2000 Legislation
Print Friendly

HOUSE BILL NO. 794 – Water flow, augment, Salmon migratn

HOUSE BILL NO. 794

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0794.....................................................by WAYS AND MEANS
WATER FLOW AUGMENTATION - Repeals and adds to existing law to provide
findings of the Legislature; to authorize the U.S. Bureau of Reclamation to
release 427,000 acre feet of water to augment river flows to aid the
migration of Snake River salmon; to provide that the release of storage
water from the U.S. Bureau of Reclamation reservoirs to aid salmon
migration must be rented through the water bank operated by the Water
Resource Board or through local water rental committees; to provide
conditions upon the release of storage water; to provide that the section
will not become effective until the director of the Department of Water
Resources certifies to the governor that the Bureau of Reclamation's
applications to transfer certain water rights and to amend certain water
right permits will be held in abeyance until July 1, 2000; and to provide a
sunset date.
                                                                        
03/29    House intro - 1st rdg - to printing
03/30    Rpt prt - 2nd rdg - to 3rd rdg
    Rules susp - PASSED - 63-3-4
      AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones(Jones), Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
      Loertscher, Marley, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stoicheff, Stone, Tilman,
      Trail, Wheeler, Zimmermann, Mr Speaker
      NAYS -- Barrett, McKague, Wood
      Absent and excused -- Crow, Mader, Stevenson, Taylor
    Floor Sponsor - Linford
    Title apvd - to Senate
    Senate intro - 1st rdg - to Res/Env
04/03    Rpt out - rec d/p - to 2nd rdg
04/04    2nd rdg - to 3rd rdg
04/05    3rd rdg - 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, Wheeler, Whitworth, Williams
      NAYS--None
      Absent and excused--None
    Floor Sponsor - Noh
    Title apvd - to House
    To enrol - rpt enrol - Sp signed - Pres signed
04/06    To Governor
04/12    Governor signed
         Session Law Chapter 222
         Effective: 04/12/00
              01/01/01 Sunset Clause

Bill Text


 H0794
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 794
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RENTAL OF STORAGE WATER TO  AUGMENT  RIVER  FLOWS  TO  AID  SALMON
  3        MIGRATION;  REPEALING  SECTION  42-1763B, IDAHO CODE; AMENDING CHAPTER 17,
  4        TITLE 42, IDAHO CODE, BY THE ADDITION OF A  NEW  SECTION  42-1763B,  IDAHO
  5        CODE,  TO PROVIDE FINDINGS AND INTENT OF THE LEGISLATURE, TO AUTHORIZE THE
  6        U.S. BUREAU OF RECLAMATION TO RELEASE FOUR HUNDRED  TWENTY-SEVEN  THOUSAND
  7        ACRE  FEET OF WATER FROM ITS PROJECTS UNDER CERTAIN CONDITIONS IN THE YEAR
  8        2000 TO AUGMENT RIVER FLOWS TO AID THE MIGRATION OF SNAKE RIVER SALMON, TO
  9        PROVIDE THAT RELEASE OF STORAGE WATER FROM U.S. BUREAU OF RECLAMATION RES-
 10        ERVOIRS TO AID SALMON MIGRATION MUST BE  RENTED  THROUGH  THE  WATER  BANK
 11        OPERATED BY THE WATER RESOURCE BOARD OR THROUGH LOCAL WATER RENTAL COMMIT-
 12        TEES,  TO PROVIDE CONDITIONS UPON THE RELEASE OF STORAGE WATER, TO PROVIDE
 13        THAT THIS SECTION WILL NOT BECOME EFFECTIVE  UNTIL  THE  DIRECTOR  OF  THE
 14        DEPARTMENT  OF WATER RESOURCES CERTIFIES TO THE GOVERNOR THAT THE BUREAU'S
 15        APPLICATIONS TO TRANSFER CERTAIN WATER RIGHTS AND TO AMEND  CERTAIN  WATER
 16        RIGHT  PERMITS WILL BE HELD IN ABEYANCE UNTIL JULY 1, 2000, AND TO PROVIDE
 17        THAT THIS SECTION SHALL BE NULL AND VOID ON AND AFTER JANUARY 1, 2001; AND
 18        DECLARING AN EMERGENCY.
                                                                        
 19    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 20        SECTION 1.  That Section 42-1763B, Idaho Code, be, and the same is  hereby
 21    repealed.
                                                                        
 22        SECTION  2.  That  Chapter  17,  Title 42, Idaho Code, be, and the same is
 23    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 24    ignated as Section 42-1763B, Idaho Code, and to read as follows:
                                                                        
 25        42-1763B.  INTERIM  AUTHORITY FOR RENTAL OF STORAGE WATER TO AUGMENT FLOWS
 26    DURING THE MIGRATION OF SNAKE  RIVER  SALMON.  (1)  Legislative  findings  and
 27    intent regarding rental of storage water from U.S. bureau of reclamation proj-
 28    ects  in the Snake River basin within Idaho to augment lower Snake River flows
 29    during the migration of Snake River salmon. The  legislature  finds  that  the
 30    U.S.  bureau of reclamation requested the release of four hundred twenty-seven
 31    thousand (427,000) acre feet of water to augment salmon flows in order to sat-
 32    isfy the conditions of the biological opinion issued by  the  national  marine
 33    fisheries service on March 2, 1995. The legislature authorizes the U.S. bureau
 34    of reclamation to release water from its projects under the limited conditions
 35    of this section in 2000.
 36        (2)  Rental of storage water from U.S. bureau of reclamation storage.
 37        (a)  Notwithstanding  the legislative approval required in section 42-108,
 38        Idaho Code, any storage water release from U.S. bureau of reclamation res-
 39        ervoirs within the state of Idaho for use to augment  river  flows  during
 40        the  migration  of  Snake  River  salmon  pursuant to this section must be
 41        rented through the water bank operated by the Idaho water  resource  board
 42        pursuant to sections 42-1761 through 42-1764, Idaho Code, or through local
                                                                        
                                           2
                                                                        
  1        water  rental committees, created pursuant to section 42-1765, Idaho Code,
  2        under their respective water bank rules.
  3        (b)  For any rental of water pursuant to this section, the director  shall
  4        not  be  required  to determine under section 42-1763, Idaho Code, whether
  5        the water supply is sufficient for the purpose for  which  it  is  sought,
  6        whether  the  rental  would  cause the use  of water to be enlarged beyond
  7        that authorized under the water right to be rented, whether such use is in
  8        the public interest, or whether such use is consistent  with  the  factors
  9        enumerated under subsection (3) of section 42-401, Idaho Code.
 10        (3)  Conditions on storage water rentals.
 11        (a)  Any storage water made available under this section shall be obtained
 12        only from willing lessors. Any water rented under this section from reser-
 13        voirs  located  within a basin having a local rental pool committee estab-
 14        lished pursuant to section 42-1765, Idaho Code, shall be  rented  pursuant
 15        to this section only through the local rental pool committee.
 16        (b)  Storage  water  made available under this section shall be limited to
 17        four hundred twenty-seven thousand (427,000)  acre  feet  annually.  These
 18        releases  from  storage shall be reduced by other water the U.S. bureau of
 19        reclamation provides for augmentation of salmon flows from the Snake River
 20        and its tributaries.
 21        (c)  In no event shall the release of water under this section  cause  the
 22        water  surface  of Cascade Reservoir to be below the elevation required to
 23        maintain a storage volume of three hundred thousand (300,000)  acre  feet,
 24        fifty  thousand  (50,000)  acre feet of which is dead space, which is cur-
 25        rently estimated to be at an elevation of four thousand eight hundred nine
 26        and two-tenths (4,809.2) feet.
 27        (d)  The U.S. bureau of reclamation shall report on the plan for  releases
 28        for  the  spring and summer chinook prior to such releases and on the plan
 29        for releases for the fall chinook by July 15, 2000.  The  U.S.  bureau  of
 30        reclamation  shall  submit  a  report to the director by January 15, 2001,
 31        describing the time, volume and purpose  of  storage  water  released  for
 32        salmon purposes during the year 2000.
 33        (e)  All  storage  water rented from U.S. bureau of reclamation reservoirs
 34        under this section must be used for power production purposes  within  the
 35        state of Idaho.
 36        (f)  Nothing  herein  shall entitle the U.S. bureau of reclamation to rent
 37        storage water upon termination or expiration of the  permission  given  in
 38        this section.
 39        (4)  Nothing  in  this  section shall be construed to alter in any way the
 40    existing contractual obligations of the U.S. bureau of reclamation or to  con-
 41    stitute  a  finding by the legislature that the rental or use of storage water
 42    for augmentation of flows for salmon migration is a beneficial use  of  water,
 43    that  it is in the public interest, or whether such use injures existing water
 44    rights.
 45        (5)  This section shall not become effective until the director  certifies
 46    to the governor that the U.S. bureau of reclamation's applications to transfer
 47    water  right  numbers  4616,  4617,  4618, 4623, 4625, 4626, 4627, 4628, 4629,
 48    4630, 4631, 4632, 4633 and 4636, and  to  amend  water  right  permit  numbers
 49    25-07004 and 63-3618 will be held in abeyance until July 1, 2000.
 50        (6)  On  and after January 1, 2001, this act shall be null, void and of no
 51    force and effect.
                                                                        
 52        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
 53    declared to exist, this act shall be in full force and effect on and after its
 54    passage and approval.

Statement of Purpose / Fiscal Impact


     
     
                 STATEMENT OF PURPOSE
                       RS 10338 
     
     The purpose of this legislation is to renew the existing statute 42-1763B and
     provide statutory authority for the temporary use of storage water from Idaho for
     flow augmentation purposes during the year 2000. The legislation sunsets January
     1, 2001. 
     
     
     
                    FISCAL IMPACT
     
     None. 
     
     
     
     
     
     
     
     
     Contact 
     Name: Rep. Golden Linford
     Phone: 208-332-1000 
     Name: Sherl Chapman, Idaho Water Users
     Phone: 208-344-6690 
     
     
     
                                                  STATEMENT OF PURPOSE/FISCAL NOTE                                    H 794