2001 Legislation
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HOUSE BILL NO. 383 – River flow augmentation, Salmon

HOUSE BILL NO. 383

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Daily Data Tracking History



H0383.....................................................by WAYS AND MEANS
RIVER FLOW AUGMENTATION - Amends existing law to revise the findings and
intent of the Legislature regarding rental of storage water to augment
river flows to aid salmon migration; to authorize the U.S. Bureau of
Reclamation to release water in 2001 under limited conditions; to provide
necessary date changes; and to provide a sunset date.
                                                                        
03/29    House intro - 1st rdg - to printing
03/29    Rpt prt - to 2nd rdg
    Rls susp - PASSED - 68-0-2
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Chase, Clark, Collins, Cuddy, Deal,
      Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
      Gould, Hadley, Hammond, Hansen, Harwood, Henbest(Farley), 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, Tilman, Trail, Wheeler, Wood, Young(Young), Mr. Speaker
      NAYS -- None
      Absent and excused -- Campbell, Crow
    Floor Sponsor -- Wheeler
    Title apvd - to Senate
03/29    Senate intro - 1st rdg - to Res/Env
03/30    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 32-0-3
      AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
      Cameron, Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
      Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson,
      Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne,
      Whitworth, Williams
      NAYS -- None
      Absent and excused -- Darrington, Hawkins, Wheeler
    Floor Sponsor -- Noh
    Title apvd - to House
04/02    To enrol - rpt enrol - Sp signed - Pres signed
04/03    To Governor
04/17    Governor signed
         Session Law Chapter 394
         Effective: 01/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 383
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RENTAL OF STORAGE WATER TO  AUGMENT  RIVER  FLOWS  TO  AID  SALMON
  3        MIGRATION;  AMENDING  SECTION 42-1763B, IDAHO CODE, TO REVISE FINDINGS AND
  4        INTENT OF THE LEGISLATURE, TO AUTHORIZE THE U.S. BUREAU OF RECLAMATION  TO
  5        RELEASE  WATER IN 2001 UNDER LIMITED CONDITIONS, TO PROVIDE NECESSARY DATE
  6        CHANGES AND TO MOVE THE SUNSET CLAUSE BACK ONE YEAR;  DECLARING  AN  EMER-
  7        GENCY AND PROVIDING RETROACTIVE APPLICATION.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That Section 42-1763B, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        42-1763B.  INTERIM AUTHORITY FOR RENTAL OF STORAGE WATER TO AUGMENT  FLOWS
 12    DURING  THE  MIGRATION  OF  SNAKE  RIVER  SALMON. (1) Legislative findings and
 13    intent regarding rental of storage water from U.S. bureau of reclamation proj-
 14    ects in the Snake River basin within Idaho to augment lower Snake River  flows
 15    during  the  migration  of  Snake River salmon. The legislature finds that the
 16    U.S. bureau of reclamation requested the desires to release of up to four hun-
 17    dred twenty-seven thousand (427,000) acre feet  of  water  to  augment  salmon
 18    flows  in  order to satisfy the conditions of the biological opinion issued by
 19    the national marine fisheries service on March 2,  1995  2001.  The  state  of
 20    Idaho  is  experiencing serious drought conditions in 2001 and it is therefore
 21    unlikely that four hundred twenty-seven thousand (427,000) acre feet of  water
 22    will be available for rental for flow augmentation purposes.  Nonetheless, the
 23    legislature finds that authorization of this legislation will facilitate ongo-
 24    ing negotiations in the Snake River basin adjudication. Therefore, tThe legis-
 25    lature  authorizes  the  U.S.  bureau of reclamation to release water from its
 26    projects under the limited conditions of this section in 20001.
 27        (2)  Rental of storage water from U.S. bureau of reclamation storage.
 28        (a)  Notwithstanding the legislative approval required in section  42-108,
 29        Idaho Code, any storage water release from U.S. bureau of reclamation res-
 30        ervoirs  within  the  state of Idaho for use to augment river flows during
 31        the migration of Snake River salmon  pursuant  to  this  section  must  be
 32        rented  through  the water bank operated by the Idaho water resource board
 33        pursuant to sections 42-1761 through 42-1764, Idaho Code, or through local
 34        water rental committees, created pursuant to section 42-1765, Idaho  Code,
 35        under their respective water bank rules.
 36        (b)  For  any rental of water pursuant to this section, the director shall
 37        not be required to determine under section 42-1763,  Idaho  Code,  whether
 38        the  water  supply  is  sufficient for the purpose for which it is sought,
 39        whether the rental would cause the use of water to be enlarged beyond that
 40        authorized under the water right to be rented, whether such use is in  the
 41        public  interest,  or whether such use is consistent with the factors enu-
 42        merated under subsection (3) of section 42-401, Idaho Code.
 43        (3)  Conditions on storage water rentals.
                                                                        
                                           2
                                                                        
  1        (a)  Any storage water made available under this section shall be obtained
  2        only from willing lessors. Any water rented under this section from reser-
  3        voirs located within a basin having a local rental pool  committee  estab-
  4        lished  pursuant to section 42-1765,  Idaho Code, shall be rented pursuant
  5        to this section only through the local rental pool committee.
  6        (b)  Storage water made available under this section shall be  limited  to
  7        four  hundred  twenty-seven  thousand  (427,000) acre feet annually. These
  8        releases from storage shall be reduced by other water the U.S.  bureau  of
  9        reclamation provides for augmentation of salmon flows from the Snake River
 10        and its tributaries.
 11        (c)  In  no  event shall the release of water under this section cause the
 12        water surface of Cascade Reservoir to be below the elevation  required  to
 13        maintain  a  storage volume of three hundred thousand (300,000) acre feet,
 14        fifty thousand (50,000) acre feet of which is dead space,  which  is  cur-
 15        rently estimated to be at an elevation of four thousand eight hundred nine
 16        and two-tenths (4,809.2) feet.
 17        (d)  The  U.S. bureau of reclamation shall report on the plan for releases
 18        for the spring and summer chinook prior to such releases and on  the  plan
 19        for  releases  for the fall chinook by July 15, 20001.  The U.S. bureau of
 20        reclamation shall submit a report to the director by  January  15,  20012,
 21        describing  the  time,  volume  and  purpose of storage water released for
 22        salmon purposes during the year 20001.
 23        (e)  All storage water rented from U.S. bureau of  reclamation  reservoirs
 24        under  this  section must be used for power production purposes within the
 25        state of Idaho.
 26        (f)  Nothing herein shall entitle the U.S. bureau of reclamation  to  rent
 27        storage  water  upon  termination or expiration of the permission given in
 28        this section.
 29        (4)  Nothing in this section shall be construed to alter in  any  way  the
 30    existing  contractual obligations of the U.S. bureau of reclamation or to con-
 31    stitute a finding by the legislature that the rental or use of  storage  water
 32    for  augmentation  of flows for salmon migration is a beneficial use of water,
 33    that it is in the public interest, or whether such use injures existing  water
 34    rights.
 35        (5)  This  section shall not become effective until the director certifies
 36    to the governor that the U.S. bureau of reclamation's applications to transfer
 37    water right numbers 4616, 4617, 4618, 4623,  4625,  4626,  4627,  4628,  4629,
 38    4630,  4631,  4632,  4633  and  4636,  and to amend water right permit numbers
 39    25-07004 and 63-3618 will be held in abeyance until July 1, 20001.
 40        (6)  On and after January 1, 20012, this act shall be null, void and of no
 41    force and effect.
                                                                        
 42        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 43    declared to exist, this act shall be in full force and effect on and after its
 44    passage and approval and retroactively to January 1, 2001.

Statement of Purpose / Fiscal Impact


	           STATEMENT OF PURPOSE

                          RS 11305

	The purpose of this legislation is to renew the existing 
statute 42-1763B and provide statutory authority for the 
temporary use of storage water from Idaho for flow augmentation 
purposes during the year 2001. The legislation sunsets January
1, 2002.



                        FISCAL IMPACT



None.



Contact
Name:	Rep. Cameron Wheeler
Phone:	(208) 332-1000
Name:	Norm Semanko, Idaho Water Users Association 
Phone: (208) 344-6690





STATEMENT OF PURPOSE/FISCAL NOTE		H 383