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S1058.............................................by RESOURCES AND ENVIRONMENT
WATER RESOURCES DEPARTMENT - Amends existing law to increase a fee of the
Department of Water Resources for filing a protest or request to intervene in
a protested matter.
02/03 Senate intro - 1st rdg - to printing
02/04 Rpt prt - to Res/Env
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1058
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO WATER RIGHTS; AMENDING SECTION 42-221, IDAHO CODE, TO INCREASE
3 CERTAIN FEES OF THE DEPARTMENT OF WATER RESOURCES AND TO MAKE A TECHNICAL
4 CORRECTION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 42-221, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 42-221. FEES OF DEPARTMENT. The department of water resources shall col-
9 lect the following fees which shall constitute a fund to pay for legal adver-
10 tising, the publication of public notices and for investigations, research,
11 and providing public data as required of the department in the performance of
12 its statutory duties:
13 A. For filing an application for a permit to appropriate the public
14 waters of this state or an application to change the point of diversion,
15 place, period or nature of use of water under a vested water right:
16 1. For a quantity of 0.2 c.f.s. or less or for a storage volume of 20
17 acre feet or less ................................................... $100
18 2. For a quantity greater than 0.2 c.f.s. but not exceeding 1.0 c.f.s. or
19 for a storage volume greater than 20 acre feet but not exceeding 100 acre
20 feet ................................................................ $250
21 3. For a quantity greater than 1.0 c.f.s. but not exceeding 20 c.f.s., or
22 for a storage volume greater than 100 acre feet but not exceeding 2,000
23 acre feet ........................................................... $250
24 plus $40.00 for each additional c.f.s. or part thereof or 100 acre feet or
25 part thereof over the first 1.0 c.f.s. or 100 acre feet.
26 4. For a quantity greater than 20.0 c.f.s. but not exceeding 100 c.f.s.
27 or for a storage volume greater than 2,000 acre feet but not exceeding
28 10,000 acre feet .................................................. $1,010
29 plus $20.00 for each additional c.f.s. or part thereof or 100 acre feet or
30 part thereof over the first 20.0 c.f.s. or 2,000 acre feet.
31 5. For a quantity greater than 100.0 c.f.s. but not exceeding 500.0
32 c.f.s., or for a storage volume greater than 10,000 acre feet but not
33 exceeding 50,000 acre feet ........................................ $2,610
34 plus $10.00 for each additional c.f.s. or part thereof or 100 acre feet or
35 part thereof over the first 100 c.f.s. or 10,000 acre feet.
36 6. For a quantity greater than 500 c.f.s., or for a storage volume
37 greater than 50,000 acre feet ..................................... $6,610
38 plus $2.00 for each additional 1.0 c.f.s. or part thereof or 100 acre feet
39 or part thereof over the first 500.0 c.f.s. or 50,000 acre feet.
40 B. For filing an application for an extension of time within which to
41 resume the use of water under a vested water right ...................... $100
42 C. For filing application for amendment of permit ................ $50.00
43 D. 1. For filing claim to use right under section 42-243, Idaho Code
2
1 ..................................................................... $100
2 2. For filing a late claim to use a water right under section 42-243,
3 Idaho Code, where the date filed with the department of water resources
4 or, the postmark if mailed to the department of water resources, is:
5 i. After June 30, 1998 ....................................... $250
6 ii. After June 30, 2005 ....................................... $500
7 iii. For every ten (10) years after June 30, 2005, an additional
8 ................................................................ $500
9 E. For filing an assignment of permit ............................ $25.00
10 F. For readvertising application for permit, change, exchange, or exten-
11 sion to resume use .................................................... $50.00
12 G. For certification, each document ............................... $1.00
13 H. For making photo copies photocopies of office records, maps and docu-
14 ments for public use ................ A reasonable charge as determined by the
15 department.
16 I. For filing request for extension of time within which to submit proof
17 of beneficial use on a water right permit ............................. $50.00
18 J. For tasks requiring in excess of one (1) hour research or for comput-
19 erized data provided for public use .... A reasonable charge as determined by
20 the department.
21 K. For filing proof of beneficial use of water and requests for water
22 right license examinations, a fee based upon the rate of diversion claimed in
23 the proof of beneficial use:
24 1. For a quantity of 0.2 c.f.s. or less, or for a storage volume of 20
25 acre feet or less ................................................. $50.00
26 except no fee shall be charged for domestic use for which a permit is not
27 required.
28 2. For a quantity greater than 0.2 c.f.s. but not exceeding 1.0 c.f.s.,
29 or for a storage volume greater than 20 acre feet, but not exceeding 100
30 acre feet ........................................................... $100
31 3. For a quantity greater than 1.0 c.f.s., or for a storage volume
32 greater than 100 acre feet .......................................... $100
33 plus $25.00 for each additional c.f.s. or part thereof, or 100 acre feet
34 or part thereof, over the first 1.0 c.f.s. or 100 acre feet with a maximum
35 fee not to exceed $600.
36 L. For filing a protest or request to intervene in a protested
37 matter ............................................................... $25.100
38 M. For filing an application to alter a stream channel pursuant to chap-
39 ter 38, title 42, Idaho Code:
40 1. Application for recreational dredge permits by residents of the state
41 ................................................................... $10.00
42 2. Application for recreational dredge permits by nonresidents of the
43 state ............................................................. $30.00
44 3. Other applications ............................................ $20.00
45 N. For receipt of all notices of application within a designated area, a
46 reasonable annual charge as determined by the department.
47 All fees received by the department of water resources under the provi-
48 sions of this chapter shall be transmitted to the state treasurer for deposit
49 in the water administration account.
STATEMENT OF PURPOSE
RS 12361
The purpose of this legislation is to increase the fee from $25 to
$100 for filing a protest against the approval of an application to
appropriate water or against the approval of a change to an
existing water right initiating a contested case. The fee would
also apply to parties seeking intervention into a contested case
proceeding. The cost to the Department to conduct conferences,
hold hearings and issue decisions for contested cases is much more
than the fees received from the parties.
FISCAL IMPACT
Enactment of the proposed fee increase will not directly affect the
state's general fund, but would indirectly have a positive effect
by increasing revenues in the Department's Water Administration
Fund, which is used to fund Department administrative programs.
Based on the number of protested matters during FY 2002, up to
$10,000 in additional fees would be collected for
administrative programs.
Basis of estimate:
42 protested matters in FY 2002
Average of 3 protestants in each matter
Calculation: 42 (3) ($100 - 25) = $9,450
Round to $10,000 to account for intervenors into the contested
cases.
CONTACT
Name: Karl J. Dreher
Agency: Water Resources, Dept. of
Phone: (208) 327-7910
Statement of Purpose/Fiscal Impact S 105