2000 Legislation
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SENATE BILL NO. 1337 – Water rights, fees

SENATE BILL NO. 1337

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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

Bill Text


 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 / Fiscal Impact


                      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