2004 Legislation
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HOUSE BILL NO. 848 – Ground water rights, mitigation

HOUSE BILL NO. 848

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                       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