Print Friendly HOUSE BILL NO. 383 – River flow augmentation, Salmon
HOUSE BILL NO. 383
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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,
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
|||| 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, 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.
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
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
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
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