2004 Legislation
Print Friendly

HOUSE BILL NO. 849 – Water rights, Snake Plain Aquifer

HOUSE BILL NO. 849

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



H0849.....................................................by WAYS AND MEANS
WATER RIGHTS - Adds to existing law relating to the administration of water
rights within the Eastern Snake Plain; providing legislative findings
relating to hydraulic connections of the water supply in the Eastern Snake
Plain Aquifer, diminished discharges from certain springs and the effect of
such diminished discharges on water rights, and the scientific and legal
uncertainty as to the extent of material injury caused by ground water
depletions and the manner in which the state is addressing the uncertainty;
declaring legislative intent relating to conjunctive administration of
certain water rights, the provision of certain mitigation for material
injury caused by ground water withdrawal and use, the continual progress of
the state of Idaho relating to the conjunctive administration of rights to
the use of interconnected surface and ground waters within the Eastern
Snake Plain, the additional work that is required to achieve full and
timely conjunctive administration of interconnected surface and ground
water rights; declaring that it is essential that the state provide a
reasonable degree of certainty in water rights administration for the
benefit and safeguard of its citizens, the state, and local economies that
rely upon the diversion and use of water for their viability; and
determining that the "Eastern Snake Plain Aquifer Mitigation, Recovery and
Restoration Actions" constitutes sufficient mitigation for any material
injury, to the extent it is occurring, to senior water rights in the
Thousand Springs Reach of the Snake River for the period from March 15
2004, through March 15, 2005.
                                                                        
03/20    House intro - 1st rdg - to printing
    Rpt prt - to 2nd rdg
    Rls susp - PASSED - 61-0-9
      AYES -- Andersen, Barraclough, Barrett, 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 -- 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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 849
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE ADMINISTRATION OF WATER RIGHTS WITHIN THE EASTERN SNAKE PLAIN;
  3        PROVIDING LEGISLATIVE FINDINGS RELATING TO HYDRAULIC  CONNECTIONS  OF  THE
  4        WATER  SUPPLY  IN  THE  EASTERN SNAKE PLAIN AQUIFER, PROVIDING LEGISLATIVE
  5        FINDINGS RELATING TO DIMINISHED DISCHARGES FROM CERTAIN  SPRINGS  AND  THE
  6        EFFECT OF SUCH DIMINISHED DISCHARGES ON WATER RIGHTS, AND PROVIDING LEGIS-
  7        LATIVE FINDINGS RELATING TO THE SCIENTIFIC AND LEGAL UNCERTAINTY AS TO THE
  8        EXTENT OF MATERIAL INJURY CAUSED BY GROUND WATER DEPLETIONS AND THE MANNER
  9        IN  WHICH  THE  STATE IS ADDRESSING THE UNCERTAINTY; DECLARING LEGISLATIVE
 10        INTENT RELATING TO THE CONJUNCTIVE ADMINISTRATION OF CERTAIN WATER  RIGHTS
 11        AND DECLARING LEGISLATIVE INTENT RELATING TO THE PROVISION OF CERTAIN MIT-
 12        IGATION  FOR  MATERIAL  INJURY  CAUSED BY GROUND WATER WITHDRAWAL AND USE;
 13        DECLARING LEGISLATIVE INTENT RELATING TO THE  CONTINUAL  PROGRESS  OF  THE
 14        STATE OF IDAHO RELATING TO THE CONJUNCTIVE ADMINISTRATION OF RIGHTS TO THE
 15        USE  OF  INTERCONNECTED SURFACE AND GROUND WATERS WITHIN THE EASTERN SNAKE
 16        PLAIN; DECLARING LEGISLATIVE INTENT RELATING TO THE ADDITIONAL  WORK  THAT
 17        IS  REQUIRED  TO  ACHIEVE  FULL  AND  TIMELY CONJUNCTIVE ADMINISTRATION OF
 18        INTERCONNECTED SURFACE AND GROUND WATER RIGHTS AND DECLARING  THAT  IT  IS
 19        ESSENTIAL THAT THE STATE PROVIDE A REASONABLE DEGREE OF CERTAINTY IN WATER
 20        RIGHTS  ADMINISTRATION  FOR THE BENEFIT AND SAFEGUARD OF ITS CITIZENS, THE
 21        STATE, AND LOCAL ECONOMIES THAT RELY UPON THE DIVERSION AND USE  OF  WATER
 22        FOR THEIR VIABILITY; AND DETERMINING THAT THE "EASTERN SNAKE PLAIN AQUIFER
 23        MITIGATION,  RECOVERY AND RESTORATION ACTIONS" CONSTITUTE SUFFICIENT MITI-
 24        GATION FOR ANY MATERIAL INJURY, TO THE EXTENT IT IS OCCURRING,  TO  SENIOR
 25        WATER  RIGHTS  IN  THE  THOUSAND  SPRINGS REACH OF THE SNAKE RIVER FOR THE
 26        PERIOD FROM MARCH 15, 2004 THROUGH MARCH 15, 2005; AND DECLARING AN  EMER-
 27        GENCY.
                                                                        
 28    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 29        SECTION  1.  LEGISLATIVE  FINDINGS.  (1)  The  water supply in the Eastern
 30    Snake Plain Aquifer is hydraulically connected to the Snake River  and  tribu-
 31    tary  surface  water sources at various places and to varying degrees.  One of
 32    the locations at which a direct hydraulic connection exists between the  East-
 33    ern  Snake  Plain Aquifer and the surface water sources tributary to the Snake
 34    River is in the Thousand Springs Reach of the  Snake  River   located  at  the
 35    western  edge  of  the  Eastern  Snake  Plain  Aquifer  east  and southeast of
 36    Hagerman, Idaho.
 37        (2)  Discharges from springs in the Thousand Springs Reach  of  the  Snake
 38    River  have  diminished  and  are  expected to be further diminished primarily
 39    because of drought and significant reductions in incidental  recharge  of  the
 40    Eastern  Snake  Plain  Aquifer  from  surface  water irrigation resulting from
 41    changes in surface water irrigation systems and application  practices.   When
 42    superimposed  on  diminished  spring  discharges  resulting  from  drought and
 43    changes in surface water irrigation, reductions in spring discharges caused by
 44    ground water depletions under relatively  junior  priority  water  rights  can
                                                                        
                                           2
                                                                        
  1    cause injury to senior priority water rights dependent on spring sources.
  2        (3)  There  presently  remains  scientific and legal uncertainty as to the
  3    extent of material injury caused by ground water  depletions.   The  state  is
  4    addressing  this  uncertainty  through reformulation of the ground water model
  5    for the Eastern Snake Plain Aquifer and other actions.
                                                                        
  6        SECTION 2.  LEGISLATIVE INTENT. (1) It is legislative intent that the con-
  7    junctive administration of water rights from the Eastern Snake  Plain  Aquifer
  8    and hydraulically connected surface water sources be achieved in a manner con-
  9    sistent with Idaho law implementing the prior appropriation doctrine.
 10        (2)  It  is  legislative intent that the holders of junior priority ground
 11    water rights on the Eastern Snake Plain subject to administration within water
 12    districts created pursuant to Chapter 6, Title 42, Idaho Code, be required  to
 13    provide mitigation to the holders of senior priority water rights from hydrau-
 14    lically  connected  surface  water  sources  to  the extent of material injury
 15    caused by ground water withdrawal and use.
                                                                        
 16        SECTION 3. The state of Idaho has dedicated significant resources and  has
 17    made continual progress over the past two decades toward the goal of achieving
 18    full conjunctive administration of rights to the use of interconnected surface
 19    and ground waters within the Eastern Snake Plain consistent with Idaho law and
 20    available information. This progress includes: issuance of partial decrees for
 21    a  substantial  number of the previously unadjudicated water rights claimed in
 22    the pending Snake River basin adjudication; the formation of ground water dis-
 23    tricts pursuant to Chapter 52, Title 42, Idaho Code; the formation and  opera-
 24    tion of water districts pursuant to Chapter 6, Title 42, Idaho Code, to admin-
 25    ister  rights  to  the  use of ground water; and reformulation of the computer
 26    model used to simulate the effects of ground water withdrawals from the  East-
 27    ern  Snake  Plain  Aquifer  upon  hydraulically connected reaches of the Snake
 28    River and other investigations.
                                                                        
 29        SECTION 4. Despite the significant progress that the state  has  achieved,
 30    additional work is required to achieve full and timely conjunctive administra-
 31    tion  of  interconnected surface and ground water rights. It is essential that
 32    the state provide a reasonable degree of certainty in water rights administra-
 33    tion for the benefit and safeguard of its citizens and  for  the  benefit  and
 34    safeguard  of  the  state and local economies that rely upon the diversion and
 35    use of water for their viability.
                                                                        
 36        SECTION 5. Cognizant of the unique character of water as a vital and  pre-
 37    cious  public resource subject to the regulation and control of the state in a
 38    manner prescribed by law, the Legislature of the State of  Idaho  does  hereby
 39    determine  that  the actions contained within the "Eastern Snake Plain Aquifer
 40    Mitigation, Recovery and Restoration Actions" on file with the  Idaho  Depart-
 41    ment  of Water Resources and the Office of the Attorney General are sufficient
 42    mitigation for any material injury, to the extent it is occurring,  to  senior
 43    water  rights  in the Thousand Springs Reach of the Snake River for the period
 44    from March 15, 2004 through March 15, 2005.
                                                                        
 45        SECTION 6. An emergency  existing  therefor,  which  emergency  is  hereby
 46    declared to exist, this act shall be in full force and effect on and after its
 47    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14294
The purpose of this legislation is to adopt the "Eastern Snake
Plain Aquifer Mitigation, Recovery and Restoration Actions for
2004" on file with the Idaho Department of Water Resources and
the Office of the Attorney General as approved mitigation in
accordance with its terms for the period from March 15, 2004, to
March 15, 2005.
                          FISCAL IMPACT
Enactment of this legislation will have significant positive
effects upon the state's general fund or other state and local
funds through its intended effect of safeguarding the viability
of economic activities relying upon the diversion and use of
water within a significant portion of the state.


Contact
Name: Rep. Bert Stevenson
      Rep. Dell Raybould 
Phone: (208) 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                       H 849