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S1088..........................................by RESOURCES AND ENVIRONMENT
OUTSTANDING RESOURCE WATER - Amends existing law to provide an annual
designation deadline for outstanding resource waters; to provide that
designations are to be made to the Board of Environmental Quality; to
provide for designation of water bodies; to delete reference to
recommendations by the board of certain stream segments; to provide for
initial nominating reports; to provide for legislative determination of
those water bodies to be included in the director of the Department of
Environmental Quality's final nominating report; to provide for public
notice and comment; to provide for determination of outstanding resource
waters by the Legislature; and to provide that designated agencies shall
submit best management practices for certain activities concurrent with
submission of the final nominating report for outstanding resource waters.
02/08 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to Res/Env
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1088
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO OUTSTANDING RESOURCE WATERS; AMENDING SECTION 39-3617, IDAHO CODE,
3 TO PROVIDE AN ANNUAL DESIGNATION DEADLINE, TO STRIKE REFERENCE TO THE
4 BOARD OF HEALTH AND WELFARE AND TO PROVIDE THAT DESIGNATIONS ARE TO BE
5 MADE TO THE BOARD OF ENVIRONMENTAL QUALITY, TO PROVIDE FOR THE DESIGNATION
6 OF WATER BODIES, TO STRIKE REFERENCE TO RECOMMENDATION BY THE BOARD OF
7 CERTAIN STREAM SEGMENTS FOR DESIGNATION AS OUTSTANDING RESOURCE WATERS, TO
8 PROVIDE FOR INITIAL NOMINATING REPORTS, TO PROVIDE FOR LEGISLATIVE DETER-
9 MINATION OF THOSE WATER BODIES TO BE INCLUDED IN THE DIRECTOR OF THE
10 DEPARTMENT OF ENVIRONMENTAL QUALITY'S FINAL NOMINATING REPORT, TO STRIKE A
11 REFERENCE TO THE DEPARTMENT OF HEALTH AND WELFARE'S LIST OF CERTAIN OUT-
12 STANDING RESOURCE WATERS, TO PROVIDE FOR FINAL NOMINATING REPORTS, TO PRO-
13 VIDE FOR PUBLIC NOTICE AND COMMENT AND TO PROVIDE FOR DETERMINATION OF
14 OUTSTANDING RESOURCE WATERS BY THE LEGISLATURE; AMENDING SECTION 39-3620,
15 IDAHO CODE, TO PROVIDE THAT DESIGNATED AGENCIES SHALL SUBMIT BEST MANAGE-
16 MENT PRACTICES FOR CERTAIN ACTIVITIES CONCURRENT WITH SUBMISSION OF THE
17 FINAL NOMINATING REPORT FOR OUTSTANDING RESOURCE WATERS AND TO STRIKE REF-
18 ERENCE TO THE BOARD OF HEALTH AND WELFARE AND TO DESIGNATE THE BOARD OF
19 ENVIRONMENTAL QUALITY.
20 Be It Enacted by the Legislature of the State of Idaho:
21 SECTION 1. That Section 39-3617, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 39-3617. DESIGNATION OF OUTSTANDING RESOURCE WATERS. (1) On or before
24 July 1, aAny person may request, in writing to the board of health and welfare
25 environmental quality, that a stream segment may water body be considered for
26 designation as an outstanding resource water. The board shall recommend to the
27 legislature those stream segments the board proposes for designation as out-
28 standing resource waters prepare an initial nominating report consisting of a
29 list of all nominations and a list of those nominated water bodies that the
30 board recommends for further study as outstanding resource waters and submit
31 them to the speaker of the house of representatives and the president pro tem-
32 pore of the senate prior to the beginning of the legislative session. The leg-
33 islature shall determine by law which such stream segments to designate as
34 outstanding resource waters those water bodies for which the director of the
35 department of environmental quality shall prepare a final nominating report.
36 (2) Stream segments so designated shall be included in a list of out-
37 standing resource waters to be compiled and updated by the department of
38 health and welfare in its rules governing water quality standards Final nomi-
39 nating reports shall be prepared by the department of environmental quality
40 and the appropriate designated agencies for the next legislative session. The
41 reports shall include a monitoring plan deemed adequate by the department of
42 environmental quality to identify the existing level of water quality and the
43 best management practices necessary to protect the existing level of water
2
1 quality in accordance with section 39-3620, Idaho Code. The board shall review
2 the final nominating report and make a final recommendation to the legislature
3 regarding outstanding resource water status for the waters discussed in the
4 report, after public notice and comment. The legislature shall determine by
5 law those water bodies to designate as outstanding resource waters.
6 (3) Interim status or special protection shall not be provided to streams
7 recommended by the board prior to legislative designation as an outstanding
8 resource water.
9 (4) No state agency shall delay actions, or deny or delay the processing
10 or approval of any permit for a nonpoint source activity based on nomination
11 of a segment for designation as an outstanding resource water, or while the
12 legislature is considering such designation.
13 SECTION 2. That Section 39-3620, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 39-3620. APPROVAL PROVISIONS FOR BEST MANAGEMENT PRACTICES FOR NEW
16 NONPOINT SOURCE ACTIVITIES ON OR AFFECTING OUTSTANDING RESOURCE WATERS. No
17 person may conduct a new nonpoint source activity on or affecting an outstand-
18 ing resource water, except for a short-term or temporary activity as set forth
19 in section 39-3602, Idaho Code, prior to approval by the designated agency as
20 provided in this section.
21 (1) Within six (6) months of designation of an Concurrent with submit-
22 ting the final nominating report for any outstanding resource water by to the
23 legislature, the designated agency shall develop submit best management prac-
24 tices for existing and reasonably foreseeable new nonpoint source activities.
25 In developing best management practices the designated agencies shall:
26 (a) Solicit technical advice from state and federal agencies, research
27 institutions, and universities and consult with affected landowners, land
28 managers, operators, and the public; and
29 (b) Shall assure that all public participation processes required by law
30 have been completed, but if no public participation process is required by
31 law, will require public notification and the opportunity to comment;
32 (c) Recommend proposed best management practices to the board of health
33 and welfare environmental quality.
34 (2) The board of health and welfare environmental quality and designated
35 agencies shall adopt the proposed best management practices that are in com-
36 pliance with the rules and regulations governing water quality standards, and
37 based on the recommendations of the designated agency and the comments
38 received during the public participation process;
39 (3) After adoption, these best management practices will be known as the
40 outstanding resource water best management practices and will be published by
41 the designated agency. Outstanding resource water approved best management
42 practices will be reviewed and revised where needed by the designated agency
43 every four (4) years in consultation with the department, landowners, federal
44 managers, operators and the public to determine conformance with objectives of
45 this act;
46 (4) Following adoption of best management practices, the designated
47 agency shall require implementation of applicable outstanding resource water
48 best management practices which will assure that water quality of an outstand-
49 ing resource water is not lowered;
50 (5) Where outstanding resource water best management practices have not
51 been adopted as set forth in subsections (1) through (4) of this section, the
52 designated agency shall:
53 (a) Assure that all public participation processes required by law have
3
1 been completed, but if no public participation process is required by law,
2 the designated agency shall provide for public notification of the new
3 activity and the opportunity to comment;
4 (b) Determine that the site-specific best management practices selected
5 for a new nonpoint source activity are designed to ensure that water qual-
6 ity of the outstanding resource water is not lowered; and
7 (c) Provide for review by the department that the activity is in compli-
8 ance with rules and regulations governing water quality standards.
9 (6) When the applicable outstanding resource water best management prac-
10 tices are applied, the landowner, land manager, or operator applying those
11 practices will be in compliance with the provisions of this act. In the event
12 water quality is lowered, the outstanding resource water best management prac-
13 tices will be revised within a time frame established by the designated agency
14 to ensure water quality is restored.
STATEMENT OF PURPOSE
RS 10942
The proposed legislation enables, on or before July 1, any
person may file a written request to the Board of Environmental
Quality for the consideration of a water body to be designated as
an outstanding resource water. The board shall then prepare an
initial nominating report setting forth all nominations and
listing those water bodies recommended by the Board for further
study. The initial nominating report shall be submitted to the
Legislature for determination of a final nominating report.
Final nominating reports shall be prepared by DEQ and the
appropriate designated agencies for consideration by the next
legislative session. The report shall include a monitoring plan
identifying the existing level of water quality and the best
management practices necessary to protect the existing level of
water quality. The board shall make final recommendation to the
legislature after a public notice and comment period. The
designation of outstanding resource waters shall be determined by
the legislature.
FISCAL IMPACT
Possible positive fiscal impact due to agency action as
directed by Legislature.
Contact
Name:
Senator Laird Noh
332 1333
STATEMENT OF PURPOSE/FISCAL NOTE S 108