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H0848.....................................................by WAYS AND MEANS
GROUND WATER RIGHTS - Adds to existing law relating to the administration
of ground water rights within the Eastern Snake River Plain; declaring
legislative intent relating to conjunctive administration of certain water
rights; declaring legislative intent relating to the provision of certain
mitigation for material injury caused by ground water withdrawal and use;
declaring legislative intent relating to the equitable sharing of certain
mitigation and providing that beginning April 1, 2004, the holders of
certain ground water rights shall be deemed nonmember participants solely
for mitigation purposes in a ground water district pursuant to the
provisions of Section 42-5259, Idaho Code.
03/20 House intro - 1st rdg - to printing
Rpt prt - to 2nd rdg
Rls susp - PASSED - 60-0-10
AYES -- Andersen, Barraclough, Bayer, Bedke, Bell, Black, Block, Boe,
Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy, Deal, Denney,
Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,
Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,
Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,
Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smylie, Snodgrass, Stevenson, Wills, Wood
NAYS -- None
Absent and excused -- Barrett, Bauer, Clark, Eberle, Harwood,
Ridinger, Roberts, Smith(24), Trail, Mr. Speaker
Floor Sponsors - Stevenson & Raybould
Title apvd - to Senate
03/20 Senate intro - 1st rdg - to Res/Env
Rpt out - rec d/p - to 2nd rdg
Rls susp - PASSED - 31-0-4
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Keough, Little, Lodge, Marley, McKenzie,
McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner,
Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Burtenshaw, Kennedy, Malepeai, Noble
Floor Sponsor - Noh
Title apvd - to House
03/22 To enrol - Rpt enrol - Sp signed - Pres signed
To Governor
03/26 Governor signed
Session Law Chapter 352
Effective: 03/26/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 848
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO THE ADMINISTRATION OF GROUND WATER RIGHTS WITHIN THE EASTERN SNAKE
3 RIVER PLAIN; DECLARING LEGISLATIVE INTENT RELATING TO THE CONJUNCTIVE
4 ADMINISTRATION OF CERTAIN WATER RIGHTS; DECLARING LEGISLATIVE INTENT
5 RELATING TO THE PROVISION OF CERTAIN MITIGATION FOR MATERIAL INJURY CAUSED
6 BY GROUND WATER WITHDRAWAL AND USE; DECLARING LEGISLATIVE INTENT RELATING
7 TO THE EQUITABLE SHARING OF CERTAIN MITIGATION AND PROVIDING THAT BEGIN-
8 NING APRIL 1, 2004, THE HOLDERS OF CERTAIN GROUND WATER RIGHTS SHALL BE
9 DEEMED NONMEMBER PARTICIPANTS SOLELY FOR MITIGATION PURPOSES IN A GROUND
10 WATER DISTRICT PURSUANT TO THE PROVISIONS OF SECTION 42-5259, IDAHO CODE;
11 AND DECLARING AN EMERGENCY.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. It is legislative intent that the conjunctive administration
14 of water rights from the Eastern Snake River Plain Aquifer and hydraulically
15 connected surface water sources be achieved in a manner consistent with the
16 prior appropriation doctrine and state law.
17 SECTION 2. It is legislative intent that the holders of junior priority
18 ground water rights on the Eastern Snake River Plain subject to administration
19 within water districts created pursuant to Chapter 6, Title 42, Idaho Code, be
20 required to provide mitigation to the holders of senior priority water rights
21 from hydraulically connected surface water sources beginning April 1, 2004,
22 for material injury caused by ground water withdrawal and use.
23 SECTION 3. It is the intent of the Legislature to ensure that the burden
24 of providing mitigation for junior ground water diversions from the Eastern
25 Snake River Plain Aquifer causing material injury to senior priority water
26 rights is equitably shared by the holders of all such junior ground water
27 rights subject to administration within water districts created pursuant to
28 Chapter 6, Title 42, Idaho Code. It is, therefore, hereby provided that begin-
29 ning April 1, 2004, all holders of such ground water rights not otherwise cov-
30 ered by a mitigation plan and that are not members or applicants for member-
31 ship of a ground water district created pursuant to Chapter 52, Title 42,
32 Idaho Code, with a mitigation plan approved by the Director of the Department
33 of Water Resources, shall be deemed a nonmember participant solely for mitiga-
34 tion purposes and shall be required to pay for mitigation, pursuant to Section
35 42-5259, Idaho Code, in the ground water district situated nearest the lands
36 to which the water right is appurtenant, as determined by the Director of the
37 Department of Water Resources in case of dispute.
38 SECTION 4. An emergency existing therefor, which emergency is hereby
39 declared to exist, this act shall be in full force and effect on and after its
40 passage and approval.
STATEMENT OF PURPOSE
RS 14293
The purpose of this legislation is to provide that the holders of
certain junior priority ground water rights on the Eastern Snake River
Plain subject to administration within water districts created pursuant
to Chapter 6, Title 42, Idaho Code, be required to provide mitigation
to the holders of senior priority water rights from hydraulically
connected surface water sources beginning April 1, 2004, for material
injury caused by ground water withdrawal and use.
FISCAL IMPACT
Enactment of this legislation will have no effect upon the state s
general fund or other state or local funds.
Contact
Name: Representative Bert Stevenson
Representative Dell Raybould
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 848