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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
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.
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
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