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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
|||| 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 thedesires to release ofup 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 by19 the national marine fisheries service on March 2, 19952001. 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, t The 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 200 01. 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, 200 01. The U.S. bureau of 20 reclamation shall submit a report to the director by January 15, 200 12, 21 describing the time, volume and purpose of storage water released for 22 salmon purposes during the year 200 01. 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, 200 01. 40 (6) On and after January 1, 200 12, 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 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