View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1100.............................................by RESOURCES AND ENVIRONMENT
WATER RIGHTS - Amends and adds to existing law to clarify the intent of the
Legislature not to diminish or impair certain statutory or common law defenses
to forfeiture of water rights; and to provide that water conservation
practices do not subject water rights to forfeiture.
02/10 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Res/Env
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Inram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Burkett
Floor Sponsor - Burtenshaw
Title apvd - to House
03/04 House intro - 1st rdg - to Res/Con
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 69-0-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet,
Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,
Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Gagner
Floor Sponsor - Raybould
Title apvd - to Senate
03/19 To enrol
03/20 Rpt enrol - Pres signed
03/21 Sp signed
03/24 To Governor
03/27 Governor signed
Session Law Chapter 166
Effective: 03/27/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1100
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO WATER RIGHTS; AMENDING SECTION 42-223, IDAHO CODE, TO CLARIFY
3 INTENT OF THE LEGISLATURE NOT TO DIMINISH OR IMPAIR CERTAIN STATUTORY OR
4 COMMON LAW DEFENSES TO FORFEITURE AND TO PROVIDE THAT WATER CONSERVATION
5 PRACTICES DO NOT SUBJECT WATER RIGHTS TO FORFEITURE; AMENDING CHAPTER 2,
6 TITLE 42, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 42-250, IDAHO CODE,
7 TO RECOGNIZE AND DEFINE WATER CONSERVATION PRACTICES AND CONSERVED WATER;
8 AND DECLARING AN EMERGENCY.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 42-223, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 42-223. EXCEPTIONS OR DEFENSES TO FORFEITURE. A right to the use of water
13 shall not be lost by forfeiture pursuant to the provisions of section 42-222,
14 Idaho Code, for a failure to apply the water to beneficial use under the con-
15 ditions specified in any subsection of this section. The legislature does not
16 intend through enactment of this section to diminish or impair any statutory
17 or common law exception or defense to forfeiture existing on the date of
18 enactment or amendment of this section, or to preclude judicial or administra-
19 tive recognition of other exceptions or defenses to forfeiture recognized in
20 Idaho case law or other provisions of the Idaho Code. No provision of this
21 section shall be construed to imply that the legislature does not recognize
22 the existence or validity of any common law exception or defense to forfeiture
23 existing on the date of enactment or amendment of this section.
24 (1) A water right appurtenant to land contracted in a federal cropland
25 set-aside program shall not be lost or forfeited for nonuse during the con-
26 tracted period. The running of any five (5) year period of nonuse for forfei-
27 ture of a water right shall be tolled during the time that the land remains in
28 the cropland set-aside program.
29 (2) A water right held by a municipal provider to meet reasonably antici-
30 pated future needs shall be deemed to constitute beneficial use, and such
31 rights shall not be lost or forfeited for nonuse unless the planning horizon
32 specified in the license has expired and the quantity of water authorized for
33 use under the license is no longer needed to meet reasonably anticipated
34 future needs.
35 (3) A water right shall not be lost or forfeited by a failure to divert
36 and apply the water to beneficial use if the water is not needed to maintain
37 full beneficial use under the right because of land application of waste for
38 disposal purposes including, but not limited to, discharge from dairy lagoons
39 used in combination with or substituted for water diverted under the water
40 right.
41 (4) A water right shall not be lost or forfeited by a failure to divert
42 and apply the water to beneficial use if the reason for the nonuse of the
43 water is to comply with the provisions of a ground water management plan
2
1 approved by the director of the department of water resources pursuant to sec-
2 tion 42-233a or 42-233b, Idaho Code.
3 (5) A water right shall not be lost or forfeited by a failure of the
4 owner of the right to divert and apply the water to beneficial use while the
5 water right is placed in the water supply bank or is retained in or rented
6 from the water supply bank pursuant to sections 42-1761 through 42-1765A,
7 Idaho Code, or while the water right is leased pursuant to sections 43-335
8 through 43-342, Idaho Code, or sections 42-2501 through 42-2509, Idaho Code,
9 or while use of the water is made under any other provision of law authorizing
10 the rental or lease of water rights.
11 (6) No portion of any water right shall be lost or forfeited for nonuse
12 if the nonuse results from circumstances over which the water right owner has
13 no control. Whether the water right owner has control over nonuse of water
14 shall be determined on a case-by-case basis.
15 (7) No portion of a water right held by an irrigation district, a Carey
16 Act operating company, or any other company, corporation, association, or
17 entity which holds water rights for distribution to its landowners, share-
18 holders or members shall be lost or forfeited due to nonuse by such landown-
19 ers, shareholders or members, unless the nonuse is subject to the control of
20 such entity.
21 (8) No portion of a water right held by an irrigation district shall be
22 lost, forfeited or subject to forfeiture as a result of the exclusion of land
23 from the district pursuant to chapter 11, title 43, Idaho Code, so long as any
24 five (5) year period of nonuse following the exclusion does not result from
25 circumstances over which the district has control.
26 (9) No portion of any water right shall be lost or forfeited for nonuse
27 if the nonuse results from a water conservation practice, which maintains the
28 full beneficial use authorized by the water right, as defined in section
29 42-250, Idaho Code.
30 SECTION 2. That Chapter 2, Title 42, Idaho Code, be, and the same is
31 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
32 ignated as Section 42-250, Idaho Code, and to read as follows:
33 42-250. WATER CONSERVATION. (1) The legislature finds that voluntary
34 water conservation practices and projects can advance the policy of the state
35 of Idaho to promote and encourage the conservation, development, augmentation
36 and utilization of the water resources of this state. The legislature deems it
37 appropriate, therefore, to encourage and support voluntary water conservation
38 practices and projects.
39 (2) For purposes of this section, "water conservation practice" means any
40 practice, improvement, project or management program, that results in the
41 diversion of less than the authorized quantity of water while maintaining the
42 full beneficial use(s) authorized by the water right. Water conservation prac-
43 tices include, but are not limited to, practices that result in reductions in
44 consumptive use as defined in section 42-202B, Idaho Code, reductions in con-
45 veyance losses, and reductions in surface and seepage losses occurring at the
46 place of use.
47 (3) For the purposes of this section, "conserved water" means the quan-
48 tity of water that is no longer diverted as a result of a water conservation
49 practice. Conserved water shall not include quantities of water not diverted
50 due to decreases in beneficial use.
51 SECTION 3. An emergency existing therefor, which emergency is hereby
52 declared to exist, this act shall be in full force and effect on and after its
3
1 passage and approval.
STATEMENT OF PURPOSE
RS 12842C1
This legislation defines, encourages and supports water
conservation practices. It also provides that water conservation does
not subject water rights to forfeiture.
FISCAL IMPACT
There is no fiscal impact
Contact
Name: Norman Semanko, Idaho Water Users Association
Phone: 208-332-1333
STATEMENT OF PURPOSE/FISCAL NOTE S 110