2001 Legislation
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SENATE BILL NO. 1003 – Water right/temp exchange/drought

SENATE BILL NO. 1003

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S1003..........................................by RESOURCES AND ENVIRONMENT
WATER RIGHTS - Amends existing law relating to water rights to allow
temporary changes to water rights by transfer or exchange of water during a
drought emergency; and to add a statutory reference to provide that the
director of the Department of Water Resources is not required to publish
notice or make findings in regard to these temporary changes.
                                                                        
01/15    Senate intro - 1st rdg - to printing
01/16    Rpt prt - to Res/Env

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1003
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO WATER USE; AMENDING SECTION 42-222A, IDAHO CODE, TO  ALLOW  TEMPO-
  3        RARY  CHANGES  TO  WATER  RIGHTS BY TRANSFER OR EXCHANGE OF WATER DURING A
  4        DROUGHT EMERGENCY, TO ADD A STATUTORY REFERENCE TO PROVIDE THAT THE DIREC-
  5        TOR OF THE DEPARTMENT OF WATER RESOURCES IS NOT REQUIRED TO PUBLISH NOTICE
  6        OR MAKE FINDINGS IN REGARD TO CHANGES PURSUANT  TO  THIS  SECTION  AND  TO
  7        CHANGE A REFERENCE FROM ACT TO SECTION; AND DECLARING AN EMERGENCY.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section 42-222A, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        42-222A.  EMERGENCY TRANSFERS TEMPORARY CHANGES DURING DROUGHT CONDITIONS.
 12    (1) Upon declaration of a drought emergency for  an  area  designated  by  the
 13    director  of the department of water resources and approved by the governor of
 14    the state of Idaho, the director of  the  department  of  water  resources  is
 15    authorized to allow temporary changes to the use of water rights consisting of
 16    temporary  transfers to change point of diversion, place and purpose of use of
 17    valid existing water rights or temporary exchanges of water  rights,  as  pro-
 18    vided  in  section  42-240, Idaho Code, when the director of the department of
 19    water resources determines that such change(s) can be accomplished  in  accor-
 20    dance with the provisions of this section.
 21        (2)  Application  for a temporary change shall be made upon forms provided
 22    by the department of water resources and shall be accompanied by  an  applica-
 23    tion fee of fifty dollars ($50.00) per application.
 24        (3)  The  director of the department of water resources is not required to
 25    publish notice of the proposed change pursuant to the  provisions  of  section
 26    42-211,  or 42-222(1) or 42-240, Idaho Code, and is not required to make find-
 27    ings as provided in said sections. A temporary change  may  be  approved  upon
 28    completion of the application form, payment of the filing fee and a determina-
 29    tion  by  the  director of the department of water resources that the proposed
 30    change can be properly administered and  there  is  no  information  that  the
 31    change  will injure any other water right. If the water right to be changed is
 32    administered by a watermaster within a water district,  the  director  of  the
 33    department of water resources shall obtain and consider the recommendations of
 34    the watermaster before approving the temporary change application.
 35        (4)  All temporary changes approved pursuant to the provisions of this act
 36    section  shall  expire  on  the  date shown in the approval which shall not be
 37    later than December 31 of the year in which the emergency transfer approval is
 38    made and thereafter the water right shall revert to the point of diversion and
 39    place of use existing prior to the temporary change. Nothing herein  shall  be
 40    construed  as  approval  to  authorize the construction of a new well as a new
 41    point of diversion.
 42        (5)  The recipient of an approved temporary change issued pursuant to this
 43    section shall assume all risk that the diversion and  use  of  the  water  may
                                                                        
                                           2
                                                                        
  1    cause injury to other water rights, that the change constitutes an enlargement
  2    in  use of the original right, that the use is not consistent with the conser-
  3    vation of water resources within the state of Idaho and that such use  is  not
  4    in  the  local  public  interest.  Any applicant for a temporary change who is
  5    aggrieved by a denial by the director of the department of water resources  of
  6    a  temporary change pursuant  to this act section may request a hearing pursu-
  7    ant to the provisions of section 42-1701A(3), Idaho Code, and may  seek  judi-
  8    cial  review  of the final order of the director pursuant to the provisions of
  9    section 42-1701A(4), Idaho Code.
 10        (6)  Temporary changes shall only be approved for the purpose of providing
 11    a replacement water supply to lands or other uses which normally have  a  full
 12    water  supply  except  for  a  drought condition. Temporary changes may not be
 13    approved to provide water for new projects or to allow expansion of the use of
 14    water under existing water rights. If the right to use the water,  the  diver-
 15    sion works or the water delivery system is represented by shares of stock in a
 16    corporation  or  if such right, diversion works or delivery system is owned or
 17    managed by an irrigation district, no change in point of diversion or place or
 18    nature of use of such water shall be made or allowed without the written  con-
 19    sent of such corporation or irrigation district.
                                                                        
 20        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 21    declared to exist, this act shall be in full force and effect on and after its
 22    passage and approval.

Statement of Purpose / Fiscal Impact



                        STATEMENT OF PURPOSE
                                  
                             RS 10508C1.
                                  
    The purpose of this legislation is to broaden the scope of
    Section 42-222A, Idaho Code, which allows temporary changes
    in existing water rights, to include approval of temporary
    exchanges during a designated drought emergency. During the
    summer of 2000, drought emergencies were designated in five
    counties in south central Idaho thereby allowing expedited
    approval of temporary transfers to make effective use of
    short water supplies. Under a temporary transfer, the
    location of the point of diversion, place of use, and/or
    nature of use can be changed for the remainder of the
    irrigation season. However, a number of proposed changes
    could not be approved under existing law because rather than
    a transfer, an exchange in the use of water from the same or
    different water source, or under one or more water rights
    from the same or different water source, was proposed.
    Enactment of this bill would allow proposals involving
    temporary exchanges of water rights to be allowed if the
    proposal is otherwise approvable under the provisions of the
    existing Section 42-240, Idaho Code, which provides for
    approval of permanent exchanges.
                              FISCAL IMPACT

This change will not require additional appropriations to the Department of Water Resources. The filing
fee of $50.00 per application will provide a small increase to the Department s Fee Account. The
largest impact will be the positive effect on local economies from allowing available water supplies to
be used more effectively during a drought emergency.













Karl Dreher/Norm Young
Department of Water Resources
327-7910

STATEMENT OF PURPOSE/FISCAL NOTE                                                                  S100