvd - to House
03/10 House intro - 1st rdg - to Res/Con
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/29 3rd rdg - PASSED - 55-11-4
AYES -- Barraclough, Bell, Bieter, Black, Boe, Bruneel, Campbell,
Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Hansen(23), Hansen(29),
Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell,
Kunz, Lake, Linford, Mader, Marley, Meyer, Montgomery, Mortensen,
Moss, Pischner, Pomeroy, Reynolds, Ringo, Robison, Sellman, Shepherd,
Smith, Smylie, Stevenson, Stoicheff, Taylor, Tilman, Trail, Wheeler,
Mr Speaker
NAYS -- Alltus, Barrett, Callister, Cheirrett, Loertscher, McKague,
Pearce, Ridinger, Sali, Schaefer, Wood
Absent and excused -- Geddes, Moyle, Stone, Zimmermann
Floor Sponsor - Jones
Title apvd - to Senate
03/30 To enrol - rpt enrol - Pres signed
03/31 Sp signed
04/03 To Governor
04/04 Governor signed
Session Law Chapter 177
Effective: 07/01/00
S1337
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1337
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO WATER RIGHTS; AMENDING SECTION 42-221, IDAHO CODE, TO INCREASE
3 FILING FEES FOR AN APPLICATION FOR PERMIT TO APPROPRIATE WATER AND TO
4 REQUIRE THAT A FEE BE PAID FOR AN APPLICATION TO THE DEPARTMENT OF WATER
5 RESOURCES FOR CHANGE OF POINT OF DIVERSION, PLACE, PERIOD, OR NATURE OF
6 USE OF WATER UNDER A VESTED WATER RIGHT BASED UPON THE QUANTITY OF WATER
7 SOUGHT TO BE CHANGED; AND PROVIDING AN EFFECTIVE DATE.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 42-221, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 42-221. FEES OF DEPARTMENT. The department of water resources shall col-
12 lect the following fees which shall constitute a fund to pay for legal adver-
13 tising, the publication of public notices and for investigations, research,
14 and providing public data as required of the department in the performance of
15 its statutory duties:
16 A. For filing an application for a permit to appropriate the public
17 waters of this state or an application to change the point of diversion,
18 place, period or nature of use of water under a vested water right:
19 1. For a quantity of 0.2 c.f.s. or less or for a storage volume of 20
20 acre feet or less ................................................ $50.100
21 2. For a quantity greater than 0.2 c.f.s. but not exceeding 1.0 c.f.s. or
22 for a storage volume greater than 20 acre feet but not exceeding 100 acre
23 feet .............................................................. $10250
24 3. For a quantity greater than 1.0 c.f.s. but not exceeding 20 c.f.s., or
25 for a storage volume greater than 100 acre feet but not exceeding 2,000
26 acre feet ......................................................... $10250
27 plus $240.00 for each additional c.f.s. or part thereof or 100 acre feet
28 or part thereof over the first 1.0 c.f.s. or 100 acre feet.
29 4. For a quantity greater than 20.0 c.f.s. but not exceeding 100 c.f.s.
30 or for a storage volume greater than 2,000 acre feet but not exceeding
31 10,000 acre feet ................................................ $481,010
32 plus $120.00 for each additional c.f.s. or part thereof or 100 acre feet
33 or part thereof over the first 20.0 c.f.s. or 2,000 acre feet.
34 5. For a quantity greater than 100.0 c.f.s. but not exceeding 500.0
35 c.f.s., or for a storage volume greater than 10,000 acre feet but not
36 exceeding 50,000 acre feet .................................... $1,282,610
37 plus $510.00 for each additional c.f.s. or part thereof or 100 acre feet
38 or part thereof over the first 100 c.f.s. or 10,000 acre feet.
39 6. For a quantity greater than 500 c.f.s., or for a storage volume
40 greater than 50,000 acre feet ................................. $3,286,610
41 plus $12.00 for each additional 1.0 c.f.s. or part thereof or 100 acre
42 feet or part thereof over the first 500.0 c.f.s. or 50,000 acre feet.
43 B. For filing an application for change of point of diversion, place,
2
1 period, or nature of use of water of established rights; or for an extension
2 of time within which to resume the use of water under a vested water right
3 ......................................................................... $100
4 C. For filing application for amendment of permit ................ $50.00
5 D. 1. For filing claim to use right under section 42-243, Idaho Code
6 ..................................................................... $100
7 2. For filing a late claim to use a water right under section 42-243,
8 Idaho Code, where the date filed with the department of water resources
9 or, the postmark if mailed to the department of water resources, is:
10 i. After June 30, 1998 ....................................... $250
11 ii. After June 30, 2005 ....................................... $500
12 iii. For every ten (10) years after June 30, 2005, an additional
13 ................................................................ $500
14 E. For filing an assignment of permit ............................ $25.00
15 F. For readvertising application for permit, change, exchange, or exten-
16 sion to resume use .................................................... $50.00
17 G. For certification, each document ............................... $1.00
18 H. For making photo copies of office records, maps and documents for pub-
19 lic use ................. A reasonable charge as determined by the department.
20 I. For filing request for extension of time within which to submit proof
21 of beneficial use on a water right permit ............................. $50.00
22 J. For tasks requiring in excess of one (1) hour research or for comput-
23 erized data provided for public use .... A reasonable charge as determined by
24 the department.
25 K. For filing proof of beneficial use of water and requests for water
26 right license examinations, a fee based upon the rate of diversion claimed in
27 the proof of beneficial use:
28 1. For a quantity of 0.2 c.f.s. or less, or for a storage volume of 20
29 acre feet or less ................................................. $50.00
30 except no fee shall be charged for domestic use for which a permit is not
31 required.
32 2. For a quantity greater than 0.2 c.f.s. but not exceeding 1.0 c.f.s.,
33 or for a storage volume greater than 20 acre feet, but not exceeding 100
34 acre feet ........................................................... $100
35 3. For a quantity greater than 1.0 c.f.s., or for a storage volume
36 greater than 100 acre feet .......................................... $100
37 plus $25.00 for each additional c.f.s. or part thereof, or 100 acre feet
38 or part thereof, over the first 1.0 c.f.s. or 100 acre feet with a maximum
39 fee not to exceed $600.
40 L. For filing a protest or request to intervene in a protested
41 matter ................................................................ $25.00
42 M. For filing an application to alter a stream channel pursuant to chap-
43 ter 38, title 42, Idaho Code:
44 1. Application for recreational dredge permits by residents of the state
45 ................................................................... $10.00
46 2. Application for recreational dredge permits by nonresidents of the
47 state ............................................................. $30.00
48 3. Other applications ............................................ $20.00
49 N. For receipt of all notices of application within a designated area, a
50 reasonable annual charge as determined by the department.
51 All fees received by the department of water resources under the provi-
52 sions of this chapter shall be transmitted to the state treasurer for deposit
53 in the water administration account.
54 SECTION 2. This act shall be in full force and effect on and after July
3
1 1, 2000.
STATEMENT OF PURPOSE
RS09386C1
The purpose of this legislation is to improve the balance between
the fee received and the processing cost for an application to
appropriate water or to change (transfer) the point of diversion
or place, period or nature of use of a vested water right. Section
42-221, Idaho Code, would be amended to increase the fee schedule
for filing an application for permit to appropriate water. The
fee schedule for applications to appropriate water was last revised
in 1994 by increasing the fee for applications for small appropriations,
but the over all schedule was last adjusted in 1980. The filing fee
for an application for transfer of a vested right would be changed
from $100 per application to a variable fee based upon the quantity
of water sought to be changed. The proposed fee for an application
for transfer would use the fee schedule for applications to appropriate
water, as provided in Section 42-221, Idaho Code. The additional
revenues to the water administration account will provide resources
for the Department of Water Resources to address a growing workload
resulting from an increased number of applications for transfer and
the added technical complexity associated withprocessing applications.
FISCAL IMPACT
The proposal increases fees paid to the water administration account
(Section 42-238a, Idaho Code) by applicants in the amount of
approximately $75,000 per year. This is based on the receipt of 300
applications per year to appropriate water and 200 applications per
year to transfer a vested water right. The estimated increase in
annual receipts to the water administration account is calculated
as follows:
300 applications for permit @ an average increase of $100 = $30,000
200 applications for transfer @ an average increase of $225 = 45,000
Estimated total annual increase = $75,000
CONTACT
Name: Karl Dreher
Agency: Department of Water Resources
Phone: 327-7910
Statement of Purpose/Fiscal Impact S 133