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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
]]]] 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 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