2004 Legislation
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HOUSE BILL NO. 606 – Snake River/natural channel altered

HOUSE BILL NO. 606

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Bill Status



H0606......................................................by STATE AFFAIRS
SNAKE RIVER - Adds to existing law to provide that when an oxbow in the
Snake River was artificially created by highway construction and the oxbow
is suitable and desirable for recreational purposes and that at the time of
construction, pipes or culverts were placed under the new highway to allow
unrestricted flow of Snake River water into and out of the newly created
oxbow, that the oxbow shall be considered a permanent part of the natural
channel of the Snake River.
                                                                        
02/03    House intro - 1st rdg - to printing
02/04    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 606
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO WATERS OF THE STATE; AMENDING CHAPTER 43, TITLE 67, IDAHO CODE, BY
  3        THE ADDITION OF A NEW SECTION 67-4313, IDAHO CODE, TO PROVIDE  APPLICATION
  4        TO PORTIONS OF THE SNAKE RIVER WHICH WERE ALTERED BY HIGHWAY CONSTRUCTION;
  5        AND DECLARING AN EMERGENCY.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Chapter  43,  Title 67, Idaho Code, be, and the same is
  8    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  9    ignated as Section 67-4313, Idaho Code, and to read as follows:
                                                                        
 10        67-4313.  NATURAL  CHANNEL OF THE SNAKE RIVER ALTERED BY HIGHWAY CONSTRUC-
 11    TION. The legislature reaffirms that it is in the public interest to  specifi-
 12    cally  implement  the power of the state of Idaho to regulate the water in the
 13    natural channel of the Snake River which was altered by highway  construction,
 14    the effect being that an oxbow in the Snake River was artificially created and
 15    which  is  suitable  and desirable for recreational purposes, provided that at
 16    the time of construction, pipes or culverts were placed under the new  highway
 17    to allow unrestricted flow of Snake River water into and out of the newly cre-
 18    ated  oxbow. Therefore, it is hereby directed that such oxbow shall be consid-
 19    ered a permanent part of the natural channel of the Snake River. It is further
 20    directed that this designation shall continue even though, at  a  time  subse-
 21    quent  to the original construction, gates may have been attached to the inlet
 22    and outlet pipes for flood control and other purposes.
 23        The legislature finds that there may be some seepage  and  evaporation  of
 24    water  in the artificially created oxbow. The legislature directs that as part
 25    of the natural channel of the Snake River, water permits or licenses for  con-
 26    sumptive use shall not be required.
                                                                        
 27        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 28    declared to exist, this act shall be in full force and effect on and after its
 29    passage and approval.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 13595

*When certain conditions are met, this legislation will provide
statutory authority to continue the practice of connecting the waters
of the snake river to an oxbow in the snake river that was created by
highway construction.






                           FISCAL IMPACT



* None.
  





Contact
Name:     Representative Lake
Phone:   332-1000
      

STATEMENT OF PURPOSE/FISCAL NOTE                           H 606