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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
]]]] 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
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