2003 Legislation
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SENATE BILL NO. 1100 – Water right/conservatn/not forfeit

SENATE BILL NO. 1100

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                       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