2004 Legislation
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HOUSE JOINT MEMORIAL NO. 23 – ADOPTED+<br />

HOUSE JOINT MEMORIAL NO. 23

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Bill Status



HJM023aa..................................................by WAYS AND MEANS
SNAKE RIVER - FLOW AUGMENTATION - Stating findings of the Legislature and
opposing efforts to release large amounts of storage water for flow
augmentation, contrary to the law of the state of Idaho, and also opposing
removal or breaching of the four lower Snake River dams.
                                                                        
03/03    House intro - 1st rdg - to printing
03/04    Rpt prt - to Res/Con
03/10    Rpt out - rec d/p - to 2nd rdg
    To Gen Ord
    Rpt out amen - to engros
03/11    Rpt engros - 1st rdg - to 2nd rdg as amen
03/12    2nd rdg - to 3rd rdg as amen
    Rls susp - ADOPTED - 62-8-0
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Jaquet, Jones,
      Kellogg, Kulczyk, Lake, Langford, Martinez, McGeachin, McKague,
      Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,
      Ridinger, Ring, Roberts, Rydalch, Sali, Schaefer, Shepherd, Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Wood, Mr. Speaker
      NAYS -- Boe, Douglas, Henbest, Langhorst, Pasley-Stuart, Ringo,
      Robison, Sayler
      Absent and excused -- None
    Floor Sponsor - Mr. Speaker
    Title apvd - to Senate
03/15    Senate intro - 1st rdg - to Res/Env
03/17    Rpt out - rec d/p - to 10th Ord
03/18    10th Ord - ADOPTED - voice vote
    Floor Sponsor - Noh
    Title apvd - to House
03/18    To enrol - Rpt enrol - Sp signed
03/19    Pres signed - To Secretary of State

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                HOUSE JOINT MEMORIAL NO. 23
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                   A JOINT MEMORIAL
  2    TO THE GOVERNOR OF THE STATE OF IDAHO, THE ATTORNEY GENERAL OF  THE  STATE  OF
  3        IDAHO, THE DIRECTOR OF THE IDAHO DEPARTMENT OF WATER RESOURCES, THE DIREC-
  4        TOR  OF  THE IDAHO DEPARTMENT OF FISH AND GAME, THE OFFICE OF SPECIES CON-
  5        SERVATION FOR THE STATE OF IDAHO, THE  COUNCIL  MEMBERS  REPRESENTING  THE
  6        STATE  OF  IDAHO ON THE NORTHWEST POWER AND CONSERVATION COUNCIL, THE COM-
  7        MISSIONER OF THE BUREAU OF RECLAMATION, NOAA FISHERIES, AND  TO  THE  CON-
  8        GRESSIONAL  DELEGATION  REPRESENTING THE STATE OF IDAHO IN THE CONGRESS OF
  9        THE UNITED STATES.
                                                                        
 10        We, your Memorialists, the House of Representatives and the Senate of  the
 11    State  of  Idaho  assembled in the Second Regular Session of the Fifty-seventh
 12    Idaho Legislature, do hereby respectfully represent that:
                                                                        
 13        WHEREAS, on January 16, 2004,  several  conservation  and  fishing  groups
 14    filed a complaint in the federal district court in Oregon in the case of Amer-
 15    ican  Rivers v. NOAA Fisheries, Civ. No. 04-CV-0061-BR, alleging that the bio-
 16    logical opinions issued by NOAA Fisheries in 2001 and 2002 regarding operation
 17    of the Bureau of Reclamation projects in the Upper Snake River Basin are arbi-
 18    trary and capricious, and otherwise contrary to law, and should be  set  aside
 19    by the court; and
 20        WHEREAS,  the  complaint  also alleges that the current federal program of
 21    sending up to 427,000 acre-feet of water  downstream  for  flow  augmentation,
 22    under  a  willing-seller  program that must comply with state law, is insuffi-
 23    cient for the needs of the listed species; and
 24        WHEREAS, the complaint contends that sufficient water  needs  to  be  sent
 25    downstream from the Upper Snake River projects to meet arbitrary and unrealis-
 26    tic flow targets that have been established downstream by NOAA Fisheries; and
 27        WHEREAS, providing water downstream to meet the flow targets would require
 28    sending  millions  of acre-feet of water out of Idaho, thereby devastating its
 29    agricultural economy and significantly affecting supplies for  municipalities,
 30    recreation, resident fisheries, ground water recharge and spring flows; and
 31        WHEREAS,  Idaho  has  been  in the midst of a severe drought over the past
 32    several years; and
 33        WHEREAS, the downstream flow targets are not hard constraints,  as  previ-
 34    ously  determined  by the federal district court in Oregon and by NOAA Fisher-
 35    ies; and
 36        WHEREAS, flow augmentation using water from the Upper Snake River projects
 37    has been demonstrated to be a failed experiment by virtue of the fact that  it
 38    does  not  increase travel time or provide temperature benefits for the listed
 39    species; and
 40        WHEREAS, the Idaho State Legislature has made plain its intent, in Section
 41    42-1763B, Idaho Code, to repeal the temporary  legislative  authorization  for
 42    the  Bureau  to  release storage water for flow augmentation in the event that
 43    the 2002 biological opinion is set aside by a court; and
 44        WHEREAS, the conservation and fishing groups have made  clear  that  their
                                                                        
                                           2
                                                                        
  1    primary motivation for filing the complaint includes placing pressure upon the
  2    state  of  Idaho,  water  users,  and  other  citizens of the state to support
  3    removal or breaching of the four federal dams on the Lower Snake River.
  4        NOW, THEREFORE, BE IT RESOLVED by the members of the Second  Regular  Ses-
  5    sion  of the Fifty-seventh Idaho Legislature, the House of Representatives and
  6    the Senate concurring therein, that the Idaho Legislature opposes  efforts  to
  7    release  large amounts of storage water for flow augmentation, contrary to the
  8    laws of the state of Idaho, and also opposes removal or breaching of the  four
  9    Lower Snake River dams.
 10        BE  IT  FURTHER  RESOLVED  that  the  Idaho State Legislature supports the
 11    efforts of the state of Idaho, by and through the offices of the Governor  and
 12    the Attorney General, to intervene in the current legal proceedings to protect
 13    the sovereignty of Idaho's water.
 14        BE  IT  FURTHER  RESOLVED that the Chief Clerk of the House of Representa-
 15    tives be, and she is hereby authorized and directed to forward a copy of  this
 16    Memorial  to  the  Governor of the State of Idaho, the Attorney General of the
 17    State of Idaho, the Director of the Idaho Department of Water  Resources,  the
 18    Director  of the Idaho Department of Fish and Game, the Office of Species Con-
 19    servation for the State of Idaho, the council members representing  the  state
 20    of  Idaho on the Northwest Power and Conservation Council, the Commissioner of
 21    the Bureau of Reclamation, NOAA Fisheries, and  the  congressional  delegation
 22    representing the State of Idaho in the Congress of the United States.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Stevenson           
                                                                        
                                                     Seconded by Wood                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.J.M. No. 23
                                                                        
                                                                        
  1                              AMENDMENT TO THE MEMORIAL
  2        On page 1 of the printed memorial, in line 15 delete  "04-CV-0061-BR"  and
  3    insert:  "04-CV-0061-RE";  and  in  line  38,  delete  "increase"  and insert:
  4    "decrease".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                          HOUSE JOINT MEMORIAL NO. 23, As Amended
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                   A JOINT MEMORIAL
  2    TO THE GOVERNOR OF THE STATE OF IDAHO, THE ATTORNEY GENERAL OF  THE  STATE  OF
  3        IDAHO, THE DIRECTOR OF THE IDAHO DEPARTMENT OF WATER RESOURCES, THE DIREC-
  4        TOR  OF  THE IDAHO DEPARTMENT OF FISH AND GAME, THE OFFICE OF SPECIES CON-
  5        SERVATION FOR THE STATE OF IDAHO, THE  COUNCIL  MEMBERS  REPRESENTING  THE
  6        STATE  OF  IDAHO ON THE NORTHWEST POWER AND CONSERVATION COUNCIL, THE COM-
  7        MISSIONER OF THE BUREAU OF RECLAMATION, NOAA FISHERIES, AND  TO  THE  CON-
  8        GRESSIONAL  DELEGATION  REPRESENTING THE STATE OF IDAHO IN THE CONGRESS OF
  9        THE UNITED STATES.
                                                                        
 10        We, your Memorialists, the House of Representatives and the Senate of  the
 11    State  of  Idaho  assembled in the Second Regular Session of the Fifty-seventh
 12    Idaho Legislature, do hereby respectfully represent that:
                                                                        
 13        WHEREAS, on January 16, 2004,  several  conservation  and  fishing  groups
 14    filed a complaint in the federal district court in Oregon in the case of Amer-
 15    ican  Rivers v. NOAA Fisheries, Civ. No. 04-CV-0061-RE, alleging that the bio-
 16    logical opinions issued by NOAA Fisheries in 2001 and 2002 regarding operation
 17    of the Bureau of Reclamation projects in the Upper Snake River Basin are arbi-
 18    trary and capricious, and otherwise contrary to law, and should be  set  aside
 19    by the court; and
 20        WHEREAS,  the  complaint  also alleges that the current federal program of
 21    sending up to 427,000 acre-feet of water  downstream  for  flow  augmentation,
 22    under  a  willing-seller  program that must comply with state law, is insuffi-
 23    cient for the needs of the listed species; and
 24        WHEREAS, the complaint contends that sufficient water  needs  to  be  sent
 25    downstream from the Upper Snake River projects to meet arbitrary and unrealis-
 26    tic flow targets that have been established downstream by NOAA Fisheries; and
 27        WHEREAS, providing water downstream to meet the flow targets would require
 28    sending  millions  of acre-feet of water out of Idaho, thereby devastating its
 29    agricultural economy and significantly affecting supplies for  municipalities,
 30    recreation, resident fisheries, ground water recharge and spring flows; and
 31        WHEREAS,  Idaho  has  been  in the midst of a severe drought over the past
 32    several years; and
 33        WHEREAS, the downstream flow targets are not hard constraints,  as  previ-
 34    ously  determined  by the federal district court in Oregon and by NOAA Fisher-
 35    ies; and
 36        WHEREAS, flow augmentation using water from the Upper Snake River projects
 37    has been demonstrated to be a failed experiment by virtue of the fact that  it
 38    does  not  decrease travel time or provide temperature benefits for the listed
 39    species; and
 40        WHEREAS, the Idaho State Legislature has made plain its intent, in Section
 41    42-1763B, Idaho Code, to repeal the temporary  legislative  authorization  for
 42    the  Bureau  to  release storage water for flow augmentation in the event that
 43    the 2002 biological opinion is set aside by a court; and
 44        WHEREAS, the conservation and fishing groups have made  clear  that  their
                                                                        
                                           2
                                                                        
  1    primary motivation for filing the complaint includes placing pressure upon the
  2    state  of  Idaho,  water  users,  and  other  citizens of the state to support
  3    removal or breaching of the four federal dams on the Lower Snake River.
  4        NOW, THEREFORE, BE IT RESOLVED by the members of the Second  Regular  Ses-
  5    sion  of the Fifty-seventh Idaho Legislature, the House of Representatives and
  6    the Senate concurring therein, that the Idaho Legislature opposes  efforts  to
  7    release  large amounts of storage water for flow augmentation, contrary to the
  8    laws of the state of Idaho, and also opposes removal or breaching of the  four
  9    Lower Snake River dams.
 10        BE  IT  FURTHER  RESOLVED  that  the  Idaho State Legislature supports the
 11    efforts of the state of Idaho, by and through the offices of the Governor  and
 12    the Attorney General, to intervene in the current legal proceedings to protect
 13    the sovereignty of Idaho's water.
 14        BE  IT  FURTHER  RESOLVED that the Chief Clerk of the House of Representa-
 15    tives be, and she is hereby authorized and directed to forward a copy of  this
 16    Memorial  to  the  Governor of the State of Idaho, the Attorney General of the
 17    State of Idaho, the Director of the Idaho Department of Water  Resources,  the
 18    Director  of the Idaho Department of Fish and Game, the Office of Species Con-
 19    servation for the State of Idaho, the council members representing  the  state
 20    of  Idaho on the Northwest Power and Conservation Council, the Commissioner of
 21    the Bureau of Reclamation, NOAA Fisheries, and  the  congressional  delegation
 22    representing the State of Idaho in the Congress of the United States.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 14179C1

This joint memorial supports the efforts of the State of Idaho,
through the offices of the Governor and the Attorney General, to
intervene in federal litigation, filed by several conservation
and fishing groups, alleging that the biological opinion for the
Bureau of Reclamation projects in the Upper Snake River Basin is
illegal and should be set aside.  The joint memorial also rejects
efforts to release large amounts of storage water for flow
augmentation, contrary to state law, or to remove or breach dams
on the Lower Snake River.  The lawsuit seeks to establish that
the current federal program of sending up to 427,000 acre-feet of
water downstream for flow augmentation, under a willing-seller
program that must comply with state law, is insufficient for the
needs of the listed species.  Despite previous findings to the
contrary by the federal district court and NOAA Fisheries, the
conservation and fishing groups have asked the court to require
the federal government to acquire enough water to meet downstream
flow objectives.  Meeting these flow targets would require
sending millions of acre-feet of water out of Idaho, thereby
destroying its agricultural economy and adversely affecting
supplies for other uses in Idaho.  In spite of these disastrous
impacts, the increased flow augmentation would not increase
travel time or provide temperature benefits for the listed
species.  The current flow augmentation program is authorized
until January 1, 2005, under the provisions of Section 42-1763B,
Idaho Code.  However, the current law provides that the
legislature intends to repeal the existing statute, if the 2002
biological opinion is set-aside.


                          FISCAL IMPACT
None


Contact
Name: Speaker Bruce Newcomb 
Phone: (208) 332-1111




STATEMENT OF PURPOSE/FISCAL NOTE                    HJM 023