2001 Legislation
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SENATE BILL NO. 1122 – Water rights, temporary changes

SENATE BILL NO. 1122

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Daily Data Tracking History



S1122..........................................by RESOURCES AND ENVIRONMENT
WATER RIGHTS - Amends existing law to allow temporary changes to water
rights by transfer or exchange of water during a drought emergency; and to
provide 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 the changes.
                                                                        
02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Res/Env
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 31-3-1
      AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
      Cameron, Danielson, Darrington, Davis, Deide, Frasure, Geddes,
      Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge,
      Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Thorne,
      Wheeler, Williams,
      NAYS -- Dunklin, Stennett, Whitworth
      Absent and excused -- Stegner
    Floor Sponsor -- Hawkins
    Title apvd - to House
03/07    House intro - 1st rdg - to Res/Con
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 62-0-8
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Chase, Collins, Crow, Cuddy, Deal,
      Denney, Eskridge, Field(20), Gagner, Gould, Hadley, Hammond, Harwood,
      Higgins, Hornbeck, Jaquet, 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, Swan, Tilman, Trail, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Campbell, Clark, Ellis, Ellsworth, Field(13),
      Henbest, Jones, Wheeler
    Floor Sponsor -- Stevenson
    Title apvd - to Senate
03/19    To enrol
03/20    Rpt enrol - Pres signed
03/21    Sp signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 126
         Effective: 03/23/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1122
                                                                        
                           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 authorized  to  be
 18    diverted  under  water rights, as provided in section 42-240, Idaho Code, when
 19    the director of  the  department  of  water  resources  determines  that  such
 20    change(s)  can  be accomplished in accordance with the provisions of this sec-
 21    tion.
 22        (2)  Application for a temporary change shall be made upon forms  provided
 23    by  the  department of water resources and shall be accompanied by an applica-
 24    tion fee of fifty dollars ($50.00) per application.
 25        (3)  The director of the department of water resources is not required  to
 26    publish  notice  of  the proposed change pursuant to the provisions of section
 27    42-211, or 42-222(1) or 42-240, Idaho Code, and is not required to make  find-
 28    ings  as  provided  in  said sections. A temporary change may be approved upon
 29    completion of the application form, payment of the filing fee and a determina-
 30    tion by the director of the department of water resources  that  the  proposed
 31    change  can  be  properly  administered  and  there is no information that the
 32    change will injure any other water right. If the water right to be changed  is
 33    administered  by  a  watermaster  within a water district, the director of the
 34    department of water resources shall obtain and consider the recommendations of
 35    the watermaster before approving the temporary change application.
 36        (4)  All temporary changes approved pursuant to the provisions of this act
 37    section shall expire on the date shown in the  approval  which  shall  not  be
 38    later than December 31 of the year in which the emergency transfer approval is
 39    made and thereafter the water right shall revert to the point of diversion and
 40    place  of  use existing prior to the temporary change. Nothing herein shall be
 41    construed as approval to authorize the construction of a new  well  as  a  new
 42    point of diversion.
 43        (5)  The recipient of an approved temporary change issued pursuant to this
                                                                        
                                           2
                                                                        
  1    section  shall  assume  all  risk  that the diversion and use of the water may
  2    cause injury to other water rights, that the change constitutes an enlargement
  3    in use of the original right, that the use is not consistent with the  conser-
  4    vation  of  water resources within the state of Idaho and that such use is not
  5    in the local public interest. Any applicant for  a  temporary  change  who  is
  6    aggrieved  by a denial by the director of the department of water resources of
  7    a temporary change pursuant to this act section may request a hearing pursuant
  8    to the provisions of section 42-1701A(3), Idaho  Code, and may  seek  judicial
  9    review  of  the final order of the director pursuant to the provisions of sec-
 10    tion 42-1701A(4), Idaho Code.
 11        (6)  Temporary changes shall only be approved for the purpose of providing
 12    a replacement water supply to lands or other uses which normally have  a  full
 13    water  supply  except  for  a  drought condition. Temporary changes may not be
 14    approved to provide water for new projects or to allow expansion of the use of
 15    water under existing water rights. If the right to use the water,  the  diver-
 16    sion works or the water delivery system is represented by shares of stock in a
 17    corporation  or  if such right, diversion works or delivery system is owned or
 18    managed by an irrigation district, no change in point of diversion or place or
 19    nature of use of such water shall be made or allowed without the written  con-
 20    sent of such corporation or irrigation district.
                                                                        
 21        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 22    declared to exist, this act shall be in full force and effect on and after its
 23    passage and approval.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS11041
                                
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.

     CONTACT: Karl DreherfNorm Young 
               Department of Water Resources
       Phone:   208-327-7910


STATEMENT OF PURPOSE/FISCAL NOTE                       S 112