S1419aa........................................by RESOURCES AND ENVIRONMENT STREAMS - DIVERSION - Amends existing law to provide for diverting water from a stream for livestock watering; to provide conditions and effect on priority dates; to require notice and a fee; to provide for a petition to curtail the diversion and for review; and to require consent of a permittee in a federal grazing allotment. 02/14 Senate intro - 1st rdg - to printing 02/15 Rpt prt - to Res/Env 02/28 Rpt out - to 14th Ord 03/03 Rpt out amen - to engros 03/06 Rpt engros - 1st rdg - to 2nd rdg as amen 03/07 2nd rdg - to 3rd rdg as amen 03/14 3rd rdg as amen - PASSED - 35-0-0 AYES--Andreason, Boatright, 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, Walton/Branch, Wheeler, Whitworth, Williams NAYS--None Absent and excused--None Floor Sponsor - Wheeler Title apvd - to House 03/15 House intro - 1st rdg as amen - to Res/Con 03/22 Rpt out - rec d/p - to 2nd rdg as amen 03/23 2nd rdg - to 3rd rdg as amen 03/31 3rd rdg as amen - PASSED - 63-0-7 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Callister, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones(Jones), Judd, Kempton, Kendell, Kunz, Lake, Linford, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Trail, Wheeler, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Bruneel, Campbell, Gould, Hammond, Kellogg, Loertscher, Tilman Floor Sponsor - Mader Title apvd - to Senate 04/03 To enrol 04/04 Rpt enrol - Pres signed - Sp signed 04/05 To Governor 04/12 Governor signed Session Law Chapter 255 Effective: 07/01/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1419, As Amended BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO WATER USE FOR LIVESTOCK; AMENDING SECTION 42-113, IDAHO CODE, TO 3 PROVIDE FOR DIVERTING WATER OUT OF A STREAM FOR LIVESTOCK WATERING, TO 4 PROVIDE CONDITIONS, TO REQUIRE NOTICE AND A FEE, TO PROVIDE THAT COMPLI- 5 ANCE IS A SUBSTITUTE FOR TRANSFER PROCEEDINGS, TO PROVIDE FOR NO EFFECT ON 6 PRIORITY DATES, TO PROVIDE FOR A PETITION TO CURTAIL THE DIVERSION AND FOR 7 REVIEW AND TO REQUIRE CONSENT OF A PERMITTEE IN A FEDERAL GRAZING ALLOT- 8 MENT. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 42-113, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 42-113. IN-STREAM AND OTHER WATER USE FOR LIVESTOCK. (1) A permit may be 13 issued, but shall not be required for appropriation of water for the in-stream 14 watering of livestock. In the consideration of applications for permits to 15 appropriate water for other purposes, the director of the department of water 16 resources shall impose such reasonable conditions as are necessary to protect 17 prior downstream water rights for in-stream livestock use, and in the adminis- 18 tration of the water rights on any stream, the director, and the district 19 court where applicable, shall recognize and protect water rights for in-stream 20 livestock use, according to priority, as they do water rights for other pur- 21 poses. As used in this section, the phrase "in-stream watering of livestock" 22 means the drinking of water by livestock directly from a natural stream, with- 23 out the use of any constructed physical diversion works. 24 (2) For rights to the use of water for in-stream or out-of-stream live- 25 stock purposes, associated with grazing on federally owned or managed land, 26 established under the diversion and application to beneficial use method of 27 appropriation, the priority date shall be the first date that water histori- 28 cally was used for livestock watering associated with grazing on the land, 29 subject to the provisions of section 42-222(2), Idaho Code. 30 (3) This subsection is established to promote the watering of livestock 31 away from streams and riparian areas, but not to require fencing of livestock 32 away from streams and riparian areas. 33 (a) Any person having an established water right or appropriating water 34 for in-stream watering of livestock pursuant to subsection (1) of this 35 section may, in addition to the instream use, divert the water for live- 36 stock use away from the stream or riparian area. The diversion may occur 37 only if the following conditions are met: 38 (i) The water is diverted from a surface water source to a trough 39 or tank through an enclosed water delivery system; 40 (ii) The water delivery system is equipped with an automatic shutoff 41 or flow control mechanism or includes a means for returning unused 42 water to the surface water source through an enclosed delivery sys- 43 tem, and the system is designed and constructed to allow the rate of 2 1 diversion to be measured; 2 (iii) The diversion is from a surface water source to which the live- 3 stock would otherwise have access and the watering tank or trough is 4 located on land from which the livestock would have access to the 5 surface water source from which the diversion is made; 6 (iv) The diversion of water out of the stream in this manner does 7 not injure other water rights; 8 (v) The use of the water diverted is for watering livestock; and 9 (vi) The bed and banks of the source shall not be altered as that 10 term is defined in section 42-3802, Idaho Code, except that an inlet 11 conduit may be placed into the source in a manner that does not 12 require excavation or obstruction of the stream channel, unless addi- 13 tional work is approved by the director of the department of water 14 resources. 15 (b) The amount of water diverted for watering of livestock in accordance 16 with this subsection shall not exceed thirteen thousand (13,000) gallons 17 per day per diversion. 18 (c) Before construction and use of a water diversion and delivery system 19 as provided in this subsection, the person or other entity proposing to 20 construct and use the system shall give notice to the director of the 21 department of water resources. Separate notice for each diversion shall 22 be provided on a form approved by the director and shall be accompanied by 23 a twenty-five dollar ($25.00) fee for each notice filed. Filing of the 24 notice as herein provided shall serve as a substitute for filing a notice 25 of claim to a water right pursuant to section 42-243, Idaho Code. The 26 director may provide notice to holders of water rights and others as the 27 director deems appropriate. 28 (d) Compliance with the provisions of this subsection is a substitute for 29 the requirements for transfer proceedings in section 42-222, Idaho Code. 30 In the administration of water diverted for livestock watering pursuant to 31 this subsection, the director, and the district court where applicable, 32 shall recognize and protect water rights for out-of-stream livestock 33 watering use pursuant to this subsection as they would in-stream livestock 34 watering use. The priority date for out-of-stream watering of livestock 35 pursuant to this subsection shall be the first date that water histori- 36 cally was used for livestock watering and shall not be altered due to the 37 diversion out-of-stream. 38 (e) Any water right holder who determines that diversion or use of water 39 under the provisions of this subsection is depriving the water right 40 holder of water to which the water right holder is entitled may petition 41 the director of the department of water resources to curtail the diversion 42 or use of water for livestock purposes. Upon such petition, the director 43 shall cause an investigation to be made and may hold hearings or gather 44 information in other ways. If the director finds that an interference is 45 occurring, the director may order curtailment of diversion or use of the 46 water or may require the water diversion and delivery system to be modi- 47 fied to prevent injury to other water rights. Any person feeling aggrieved 48 by an order of the director in response to a petition filed as herein pro- 49 vided shall be entitled to review as provided in section 42-1701A, Idaho 50 Code. 51 (4) No change in use of any water right used for watering of livestock, 52 whether proposed under this section or section 42-222, Idaho Code, shall be 53 made or allowed without the consent of the permittee in the federal grazing 54 allotment, if any, in which the water right is used for the watering of live- 55 stock.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 Moved by Wheeler Seconded by Burtenshaw IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1419 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 31, following "areas" insert: ", 3 but not to require fencing of livestock away from streams and riparian areas"; 4 in line 34, following "may" insert: ", in addition to the instream use,"; and 5 also in line 34, delete "to provide drinking water" and following "livestock" 6 insert: "use". 7 On page 2, in line 7, delete "only"; in line 16, delete "two one-hun- 8 dredths (0.02) cubic feet" and insert: "thirteen thousand (13,000) gallons"; 9 and in line 17, delete "second" and insert: "day".
STATEMENT OF PURPOSE RS09852C1 This allows diversion of stock water under limited circumstances and quantities, and without losing priority date. Current law would require relinquishing a favorable priority date if water is diverted from a stream channel. Enactment would result in reducing the turbidity and erosion caused by in-stream watering of livestock with no loss of priority date. Withdrawal of water is limited to 0.02 cfs (9 gallons per minute) per diversion. The installation requires withdrawal in piping and must contain an automatic shutoff device or the return of overflow to the original stream through pipes. FISCAL IMPACT None Contact Name: Sen. "Moon" Wheeler Phone: 332-1409 Lynn Tominaga, Idaho Water Users Assn. 344-6690 STATEMENT OF PURPOSE/FISCAL NOTE S1419