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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