View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
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 - 2000IN 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 forchange of point of diversion, place,2 1period, or nature of use of water of established rights; or foran 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