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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 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
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