2001 Legislation
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HOUSE BILL NO. 114 – Water Resources Dept action, court

HOUSE BILL NO. 114

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Daily Data Tracking History



H0114.........................................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.
                                                                        
01/30    House intro - 1st rdg - to printing
01/31    Rpt prt - to 2nd rdg
02/01    2nd rdg - to 3rd rdg
02/05    3rd rdg - PASSED - 68-0-2
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
      Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
      Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone,
      Swan, Tilman, Trail, Wheeler, Wood, Young,
      NAYS -- None
      Absent and excused -- Crow, Mr. Speaker
    Floor Sponsor -- Wood
    Title apvd - to Senate
02/06    Senate intro - 1st rdg - to Res/Env
02/13    Rpt out - rec d/p - to 2nd rdg
02/14    2nd rdg - to 3rd rdg
02/20    3rd rdg - PASSED - 30-0-5
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh,
      Richardson, Sandy, Schroeder, Sims, Stegner, Stennett, Thorne,
      Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- Danielson, Goedde, Hawkins, Risch, Sorensen
    Floor Sponsor -- Noh
    Title apvd - to House
02/21    To enrol
02/22    Rpt enrol - Sp signed
02/23    Pres signed
02/26    To Governor
03/02    Governor signed
         Session Law Chapter 31
         Effective: 03/02/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 114
                                                                        
                          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. Review of an agency  action  of  the
 40    department of water resources, which is subject to judicial review or declara-
 41    tory  judgment under the provisions of chapter 52, title 67, Idaho Code, shall
 42    not be heard in any water rights adjudication proceeding commenced under  this
                                                                        
                                       2
                                                                        
  1    chapter.  Venue and jurisdiction over any such action pending on the effective
  2    date of this section, or initiated subsequent thereto, shall be  in  the  dis-
  3    trict court as authorized under the provisions of section 67-5272, Idaho Code,
  4    without 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 / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 10857
                                
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                       H 11