2004 Legislation
Print Friendly

SENATE BILL NO. 1296 – Geothermal resources, permits

SENATE BILL NO. 1296

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



S1296..........................................by RESOURCES AND ENVIRONMENT
GEOTHERMAL RESOURCES - Amends existing law to provide that the director of
the Department of Water Resources shall not issue a permit for geothermal
resources if he finds that the operation of any well under a proposed
permit will decrease ground water available in any aquifer or other ground
water source, or will unreasonably decrease ground water available for
prior water rights in any aquifer or other ground water source of water for
beneficial uses, with exceptions, unless and until the applicant has also
obtained a permit for the appropriation of ground water.
                                                                        
02/09    Senate intro - 1st rdg - to printing
02/10    Rpt prt - to Res/Env
02/17    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, McWilliams, Noble, Noh, Pearce, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Hill, Richardson
    Floor Sponsor - Cameron
    Title apvd - to House
02/25    House intro - 1st rdg - to Res/Con
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 68-0-2
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, 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, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sali, Sayler, Schaefer, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Harwood, Shepherd
    Floor Sponsor - Barraclough
    Title apvd - to Senate
03/09    To enrol
03/10    Rpt enrol - Pres signed
03/11    Sp signed
03/12    To Governor
03/16    Governor signed
         Session Law Chapter 63
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1296
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO GEOTHERMAL RESOURCES; AMENDING SECTION  42-4005,  IDAHO  CODE,  TO
  3        PROVIDE  THAT  THE  DIRECTOR  SHALL  NOT  ISSUE  A  PERMIT  FOR GEOTHERMAL
  4        RESOURCES IF HE FINDS THAT THE OPERATION OF ANY WELL UNDER A PROPOSED PER-
  5        MIT WILL DECREASE GROUND WATER  IN  ANY  AQUIFER  OR  OTHER  GROUND  WATER
  6        SOURCE  OR  WILL  UNREASONABLY  DECREASE  GROUND WATER AVAILABLE FOR PRIOR
  7        WATER RIGHTS IN ANY AQUIFER OR OTHER GROUND WATER SOURCE OF WATER FOR BEN-
  8        EFICIAL USES, OTHER THAN USES AS A MINERAL SOURCE,  AN  ENERGY  SOURCE  OR
  9        OTHERWISE  AS  A  MATERIAL MEDIUM, UNLESS AND UNTIL THE APPLICANT HAS ALSO
 10        OBTAINED A PERMIT FOR THE APPROPRIATION OF GROUND WATERS  AND  TO  MAKE  A
 11        TECHNICAL CORRECTION.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section 42-4005, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        42-4005.  PERMIT -- ISSUANCE -- BOND --  REVIEW  --  APPEAL.  (a)  If  the
 16    director  finds  that  the  well  or the injection well as proposed to be con-
 17    structed or altered is in the public interest, he shall issue  a  permit.  The
 18    director  may  issue  a permit substantially in accordance with the specifica-
 19    tions on the application, or the director may limit the scope  of  the  permit
 20    granted or may issue a permit subject to conditions.
 21        (b)  If  the  director finds that the well or injection well as it is pro-
 22    posed to be constructed or altered in the application will not be in the  pub-
 23    lic interest, he shall refuse to issue a permit. In no case shall the director
 24    issue a permit to construct or alter a well or injection well if he finds that
 25    use  of  the  proposed  well or injection well may be expected to unreasonably
 26    reduce the quality of any surface or ground waters  below  the  quality  which
 27    such waters would have had but for the proposed well.
 28        (c)  If  the  director refuses to issue a permit, or issues one subject to
 29    conditions or limitations, he shall issue a clear statement of his reasons for
 30    refusing to issue or issuing the limited permit. The director  shall  issue  a
 31    statement  of  findings of fact and conclusions of law that provides a factual
 32    and legal basis for the order. The refusal of the director to issue a  permit,
 33    together  with  the  clear  statement of the reasons for refusing to issue the
 34    permit shall be served on the applicant by certified  mail.  A  permit  issued
 35    conditionally  or  subject to limitations shall, with the statement of reasons
 36    required under this subdivision, be served in the same manner as a refusal  to
 37    issue a permit.
 38        (d)  An  applicant denied a permit or issued a limited or conditional per-
 39    mit may seek a public hearing before the water  resource  board.  A  certified
 40    transcript  of the proceedings and the evidence received at such hearing shall
 41    be maintained by the board. The board  shall  affirm,  modify  or  reject  the
 42    director's  decision,  and  make  its  decision in the form of an order to the
 43    director. The hearing shall be conducted in accordance with chapter 52,  title
                                                                        
                                           2
                                                                        
  1    67, Idaho Code. Judicial review of the final determination by the board may be
  2    secured pursuant to chapter 52, title 67, Idaho Code.
  3        (e)  The  director shall not issue a permit if he finds that the operation
  4    of any well under a proposed permit will unreasonably  decrease  ground  water
  5    available  for  prior water rights in any aquifer or other ground water source
  6    for or will unreasonably decrease  ground  water  available  for  prior  water
  7    rights  in  any  aquifer  or other ground water source of water for beneficial
  8    uses, other than uses as a mineral source, an energy source, or otherwise as a
  9    material medium, unless and until the applicant has also obtained a permit for
 10    the appropriation of ground waters under chapter 2, title 42, Idaho Code.
 11        (f)  The director shall require, as a condition  of  every  permit,  every
 12    person who engages in the construction, alteration, testing, or operation of a
 13    well  to  file with the director, on a form prescribed by the director, a bond
 14    indemnifying the state of Idaho providing good and sufficient security, condi-
 15    tioned upon the performance of the duties required by  this  chapter  and  the
 16    proper abandonment of any well covered by such permit. The bond shall be in an
 17    amount  not  less than five thousand dollars ($5,000) or more than one hundred
 18    thousand dollars ($100,000) as determined by the director based  on  the  size
 19    and  depth  of the well, the complexity of the well, the resource to be recov-
 20    ered, the area of operation, and other relevant factors.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                           RS 13474c2
The purpose of this legislation is to amend section 42-4005, Idaho
Code, to provide that the Director of the Department of Water
Resources shall not issue a permit for a geothermal resource well
or injection well if the operation of the well would decrease
ground water available for appropriation in any aquifer or other
ground water source of water for other beneficial uses, unless the
applicant also has obtained a permit to appropriate ground water
under chapter 2, title 42, Idaho Code.  Presently, the statute only
requires that a water right be obtained if the geothermal resource
well or injection well would "unreasonable decrease the ground
water available for prior water rights.


                         FISCAL  IMPACT
Enactment of this legislation will have no effect upon the state's
General Fund or other state or local funds.



CONTACT   
Name:     Karl J. Dreher
Agency:   Water Resources
Phone:    (208) 327-7910

Statement of Purpose/Fiscal Impact                   S 1296