2000 Legislation
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SENATE BILL NO. 1419, As Amended – Streams, diversion, livestock water

SENATE BILL NO. 1419, As Amended

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Daily Data Tracking History



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

Bill Text


 S1419
                                                                        
                                                                        
  ||||              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.

Amendment


 AS1419
                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                         
     
                 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