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H0086.........................................by RESOURCES AND CONSERVATION
WATER RESOURCES DEPARTMENT - Adds to existing law to provide legislative
intent; and to provide that court review of an action by the Department of
Water Resources which is subject to judicial review under the
Administrative Procedure Act shall not be heard in any water rights
adjudication proceeding commenced under the state adjudication statute.
01/24 House intro - 1st rdg - to printing
01/25 Rpt prt - to Res/Con
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 86
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO WATER RIGHTS DECISIONS; PROVIDING A STATEMENT OF LEGISLATIVE
3 INTENT; AMENDING CHAPTER 14, TITLE 42, IDAHO CODE, BY THE ADDITION OF A
4 NEW SECTION 42-1401D, IDAHO CODE, TO PROVIDE THAT COURT REVIEW OF AN
5 ACTION BY THE DEPARTMENT OF WATER RESOURCES SUBJECT TO JUDICIAL REVIEW OR
6 DECLARATORY JUDGMENT UNDER THE PROVISIONS OF CHAPTER 52, TITLE 67, IDAHO
7 CODE, SHALL NOT BE HEARD IN ANY WATER RIGHTS ADJUDICATION PROCEEDING COM-
8 MENCED UNDER THE PROVISIONS OF CHAPTER 14, TITLE 42, IDAHO CODE; AND
9 DECLARING AN EMERGENCY.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. LEGISLATIVE INTENT. A principal goal of the Legislature is
12 the timely completion of the pending Snake River Basin Adjudication resulting
13 in a judicial determination of all water rights within the Snake River basin
14 in accordance with the provisions of Chapter 14, Title 42, Idaho Code. A
15 recent judicial decision holding that the Snake River Basin Adjudication dis-
16 trict court has exclusive jurisdiction to provide judicial review of adminis-
17 trative actions by the Department of Water Resources affecting rights to the
18 use of water in the Snake River basin potentially frustrates this legislative
19 goal.
20 It is and has been the intention of the Legislature that the district
21 court presiding over a water rights adjudication proceeding under the provi-
22 sions of Chapter 14, Title 42, Idaho Code, exercises unique jurisdiction over
23 the "judicial determination" of the elements of the water rights subject to
24 the court's jurisdiction. Further, it is and has been the intention of the
25 Legislature that judicial review of an agency action by the Department of
26 Water Resources under the provisions of Chapter 52, Title 67, Idaho Code, does
27 not provide a judicial determination of the elements of a water right. Rather,
28 a judicial review proceeding potentially results only in confirmation of an
29 administrative determination of one (1) or more elements of a water right,
30 which then shall constitute prima facie evidence of those elements consistent
31 with the provisions of Section 42-220, Idaho Code. In order not to burden and
32 delay the adjudication proceeding with actions for judicial review, the Legis-
33 lature finds it necessary to enact the following statutory amendment, which is
34 intended to apply to all actions for judicial review pending on the date of
35 enactment as well as future actions.
36 SECTION 2. That Chapter 14, Title 42, Idaho Code, be, and the same is
37 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
38 ignated as Section 42-1401D, Idaho Code, and to read as follows:
39 42-1401D. JURISDICTIONAL LIMITATION. An agency action of the department
40 of water resources, which is subject to judicial review or declaratory judg-
41 ment under the provisions of chapter 52, title 67, Idaho Code, shall not be
42 heard in any water rights adjudication proceeding commenced under this chap-
2
1 ter. Venue and jurisdiction over any such action pending on the effective date
2 of this section, or initiated subsequent thereto, shall be in the district
3 court as authorized under the provisions of section 67-5272, Idaho Code, with-
4 out regard to any other provision of law.
5 SECTION 3. An emergency existing therefor, which emergency is hereby
6 declared to exist, this act shall be in full force and effect on and after its
7 passage and approval.
STATEMENT OF PURPOSE
RS 10679
The purpose of this legislation is to clarify that district
court proceedings for judicial review of final administrative actions
by the Idaho Department of Water Resources (IDWR) are not within the
jurisdiction of the Snake River Basin Adjudication (SRBA) district
court. These administrative decisions include actions relating to the
issuance of water right permit or license and changes to a water right
through amendment or transfer proceedings. Such administrative actions
do not result in a judicial determination of the elements of a water
right. This legislation implements the recommendation of the 1994
Interim Legislative Committee Report on the Snake River Basin
Adjudication. That report expressed concern that the hearing of
administrative appeals by the SRBA district court is not desirable
because it diverts attention away from the adjudication of water
rights and has the potential of significantly delaying the
adjudication. The Interim Legislative Committee recommended
legislation addressing this issue if it continued to be a problem. The
holding of the Idaho Supreme Court in Sagewillow v. IDWR, No. 24431
(Sept. 6, 2000) that the SRBA district court has exclusive
jurisdiction to review a water right transfer decision by IDWR makes
it evident that the concern addressed by the Interim Committee
continues to be an issue requiring legislative action.
FISCAL IMPACT
No negative fiscal impact would result from approval of this
legislation. A potential positive fiscal impact will result if
unnecessary delays in the SRBA district court proceedings are avoided.
Contact
Name: Rep. JoAnn Wood
Name: Rep. Cameron Wheeler
Phone: (208) 332 1000
STATEMENT OF PURPOSE/FISCAL NOTE H86