2002 Legislation
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SENATE CONCURRENT RESOLUTION NO. 129 – Minimum streamflow, Clearwater Rvr

SENATE CONCURRENT RESOLUTION NO. 129

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SCR129.........................................by RESOURCES AND ENVIRONMENT
MINIMUM STREAMFLOW - States findings of the Legislature; and approves an
application to appropriate water for minimum streamflow on sections of the
Clearwater river.
                                                                        
02/11    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Res/Env

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                            SENATE CONCURRENT RESOLUTION NO. 129
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                               A CONCURRENT RESOLUTION
  2    APPROVING APPLICATION TO APPROPRIATE WATER FOR MINIMUM STREAMFLOW.
                                                                        
  3    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
  4        WHEREAS, the Idaho Water Resource Board may apply for a permit  to  appro-
  5    priate  unappropriated waters of any stream to establish a minimum streamflow;
  6    and
  7        WHEREAS, under the provisions of Section 42-1503, Idaho Code, an  approved
  8    application  shall not become finally effective until affirmatively acted upon
  9    by the Legislature, except that if the Legislature fails to act prior  to  the
 10    end  of the regular session to which the application was submitted, the appli-
 11    cation shall be considered approved; and
 12        WHEREAS, on December 21, 2001, the Department of Water Resources  approved
 13    three  applications  by issuing a Final Order authorizing the appropriation of
 14    water for minimum streamflows on the Clearwater River tributary to  the  Snake
 15    River as follows:
 16        Identification
 17        Number:        85-07583
 18        Rate of Flow:  3,515 cubic feet per second ("cfs") from December 1 through
 19                       July 31; 1,836 cfs from August 1 through November 30.
 20        Location:      Beginning  at  the  confluence of the South Fork Clearwater
 21                       and the Middle Fork Clearwater River in Lot 7  (SW  1/4  NE
 22                       1/4),  Section  5, T32N, R4E, B.M. and extending downstream
 23                       approximately 34 miles to the confluence  with  North  Fork
 24                       Clearwater  River  in Lot 8 (NW 1/4 SE 1/4 SE 1/4), Section
 25                       33, T37N, R1E, B.M.
 26        Purpose:       Instream use for the protection of fish and wildlife  habi-
 27                       tat, aquatic life, and recreational uses.
 28        Priority Date: July 30, 1992.
                                                                        
 29        Identification
 30        Number:        86-07318
 31        Rate of Flow:  5,750  cfs  from November 1 through July 31; 4,350 cfs from
 32                       August 1 through October 31.
 33        Location:      Beginning at the confluence with the North Fork  Clearwater
 34                       River  in  Lot  8 (NW 1/4 SE 1/4 SE 1/4), Section 33, T37N,
 35                       R1E, and extending downstream approximately 27 miles to the
 36                       confluence with the Potlatch River in Lot 13 (NW 1/4 SW 1/4
 37                       SW 1/4), Section 7, T36N, R3W, B.M.
 38        Purpose:       Instream use for the protection of fish and wildlife  habi-
 39                       tat, aquatic life, and recreational uses.
 40        Priority Date: July 30, 1992.
                                                                        
 41        Identification
 42        Number:        86-07345
                                                                        
                                           2
                                                                        
  1        Rate of Flow:  5,910  cfs  from November 1 through July 31; 4,498 cfs from
  2                       August 1 through October 31.
  3        Location:      Beginning at the confluence with the Potlatch River in  Lot
  4                       13  (NW  1/4 SW 1/4 SW 1/4), Section 7, T36N, R3W, B.M. and
  5                       extending downstream approximately 13 miles to  the  begin-
  6                       ning  of  backwater from the reservoir behind Lower Granite
  7                       Dam in Lots 1 and 6 (SW 1/4 NE 1/4), Section 32, T36N, R5W,
  8                       B.M.
  9        Purpose:       Instream use for the protection of fish and wildlife  habi-
 10                       tat, aquatic life, and recreational uses.
 11        Priority Date: July 30, 1992.
 12        NOW,  THEREFORE,  BE IT RESOLVED by the members of the Second Regular Ses-
 13    sion of the Fifty-sixth Idaho Legislature, the Senate and the House of  Repre-
 14    sentatives concurring therein, that the same is hereby approved subject to the
 15    conditions  and limitations contained in the Final Order issued by the Depart-
 16    ment of Water Resources on December 21, 2001.