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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
]]]] 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 unreasonablydecrease ground water 5 available for prior water rightsin any aquifer or other ground water source 6 foror 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 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