2000 Legislation
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SENATE BILL NO. 1447 – Water rights, forfeiture, defenses

SENATE BILL NO. 1447

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S1447..........................................by RESOURCES AND ENVIRONMENT
WATER RIGHTS - Amends, repeals and adds to existing law to provide for
specific defenses to forfeiture of water rights; to provide that the
director of the Department of Water Resources may approve a ground water
management plan in areas designated as critical ground water areas; to
provide that the director of the Department of Water Resources may approve
a ground water management plan for areas designated as ground water
management areas; and to provide for managing the effects of ground water
withdrawals.
                                                                        
02/17    Senate intro - 1st rdg - to printing
02/18    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 - 31-0-4
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Frasure, Geddes, Hawkins,
      Ingram, Ipsen, Keough, Lee, Noh, Parry, Richardson, Riggs, Risch,
      Sandy, Schroeder, Sorensen, Stegner, Stennett, Walton/Branch,
      Wheeler, Whitworth, Williams
      NAYS--None
      Absent and excused--Dunklin, King-Barrutia, McLaughlin, Thorne
    Floor Sponsor - Cameron
    Title apvd - to House
03/10    House intro - 1st rdg - to Res/Con
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/23    3rd rdg - PASSED - 58-0-12
      AYES -- Barraclough, Barrett, Bell, Bieter, Boe, Bruneel, Callister,
      Campbell, Chase, Cheirrett, Clark, Deal, Field(13), Field(20),
      Gagner, Geddes, Hadley, Hammond, Hansen(23), Hansen(29), Hornbeck,
      Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moss, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
      Sali, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone,
      Taylor, Tilman, Trail, Wheeler, Zimmermann
      NAYS -- None
      Absent and excused -- Alltus, Black, Crow, Cuddy, Denney, Ellsworth,
      Gould, Henbest, Moyle, Schaefer, Wood, Mr Speaker
    Floor Sponsor - Field(20)
    Title apvd - to Senate
03/24    To enrol
03/27    Rpt enrol - Pres signed - Sp signed
03/28    To Governor
03/29    Governor signed
         Session Law Chapter 85
         Effective: 07/01/00

Bill Text


 S1447
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1447
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO WATER MANAGEMENT; AMENDING SECTION 42-222, IDAHO CODE, TO  PROVIDE
  3        FOR  SPECIFIC  EXCEPTIONS TO FORFEITURE OF WATER RIGHTS; REPEALING SECTION
  4        42-223, IDAHO CODE; AMENDING CHAPTER 2, TITLE 42, IDAHO CODE, BY THE ADDI-
  5        TION OF A NEW  SECTION  42-223,  IDAHO  CODE,  TO  PROVIDE  EXCEPTIONS  OR
  6        DEFENSES  TO  FORFEITURE  OF WATER RIGHTS; REPEALING SECTION 42-224, IDAHO
  7        CODE; AMENDING SECTION 42-233a, IDAHO CODE, TO PROVIDE THAT  THE  DIRECTOR
  8        OF THE DEPARTMENT OF WATER RESOURCES MAY APPROVE A GROUND WATER MANAGEMENT
  9        PLAN  IN AREAS DESIGNATED AS CRITICAL GROUND WATER AREAS AND TO MAKE TECH-
 10        NICAL CORRECTIONS; AND AMENDING SECTION 42-233b, IDAHO  CODE,  TO  PROVIDE
 11        THAT  THE  DIRECTOR  OF  THE  DEPARTMENT  OF WATER RESOURCES MAY APPROVE A
 12        GROUND WATER MANAGEMENT PLAN FOR AREAS DESIGNATED AS GROUND WATER  MANAGE-
 13        MENT  AREAS  AND TO PROVIDE FOR MANAGING THE EFFECTS OF GROUND WATER WITH-
 14        DRAWALS.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION 1.  That Section 42-222, Idaho Code, be, and the  same  is  hereby
 17    amended to read as follows:
                                                                        
 18        42-222.  CHANGE  IN  POINT  OF  DIVERSION, PLACE OF USE, PERIOD OF USE, OR
 19    NATURE OF USE OF WATER UNDER ESTABLISHED RIGHTS -- FORFEITURE AND EXTENSION --
 20    APPEALS. (1) Any person, entitled to the use of water whether  represented  by
 21    license issued by the department of water resources, by claims to water rights
 22    by  reason of diversion and application to a beneficial use as filed under the
 23    provisions of this chapter, or by decree of the court,  who  shall  desire  to
 24    change the point of diversion, place of use, period of use or nature of use of
 25    all  or part of the water, under the right shall first make application to the
 26    department of water resources for approval of such  change.  Such  application
 27    shall  be  upon forms furnished by the department and shall describe the right
 28    licensed, claimed or decreed which is to be changed and the changes which  are
 29    proposed,  and  shall  be  accompanied  by the statutory filing fee as in this
 30    chapter provided. Upon receipt of such application it shall be the duty of the
 31    director of the department of water resources to examine same, obtain any con-
 32    sent required in section 42-108, Idaho Code, and if otherwise proper  to  pro-
 33    vide  notice  of  the proposed change in the same manner as applications under
 34    section 42-203A, Idaho Code. Such notice shall advise that anyone who  desires
 35    to  protest the proposed change shall file notice of protests with the depart-
 36    ment within ten (10) days of the last date of publication. Upon the receipt of
 37    any protest, accompanied by the statutory filing fee as  provided  in  section
 38    42-221,  Idaho Code, it shall be the duty of the director of the department of
 39    water resources to investigate the same and to conduct a hearing  thereon.  He
 40    shall  also advise the watermaster of the district in which such water is used
 41    of the proposed change and the watermaster shall notify the  director  of  the
 42    department  of  water  resources of his recommendation on the application, and
 43    the director of the department of water resources shall not finally  determine
                                                                        
                                           2
                                                                        
  1    the  action  on  the  application  for  change until he has received from such
  2    watermaster his recommendation thereof, which action of the watermaster  shall
  3    be received and considered as other evidence.
  4        When  the  nature  of use of the water right is to be changed to municipal
  5    purposes and some or all of the right will be held by a municipal provider  to
  6    serve  reasonably  anticipated future needs, the municipal provider shall pro-
  7    vide to the department sufficient  information and documentation to  establish
  8    that  the  applicant qualifies as a municipal provider and that the reasonably
  9    anticipated future needs, the service area and the planning horizon  are  con-
 10    sistent  with  the definitions and requirements specified in this chapter. The
 11    service area need not be described by legal description nor by description  of
 12    every  intended  use in detail, but the area must be described with sufficient
 13    information to identify the general location where the water under  the  water
 14    right  is to be used and the types and quantity of uses that generally will be
 15    made.
 16        When a water right or a portion thereof to be changed is held by a munici-
 17    pal provider for municipal purposes, as  defined  in  section  42-202B,  Idaho
 18    Code,  that  portion of the right held for reasonably anticipated future needs
 19    at the time of the change shall not be changed to a place of use  outside  the
 20    service area, as defined in section 42-202B, Idaho Code, or to a new nature of
 21    use.
 22        The  director  of  the department of water resources shall examine all the
 23    evidence and available information and shall approve the change in  whole,  or
 24    in  part,  or  upon  conditions,  provided  no  other water rights are injured
 25    thereby, the change does not constitute an enlargement in use of the  original
 26    right,  the  change  is  consistent  with  the conservation of water resources
 27    within the state of Idaho and is in the local public interest  as  defined  in
 28    section  42-203A(5), Idaho Code, and the new use is a beneficial use, which in
 29    the case of a municipal provider shall be satisfied if the water right is nec-
 30    essary to serve reasonably anticipated future needs as provided in this  chap-
 31    ter. The director may consider consumptive use, as defined in section 42-202B,
 32    Idaho Code, as a factor in determining whether a proposed change would consti-
 33    tute an enlargement in use of the original water right. The director shall not
 34    approve  a change in the nature of use from agricultural use where such change
 35    would significantly affect the agricultural base of the local area. The trans-
 36    fer of the right to the use of stored water for irrigation purposes shall  not
 37    constitute  an enlargement in use of the original right even though more acres
 38    may be irrigated, if no other water rights are injured thereby. A copy of  the
 39    approved  application  for  change  shall  be returned to the applicant and he
 40    shall be authorized upon receipt thereof to make the change and  the  original
 41    water  right  shall  be presumed to have been amended by reason of such autho-
 42    rized change. In the event the director of the department of  water  resources
 43    determines  that  a  proposed change shall not be approved as provided in this
 44    section, he shall deny the same and forward  notice  of  such  action  to  the
 45    applicant  by  certified  mail,  which  decision  shall be subject to judicial
 46    review as hereafter provided.
 47        (2)  All rights to the use of water acquired under this chapter or  other-
 48    wise  shall  be lost and forfeited by a failure for the term of five (5) years
 49    to apply it to the beneficial use for which it was appropriated and  when  any
 50    right  to  the  use  of  water shall be lost through nonuse or forfeiture such
 51    rights to such water shall revert to the state and be again subject to  appro-
 52    priation  under this chapter; except that all water rights appurtenant to land
 53    contracted in a federal cropland set-aside program, shall not be lost and for-
 54    feited for nonuse during the contracted period. The five (5)  year  period  of
 55    nonuse  for forfeiture of a water right shall begin to accrue upon termination
                                                                        
                                           3
                                                                        
  1    of the contract if a period of nonuse did not occur  prior  to  the  effective
  2    date  of  the  contract  or  shall  continue  to  accrue if a period of nonuse
  3    occurred prior to the effective date of the contract. A water right held by  a
  4    municipal provider to meet reasonably anticipated future needs shall be deemed
  5    to constitute a beneficial use, and such rights shall not be lost or forfeited
  6    for  nonuse  unless  the planning horizon specified in the license has expired
  7    and the quantity of water authorized for use under the license  is  no  longer
  8    needed to meet reasonably anticipated future needs. A water right shall not be
  9    forfeited by a failure to divert and apply  the water to beneficial use if the
 10    water is not needed to maintain full beneficial use under the right because of
 11    land  application of waste for disposal purposes including, but not limited to
 12    discharge from dairy lagoons, used in  combination  with  or  substituted  for
 13    water  diverted  under the water right any right to the use of water shall not
 14    be lost through forfeiture by the failure to apply the water to beneficial use
 15    under certain circumstances as specified in section 42-223, Idaho Code.
 16        (3)  Upon proper showing before the director of the  department  of  water
 17    resources  of  good and sufficient reason for nonapplication to beneficial use
 18    of such water for such term of five (5) years, the director of the  department
 19    of  water resources is hereby authorized to grant an extension of time extend-
 20    ing the time for forfeiture of title for nonuse thereof, to such waters for  a
 21    period of not to exceed five (5) additional years.
 22        (4)  Application for an extension shall be made before the end of the five
 23    (5)  year  period  upon  forms  to  be  furnished  by  the department of water
 24    resources and shall fully describe the right on which an extension of time  to
 25    resume  the  use  is  requested  and  the reasons for such nonuse and shall be
 26    accompanied by the statutory filing fee; provided that water  rights  appurte-
 27    nant to land contracted in a federal cropland set-aside program, or covered by
 28    the  waste provision of this protected from forfeiture under the provisions of
 29    section 42-223, Idaho Code, are exempt from this requirement.
 30        (a)  Upon the receipt of such application it shall  be  the  duty  of  the
 31        director  of  the department of water resources to examine the same and to
 32        provide notice of the application for an extension in the same  manner  as
 33        applications  under  section  42-203A,  Idaho Code. The notice shall fully
 34        describe the right, the extension which is requested and  the  reason  for
 35        such  nonuse  and  shall  state  that any person desiring to object to the
 36        requested extension may submit a protest,  accompanied  by  the  statutory
 37        filing  fee  as provided in section 42-221, Idaho Code, to the director of
 38        the department of water resources within ten (10) days of the last date of
 39        publication.
 40        (b)  Upon receipt of a protest it shall be the duty of the director of the
 41        department of water resources to investigate and conduct a hearing thereon
 42        as in this chapter provided.
 43        (c)  The director of the department of water resources shall find from the
 44        evidence presented in any hearing, or from information  available  to  the
 45        department,  the  reasons for such nonuse of water and where it appears to
 46        the satisfaction of the director of the department of water resources that
 47        other rights will not be impaired by granting an extension of time  within
 48        which  to  resume  the  use of the water and good cause appearing for such
 49        nonuse, he may grant one (1) extension of five (5) years within  which  to
 50        resume such use.
 51        (d)  In  his  approval  of  the application for an extension of time under
 52        this section the director of the department of water resources  shall  set
 53        the  date  when  the use of water is to be resumed. Sixty (60) days before
 54        such date the director of the department of water resources shall  forward
 55        to  the applicant at his address of record a notice by certified mail set-
                                                                        
                                           4
                                                                        
  1        ting forth the date on which the use of water is to be resumed and a  form
  2        for  reporting the resumption of the use of the water right. If the use of
  3        the water has not been resumed and report thereon made on  or  before  the
  4        date  set  for  resumption of use such right shall revert to the state and
  5        again be subject to appropriation, as provided in this section.
  6        (e)  In the event the director of the department of water resources deter-
  7        mines that a proposed extension of time within which to resume  use  of  a
  8        water  right  shall  not be approved as provided in this section, he shall
  9        deny same and forward notice  of such action to the applicant by certified
 10        mail, which decision shall be subject to judicial review as hereafter pro-
 11        vided.
 12        (35)  Any person or persons feeling themselves aggrieved by the determina-
 13    tion of the department of water resources in approving or rejecting an  appli-
 14    cation to change the point of diversion, place, period of use or nature of use
 15    of water under an established right or an application for an extension of time
 16    within which to resume the use of water as provided in this section, may, if a
 17    protest was filed and a hearing held thereon, seek judicial review pursuant to
 18    section  42-1701A(4), Idaho Code. If no protest was filed and no hearing held,
 19    the applicant may request a hearing pursuant  to  section  42-1701A(3),  Idaho
 20    Code,  for  the  purpose of contesting the action of the director and may seek
 21    judicial review of the final order of the director following the hearing  pur-
 22    suant to section 42-1701A(4), Idaho Code.
                                                                        
 23        SECTION  2.  That  Section  42-223, Idaho Code, be, and the same is hereby
 24    repealed.
                                                                        
 25        SECTION 3.  That Chapter 2, Title 42, Idaho Code,  be,  and  the  same  is
 26    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 27    ignated as Section 42-223, Idaho Code, and to read as follows:
                                                                        
 28        42-223.  EXCEPTIONS OR DEFENSES TO FORFEITURE. A right to the use of water
 29    shall not be lost by forfeiture pursuant to the provisions of section  42-222,
 30    Idaho  Code, for a failure to apply the water to beneficial use under the con-
 31    ditions specified in any subsection of this section.  The legislature does not
 32    intend through enactment of this section to preclude judicial  or  administra-
 33    tive  recognition  of other exceptions or defenses to forfeiture recognized in
 34    Idaho case law or other provisions of the Idaho Code.
 35        (1)  A water right appurtenant to land contracted in  a  federal  cropland
 36    set-aside  program  shall  not be lost or forfeited for nonuse during the con-
 37    tracted period.  The running of any five (5) year period of nonuse for forfei-
 38    ture of a water right shall be tolled during the time that the land remains in
 39    the cropland set-aside program.
 40        (2)  A water right held by a municipal provider to meet reasonably antici-
 41    pated future needs shall be deemed to  constitute  beneficial  use,  and  such
 42    rights  shall  not be lost or forfeited for nonuse unless the planning horizon
 43    specified in the license has expired and the quantity of water authorized  for
 44    use  under  the  license  is  no  longer needed to meet reasonably anticipated
 45    future needs.
 46        (3)  A water right shall not be lost or forfeited by a failure  to  divert
 47    and  apply  the water to beneficial use if the water is not needed to maintain
 48    full beneficial use under the right because of land application of  waste  for
 49    disposal  purposes including, but not limited to, discharge from dairy lagoons
 50    used in combination with or substituted for water  diverted  under  the  water
 51    right.
 52        (4)  A  water  right shall not be lost or forfeited by a failure to divert
                                                                        
                                           5
                                                                        
  1    and apply the water to beneficial use if the reason  for  the  nonuse  of  the
  2    water  is  to  comply  with  the  provisions of a ground water management plan
  3    approved by the director of the department of water resources pursuant to sec-
  4    tion 42-233a or 42-233b, Idaho Code.
                                                                        
  5        SECTION 4.  That Section 42-224, Idaho Code, be, and the  same  is  hereby
  6    repealed.
                                                                        
  7        SECTION  5.  That  Section 42-233a, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        42-233a.  "CRITICAL GROUND WATER AREA" DEFINED -- PUBLIC HEARINGS --  PUB-
 10    LICATION  OF  NOTICE -- GRANTING OR DENIAL OF APPLICATION -- APPEAL. "Critical
 11    ground water area" is defined as any ground water basin,  or  designated  part
 12    thereof,  not having sufficient ground water to provide a reasonably safe sup-
 13    ply for irrigation of cultivated lands, or other uses in the basin at the then
 14    current rates of withdrawal, or rates of withdrawal projected by consideration
 15    of valid and outstanding applications and permits, as may  be  determined  and
 16    designated,  from  time  to  time,  by the director of the department of water
 17    resources.
 18        Upon the designation of a "critical ground water area"  it  shall  be  the
 19    duty  of the director of the department of water resources to conduct a public
 20    hearing in the area concerned to apprise the public of  such  designation  and
 21    the reasons therefor. Notice of the hearing shall be published in two (2) con-
 22    secutive weekly issues of a newspaper of general circulation in the area imme-
 23    diately prior to the date set for hearing.
 24        In the event an area has been designated as a "critical ground water area"
 25    and  the  director of the department of water resources desires to remove such
 26    designation or modify the boundaries thereof, he shall likewise conduct a pub-
 27    lic hearing following similar publication  of  notice  prior  to  taking  such
 28    action.
 29        When  a  "critical ground water area" is designated by the director of the
 30    department of water resources, or at any time thereafter during the  existence
 31    of  the  designation,  the director may approve a ground water management plan
 32    for the area.  The ground water management plan shall provide for managing the
 33    effects of ground water withdrawals on the aquifer from which withdrawals  are
 34    made and on any other hydraulically connected sources of water.
 35        In the event the an application for permit is made with respect to an area
 36    that  has  not been designated as a critical ground water area the director of
 37    the department of water resources shall forthwith issue a permit in accordance
 38    with the provisions of section 42-203A and section 42-204,  Idaho  Code,  pro-
 39    vided  said application otherwise meets the requirements of such sections; and
 40    further provided that if the applicant proposes to appropriate  water  from  a
 41    ground  water basin or basins in an amount which exceeds ten thousand (10,000)
 42    acre-feet per year either from a single or a combination of diversion  points,
 43    and  the  director determines that the withdrawal of such amount will substan-
 44    tially and adversely affect existing pumping levels of  appropriators  pumping
 45    from  such  basin  or  basins,  or will substantially and adversely affect the
 46    amount of water available for withdrawal  from  such  basin  or  basins  under
 47    existing  water  rights, the director may require that the applicant undertake
 48    such recharge of the ground water basin or basins as will  offset  that  with-
 49    drawal adversely affecting existing pumping levels or water rights.
 50        In  the  event  the an application for permit is made in an area which has
 51    been designated as a critical ground  water  area,  if  the  director  of  the
 52    department  of  water  resources  from  the  investigation made by him on said
                                                                        
                                           6
                                                                        
  1    application as herein provided, or from  the  investigation  made  by  him  in
  2    determining  the  area to be critical, or from other information that has come
  3    officially to his attention, has reason to believe that there is  insufficient
  4    water  available subject to appropriation at the location of the proposed well
  5    described in  the  application,  the  director  of  the  department  of  water
  6    resources  may  forthwith  deny  said  application; provided, however, that if
  7    ground water at such location is  available  in  a  lesser  amount  than  that
  8    applied for the director of the department of water resources may issue a per-
  9    mit  for  the use of such water to the extent that such water is available for
 10    such appropriation.
 11        The director may require all water right holders within a critical  ground
 12    water  area to report withdrawals of ground water and other necessary informa-
 13    tion for the purpose of assisting him in determining  available  ground  water
 14    supplies and their usage.
 15        The  director, upon determination that the ground water supply is insuffi-
 16    cient to meet the demands of water rights within all or portions of a critical
 17    ground water area, shall order those water right holders on  a  time  priority
 18    basis,  within  the  area determined by the director, to cease or reduce with-
 19    drawal of water until such time as the director determines there is sufficient
 20    ground water. Such order shall be given only before September 1 and  shall  be
 21    effective  for the growing season during the year following the date the order
 22    is given.
 23        Any applicant dissatisfied with  the  decision  of  the  director  of  the
 24    department  of  water resources may appeal to the district court in the manner
 25    provided for in section 42-237e, Idaho Code.
                                                                        
 26        SECTION 6.  That Section 42-233b, Idaho Code, be, and the same  is  hereby
 27    amended to read as follows:
                                                                        
 28        42-233b.  GROUND  WATER MANAGEMENT AREA. "Ground water management area" is
 29    defined as any ground water basin or designated part thereof which the  direc-
 30    tor of the department of water resources has determined may be approaching the
 31    conditions of a critical ground water area. Upon designation of a ground water
 32    management  area  the  director  shall  publish  notice in two (2) consecutive
 33    weekly issues of a newspaper of general circulation in the area.
 34        When a ground water management area is designated by the director  of  the
 35    department  of water resources, or at any time thereafter during the existence
 36    of the designation, the director may approve a ground  water  management  plan
 37    for  the area. The ground water management plan shall provide for managing the
 38    effects of ground water withdrawals on the aquifer from which withdrawals  are
 39    made and on any other hydraulically connected sources of water.
 40        Applications  for permits made within a ground water management area shall
 41    be approved by the director only after he  has  determined  on  an  individual
 42    basis  that  sufficient  water  is available and that other prior water rights
 43    will not be injured.
 44        The director may require all water right holders within a designated water
 45    management area to report withdrawals of  ground  water  and  other  necessary
 46    information  for  the purpose of assisting him in determining available ground
 47    water supplies and their usage.
 48        The director, upon determination that the ground water supply is  insuffi-
 49    cient  to  meet  the demands of water rights within all or portions of a water
 50    management area, shall order those water right  holders  on  a  time  priority
 51    basis,  within  the  area determined by the director, to cease or reduce with-
 52    drawal of water until such time as the director determines there is sufficient
 53    ground water. Such order shall be given only before September 1 and  shall  be
                                                                        
                                           7
                                                                        
  1    effective  for the growing season during the year following the date the order
  2    is given.

Statement of Purpose / Fiscal Impact


     
     
                STATEMENT OF PURPOSE 
                      RS09387C2 
                           
     This legislation adds, amends and repeals several code sections relating to water
     management. The Director of the Department of Water Resources commonly
     approves a ground water management plan for basins designated as a critical
     ground water area or a ground water management area. The legislation adds a
     description of ground water management plans to the provisions of I.C.  42-
     233a and 42-233b. 
     
     A frequent element of a ground water management plan calls for a reduction in
     ground water withdrawals. The legislation recognizes that a water right shall not
     be lost or forfeited by a failure to divert and apply water to a beneficial use if the
     reason for the non-use of the water is to comply with the provisions of a ground
     water management plan approved by the Director. The legislation adds a new
     Section 42-223 to codify in a separate statute the specific exceptions or defenses
     to forfeiture of a water right previously listed in I.C.  42-222. 
     
                           
                    FISCAL IMPACT
     
     No added impact on the State General Fund. 
     
     CONTACT 
     Name:     Karl Dreher/Norm Young 
     Agency:   Department of Water Resources
     Phone:    327-7910 
     
                                                       STATEMENT OF PURPOSE/FISCAL IMPACT                S1447