2004 Resources & Conservation

Water quality/rights, fish and game, river restoration

January 13, 2004
January 15, 2004
January 19, 2004
January 19, 2004 – Subcommittee
January 19, 2004 – Subcommittee
January 21, 2004
January 21, 2004 – Subcommittee
January 23, 2004 – Subcommittee
January 27, 2004
January 29, 2004

February 3, 2004
February 3, 2004 – Subcommittee
February 5, 2004
February 9, 2004
February 11, 2004
February 13, 2004
February 17, 2004
February 19, 2004
February 23, 2004
February 25, 2004

March 1, 2004
March 3, 2004
March 9, 2004
March 17, 2004
March 19, 2004

DATE: January 13, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Barraclough, Campbell, Moyle, Eskridge, Raybould, Roberts,
Bedke, Robison, Cuddy, Langhorst
ABSENT/

EXCUSED:

 Representatives Bell, Denney, Barrett and Sayler
A quorum being present, Chairman Stevenson called the meeting to order
at 1:34 p.m. He welcomed the Committee and introduced the secretary,
Susan Werlinger and the page, Logan Pedrow.



Chairman Stevenson announced the Subcommittees for rules review,
they are:



Fish and Game Subcommittee

Rep. Wood, Chairman

Rep. Campbell

Rep. Barrett

Rep. Moyle

Rep. Eskridge

Rep. Robison

Rep. Langhorst



Dept. of Water Resources and Outfitters and Guides Subcommittee

Rep. Raybould, Chairman

Rep. Field (23)

Rep. Barraclough

Rep. Bedke

Rep. Cuddy

Rep. Sayler



Dept. of Parks and Recreation and Dept. of Lands Subcommittee

Rep. Roberts, Chairman

Rep. Eskridge

Rep. Bedke

Rep. Langhorst

Rep. Sayler
Chairman Stevenson explained that he had received a copy of a letter
from the US Fish and Wildlife Service, saying that they have accepted
Idaho’s State Wolf Management Plan. Chairman Stevenson said the
committee would receive a copy of the letter in their folders at the next
meeting.



Representative Eskridge introduced his intern, Sarah Bjerke, who will be
working with him for the session.



Rep. Raybould introduced the intern, Hyrum Allen, who will be working
with the Idaho Water Users Association this session.



Mr. Steve Barton, Department of Fish and Game, introduced his intern,
Erik Heidemann, who will be working with him during the session.
Chairman Stevenson said the committee was looking forward to working
with the other agencies and people with interest in resources issues.
Chairman Stevenson also said there will be an Executive Session during
Thursday’s meeting.
ADJOURN: The meeting adjourned at 1:45 p.m.






DATE: January 15, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Bell, Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge, Raybould,
Roberts, Bedke, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

 Representatives Jones, and Robison
Chairman Stevenson called the meeting to order at 1:37 p.m.
MOTION: Representative Field (23) made a motion to approve the minutes of
Tuesday, January 13, 2004. By a voice vote the motion carried.
MOTION: Representative Cuddy made a motion that the House Resources and
Conservation Committee resolve into an executive session pursuant to
House Rule 57 and Idaho Code Section 67-2345(f) for the purpose of
considering and advising legal counsel on pending litigation relating to
federal reserved water right claims filed in the Snake River Basin
Adjudication. Representative Wood seconded the motion. By a roll call
vote, the motion carried, with Representatives Stevenson, Wood,
Field(23), Bell, Barraclough, Campbell, Moyle, Eskridge, Raybould,
Roberts, Bedke, and Cuddy voting AYE and Representatives Langhorst
and Sayler voting NAY. Representatives Jones, Denney, Barrett and
Robison were absent/excused.
Ms. Betsy Russell, a reporter for The Spokesman-Review, wished to
express her objection to the closed meeting. A copy of her statement is
attached.
Mr. Clive Strong, Attorney General’s Office, spoke at length to the
Committee regarding the Snake River Adjudication process and the
Court-ordered requirements of confidentiality.
MOTION: Representative Roberts made a motion that the House Resources and
Conservation Committee dissolve the executive session pursuant to the
House Rule 57 and Idaho Code Section 67-2345(f) and that the minutes
should reflect that no actions were taken. Representative Langhorst
seconded the motion. By a voice vote the motion carried.
ADJOURN: The meeting adjourned at 3:12 p.m.






DATE: January 19, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives
Barraclough, Denney, Campbell, Barrett, Moyle, Raybould, Roberts,
Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

 Representatives Field (23), Jones, Bell and Eskridge
Chairman Stevenson called the meeting to order at 1:34 p.m.
MOTION: Representative Wood made a motion to approve the minutes of Thursday,
January 15, 2004. By a voice vote the motion carried.
RS 13536 Mr. Steve Barton, Department of Fish and Game, said this RS would
address an issue relating to the controlled hunt application and permit
fees. He said the bill will differentiate the fees between the application for
a controlled hunt and the permit for a controlled hunt, so that hunters do
not feel they are paying the same fee twice. Mr. Barton answered
questions regarding the fiscal impact and said the revenue would be
neutral.
MOTION: Representative Wood made a motion to introduce RS 13536. By a voice
vote the motion carried.
PRESENTATION Mr. Rick Collignon, Director, Department of Parks and Recreation,
reviewed the agency orientation package, saying it was created as part of
the staff development program. He said that due to a shortfall, the
department has made a 30% reduction in their budget. Mr. Collignon said
they have tightened expenses and determined what programs were of
value to keep, they have asked for public input on park fees and have
shared the fee package with users. He said even with the shortfall the
department should be able to keep parks operating on a level the state
should be proud of. Mr. Collignon expressed department concern with
preventative maintenance, deterioration of park roads, age limits of
department vehicles and record growth in the past two years. He said
there is good coordination with other agencies regarding ATV
management. He also said they have had a higher staff turnover rate due
to retirements and employees moving to other agencies. Mr. Collignon
explained some of the work they are doing with other agencies. Mr.
Collignon answered questions from the committee.
ADJOURN: The meeting adjourned at 2:24 p.m.






DATE: January 19, 2004
TIME: Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Roberts, Representatives Eskridge, Bedke, Sayler
ABSENT/

EXCUSED:

 Representative Langhorst

Chairman Roberts called the meeting to order at 2:38 p.m. with a quorum present.



The Chairman noted that the Committee will not vote regarding these rules at this time, but will
discuss them at a further meeting at the call of the Chair.



26.01.20 Dept. of Parks and Recreation rules

Rules Governing the Administration of Park and Recreation Areas and
Facilities



Mr. Rick Collignon, representing the Parks and Recreation Department, spoke to the Sub-Committee about these rules.



He noted that the first rule to be studied concerns the definition of a “camper unit”, and was
changed in response to concerns expressed in previous legislative sessions. A camper unit is
now defined as 8 persons and 2 tents. He said that it allows the campground managers more
latitude in handling the space in the area.



The next rule deals with the annual Motorized Vehicle Entry Fee. The Department is
encouraging campers to pay an annual fee in lieu of daily fees. This allows the motorist to pay
a once-a-year fee of $25 for a single vehicle instead of paying a daily fee each time he enters a
campground. The benefits of this annual fee are that it helps offset expenses in keeping the
parks open, and it helps in compliance issues. There is still a campsite reservation fee
assessed, in addition to the annual Motorized Vehicle Entry Fee. He noted that the Board is
authorized to institute fees up to a maximum amount which has been set. He said that, in this
case, the Board elected to impose a fee which is less than the maximum allowed. He said that
the Board is also suggesting that vehicles using a launch site for boats purchase a daily tag
instead of a launch fee tag.



The next rules deal with occupancy and was written to reflect the new definition of camper unit.
In answer to a question from the Committee, he noted that any number of vehicles may be
parked at the campsite, so long as they all fit on the parking pad provided.



The next rules reflect the fact that daily entrance fees are not assessed on vehicles which have
paid an annual Vehicle Entry Fee.



A collection surcharge is assessed in cases where the campground manager determines that
an appropriate fee has not been paid. Mr. Collignon noted that a surcharge is a softer approach
to achieving compliance.



Fee increases for commercial motor coach groups is proposed. This primarily deals with tour
buses entering an area. The Board is encouraging these groups to purchase the annual
Motorized Vehicle Entry Fee. He noted that collection of fees is based primarily on the honor
system.



A new fee is proposed which deals with the nordic ski areas. Current maintenance on these
areas exceeds income produced by users of that area. The Board proposes that nordic skiers
pay a yearly fee which allows them to use the areas year around. There is also a daily fee
proposed. Both of these proposals are based on similar solutions in other parks with popular
ski trails. He believes that these fees are supported by skiers, who prefer to pay a higher fee
instead of losing access to these trails. The Committee requested that he provide statistics
regarding all programs provided by the Department, especially with regard to income versus
expenses for each program.



There was considerable discussion from the Committee regarding registration fees imposed on
large recreational vehicles. Committee members noted that these vehicles are assessed quite
a large amount, compared with other vehicles in the state, and many of them do not use state
campground facilities. Mr. Collignon noted that funds generated by these fees have enabled
the Department to build or improve many sites throughout the state. There was a suggestion
from the Committee that the Department revisit imposition of these fees, especially considering
that vehicles towing campers or vessels could very easily reach the same value as the average
motor home. Perhaps these vehicles should also be assessed registration fees since they most
likely will use park facilities. Mr. Collignon said that he would research the matter and bring his
findings before the Committee.



The meeting adjourned at 3:45 p.m.






DATE: January 19, 2004
TIME: Upon Adjournment of House Resources and Conservation
PLACE: Room 412
MEMBERS: Chairman Wood, Representatives, Barrett, Moyle, Eskridge, Robison,
Langhorst
ABSENT/

EXCUSED:

 Representative Campbell
GUESTS: Dallas Burkhalter, Steve Barton, Brad Compton, Steve Huffaker,
Department of Fish and Game, Stan Boyd, Idaho Woolgrowers
Association
Chairman Wood called the meeting to order at 2:39 p.m.
Mr. Dallas Burkhalter answered questions regarding the rule that requires
a parent to attend the live firing portion of the hunter education course.
He said for the students under twelve, an adult should attend because of
the young age.



Mr. Burkhalter and Mr. Steve Barton explained the annual adjustment of
nonresident deer and elk tags for the area in southeast Idaho.



Mr. Barton explained the justification in removing the lifetime limit on tags
for big horn sheep, saying this is usually a small pool of individuals that
pay large amounts of money for this auction and lottery tag.



Representative Moyle expressed his concern with exempting the
nonresident junior mentored tag from the allocated nonresident quotas.
Mr. Barton said the nonresident junior mentored tags are the same price
as the resident tags and are treated the same as the resident tag in order
to get youth involved in hunting. Representative Langhorst said it may be
helpful to have the number of tags overall, resident, nonresident and
junior mentored tags that are sold.



Mr. Burkhalter explained the new rule regarding ATV’s, saying it only
applies to hunters and ATV use is limited as an aid in hunting, to roads
you can drive on with a regular vehicle. He said there are exceptions for
handicapped permit holders and for retrieving game. Discussion followed
regarding this issue.



Director Steve Huffaker explained the rule change regarding commercial
fishing and lake trout. Mr. Burkhalter said this change will expand some
fishing to allow regular anglers to harvest lake trout and sell them to
commercial fishermen. He said there is a limit on how many they can sell
until regular anglers would need to get a commercial fishing license.



The subcommittee decided to wait before taking action on the rules until
they had more information from the department.
ADJOURN: The meeting adjourned at 3:50 p.m.






DATE: January 21, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Bell, Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge, Raybould,
Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

 Representative Jones
Chairman Stevenson called the meeting to order at 1:35 p.m.
MOTION: Representative Wood made a motion to approve the minutes of Monday,
January 19, 2004. By a voice vote the motion carried.
Mr. Karl Dreher, Director, Department of Water Resources, outlined the
challenges of conjunctive administration of the ground and surface water
in the Snake River Basin area. He said the drought has exasperated the
conflicts that are occurring there. Mr. Dreher said the aquifer system is
basically full but the four years of drought has resulted in a ground water
decline of about 30 feet, which has caused a spring flow decline. He
explained the details of the conflicts in the Snake River Basin area and
the court cases that have resulted. Mr. Dreher explained the challenges
for the department to have enough resources to administer water and
resolve conflicts. He gave details of the funding projections and
explained the general fund uses and the federal fund uses. He reviewed
their funding proposals. Mr. Dreher answered several questions from
Committee members.
Mr. Jake Howard, Executive Director, Idaho Outfitters and Guides
Licensing Board, gave a slide presentation and review of the organization
and board members. He explained the number of licensed outfitters,
designated agents and guides. He also reviewed ideas they have to
improve the efficiency of the license process and their increased
interaction with other agencies. Mr. Howard explained the increased
education in the industry and their improved effectiveness of the
enforcement program. Mr. Howard answered questions from the
Committee.
RS 13478C1 Mr. Howard reviewed the RS and the evolution of the fee adjustment and
explained the improvements the fee adjustment would create.
MOTION: Representative Bedke made a motion to introduce RS 13478C1.
Representative Campbell seconded the motion. By a voice vote the
motion carried.


Mr. Steve Huffaker, Director, Department of Fish and Game, introduced
the Fish and Game Commissioners, Mark Gibbs, Cameron Wheeler, John
Burns, John Watts, Alex Irby and Nancy Hadley. The Commissioners
answered questions from the Committee.
ADJOURN: The meeting adjourned at 3:17 p.m.






DATE: January 21, 2004
TIME: Upon Adjournment of Resources and Conservation Committee
PLACE: Room 412
MEMBERS: Chairman Raybould, Representatives Field (23), Barraclough, Bedke,
Cuddy, Sayler
ABSENT/

EXCUSED:

 None.
Chairman Raybould called the meeting to order at 3:20 p.m.
Mr. Karl Dreher, Director; Department of Water Resources explained that
the change in Docket No. 37-0203-0301 040 05. He said this is currently
a temporary rule that they would like to become permanent. He said it is
part of the rules the Water Board has adopted to run the water bank rental
pool.
MOTION: Representative Field (23) made a motion to adopt Docket No. 37-0203-0301 040 05. By a voice vote the motion carried.
Mr. Dreher explained the rule in Docket No. 37-0307-0201 as a temporary
rule for stream channel alteration. He said they would like it to stay a
temporary rule.
MOTION: Representative Cuddy made a motion to adopt Docket No. 37-0307-0201
025 05. By a voice vote the motion carried.
MOTION: Representative Cuddy made a motion to adopt the Pending and Fee rules
for the Outfitters and Guides Licensing Board. By a voice vote the motion
carried.
ADJOURN: The meeting adjourned at 3:33 p.m.






DATE: January 23, 2004
TIME: 11:00 a.m.
PLACE: Room 412
MEMBERS: Chairman Roberts, Eskridge, Bedke, Langhorst, Sayler
ABSENT/

EXCUSED:

 None.
Chairman Roberts called the meeting to order at 11:19 a.m.
MOTION: Representative Eskridge made a motion to approve the minutes of
Monday, January 19, 2004. Representative Bedke seconded the motion.
By a voice vote the motion carried.
Chairman Roberts said that they had reviewed the Parks and Recreation
rules at the last meeting and had received some information that they had
questioned at that meeting. Mr. Rick Collignon, Director, Department of
Parks and Recreation answered questions from the committee regarding
the rules.
MOTION: Representative Bedke made a motion to recommend to the full committee
that the rules for the Department of Parks and Recreation Docket No. 26-0102-0301 be accepted.
Committee discussion followed regarding, user acceptance, the number
of camping sites that are visited by out-of-state travelers, the fees being
comparative to neighboring states, and that sales tax is no longer
included in the total fee.



By a voice vote the motion carried.

Mr. Winston Wiggins, Director, Department of Lands, gave the
background of the pending rule for the Board of Scaling Practices. He
said this rule proposes the elimination of the Chapter 1 rules, which are
no longer needed. These rules will then be moved to a new section in the
Chapter 2 rules.
MOTION: Representative Langhorst made a motion to recommend to the full
committee that the rules for the Department of Lands, Docket No. 20-0601-0301 be accepted. By a voice vote the motion carried.
Mr. Scott Nichols, Bureau Chief, Department of Lands, explained this rule
regarding the reclamation bond fund. He gave a brief history and said this
rule change will streamline the process and create a fee instead of a
bond. Mr. Nichols answered several questions from the committee.



MOTION:

Representative Langhorst made a motion to send the rules for the
Department of Lands, Docket No. 20-0303-0301 to the full committee
without recommendation. By a voice vote the motion carried.
ADJOURN: The meeting adjourned at 12:10 p.m.






DATE: January 27, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Denney, Moyle, Eskridge, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

 Representatives Barraclough, Campbell, Barrett, Raybould, Roberts,
Bedke, Robison
Chairman Stevenson called the meeting to order at 1:36 p.m. Chairman
Stevenson introduced Mr. Tom Haislip, ICIE President.
Mr. Haislip introduced the first speaker, Mr. Trent Clark, from the
Monsanto Corporation who spoke on the History of Risk Assessment and
its Use as a Tool of Government Policy.
Mr. Clark reviewed the general history of risk assessment, saying the
general definition is a prediction of the likelihood of a certain unwanted
event. He said in modern risk assessment there are four steps, hazard
identification, dose response assessment, exposure assessment, and risk
characterization. Mr. Clark explained the details involved in each step.
Mr. Haislip introduced the second speaker, Ms. Joan Cloonan, from the
Northwest Food Processors Association and Board of DEQ, who spoke
on Risk Assessment as a Part of Sound Science in the Regulatory
Process.
Ms. Cloonan spoke about risk assessment in Idaho and reviewed the
mission statement for the EPHA and DEQ, saying it is to “protect human
health and the environment”. She reviewed questions to ask for risk
assessment in the regulatory process and in conclusion said that HB 150
reinforces the Board’s approach, that regulations must be supported by
good science and that risk assessments are only as good as the science
behind them.
Questions from the Committee were answered by Mr. Clark and Ms.
Cloonan.
ADJOURN: The meeting adjourned at 2:50 p.m.






DATE: January 29, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Denney, Barrett, Moyle, Eskridge, Raybould,
Roberts, Bedke, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

 Representatives Campbell and Robison
A quorum being present, Chairman Stevenson called the meeting to order
at 1:36 p.m.
MOTION: Representative Cuddy made a motion to approve the minutes of Tuesday,
January 27, 2004. By a voice vote the motion carried.
MOTION: Representative Bedke made a motion to approve the minutes of
Wednesday, January 21, 2004. By a voice vote the motion carried.
RS 13460 Mr. Karl Dreher, Director, Department of Water Resources, said dam
safety inspections take place every two years, this RS will change the
period from a two year interval to not more than five years. This would
include all dams regulated by the Department.
MOTION: Representative Bedke made a motion to introduce RS 13460. By a voice
vote the motion carried.
RS 13461 Mr. Dreher said this RS deals with the dam safety statute, that there will
be a new minimum fee of $200.00 for new structures or modification of
dams. He said this fee is not intended to pay for the cost of the program
and the rest of the fee structure which is based on the volume of water,
would be the same. Mr. Dreher answered questions from the Committee.
MOTION: Representative Field (23) made a motion to introduce RS 13461. By a
voice vote the motion carried.
Chairman Stevenson said the presentation before the committee involves
spring flows from the American Falls area to the Hagerman area. He said
there has been involvement with conjunctive management for a long time
and this is a presentation for information only.
Mr. Chuck Coiner, Twin Falls Canal Co., introduced Chuck Brockway.



Mr. Chuck Brockway, Brockway Engineering PLLC, reviewed the
hydrology of the Easter Snake River Plain Aquifer. He said the aquifer is
large; 10,000 square miles and 5,000 feet deep in some places. He said
the water flows from the Northeast to the Southwest and the maintenance
of the spring flows is very important in the Blackfoot-Neeley Reach and
the Thousand Springs Reach. Mr. Brockway explained the irrigated areas
of the aquifer, that they are primarily along the borders of the Snake
River. He said that irrigation constitutes about 50% of the recharge to the
aquifer and that ground water recharge is very important to irrigation. Mr.
Brockway explained there has been a continued decline in spring
discharge since 1950, and the annual flow of the Snake River from Milner
to the Lower Salmon Dam near Hagerman shows the same decline as the
springs. Mr. Brockway answered a question regarding the correlation
between irrigation’s discharge from the aquifer and climate and
precipitation, he said annual precipitation is a factor and the decline in
water is worsened by the drought, but it is not the entire effect of the
decline.
Mr. Chuck Brendecke, Hydrosphere Resource Consultants, said his focus
is in the Thousand Springs Reach and the two ground water districts that
have been formed. He reviewed the diversion points from spring water
users in the Thousand Springs Reach and showed lands irrigated with
ground water. He said water rights of spring users and ground water
users are mixed and he reviewed the service areas of the canal
companies. Mr. Brendecke explained the irrigation season diversions are
on a declining trend and reviewed a graph of the annual discharge to the
Thousand Springs Reach. He said there is still a declining trend in spring
water discharge and this is a complicated problem with many pieces, of
which there won’t be any one answer.
Mr. Tim Deeg, President, Idaho Ground Water Appropriators, said the
surface and ground water users are hoping to come to a long term
agreement. He said this is a difficult process for both sides and is not
easily accomplished. Mr. Deeg recommended Water Resources receive
their full funding request, for the adjudication process to continue and it is
important to have a mediator.
Mr. Chuck Coiner, said they have accomplished a lot in water district 120
and each side has a better understanding of the other side’s issues. He
said it is imperative to have help from the Department and the support
from the Legislature to the Director and the Department of Water
Resources would be a great help.



Presenters answered questions from the Committee.
ADJOURN: The meeting adjourned at 3:07 p.m.






DATE: February 3, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge,
Raybould, Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

 None.
Chairman Stevenson called the meeting to order at 1:33 p.m.
MOTION: Representative Cuddy made a motion to approve the minutes of
Thursday, January 29, 2004. By a voice vote the motion carried.
Chairman Stevenson said Representative Cuddy has requested a letter
be drafted from the Committee stating opposition to the use of Idaho
water for irrigation development in Washington.
MOTION: Representative Wood made a motion to have a letter drafted from the
Committee regarding this issue. By a voice vote the motion carried.
Chairman Stevenson also said it has been requested the Committee draft
a letter to JFAC, supporting the budget for the Department of Water
Resources.
MOTION: Representative Raybould made a motion for such a letter to be drafted.
By a voice vote the motion carried.
Mr. Jim Caswell, Office of Species Conservation, introduced his staff. He
reviewed the four points covering the wolf recovery issue, which are
litigation, peer review, the 10(j) rule issue, and the Memorandum of
Agreement with the Tribe. Mr. Caswell said there is a new rule down-listing wolves from endangered to threatened, which did not effect the
wolves in Idaho. He said this created the Western Distinct Population,
which involve the wolves in Idaho. Mr. Caswell said after the rule change
the environmental community filed a suit, in which they are engaged on
behalf of the Federal Government. Mr. Caswell said after participating in
the peer review, Idaho’s wolf plan was accepted, but there were three
basic concerns with the plan, which are, concerns about the funding,
concerns the plan didn’t have enough specifics on management and there
was concern with the tone of the preamble. Mr. Caswell reviewed the
status of the 10(j) rule change. Mr. Caswell also reviewed the agreement
the state is considering with the Nez Perce Tribe.
Mr. Caswell answered several questions from the Committee regarding
depredation on cattle and sheep by other predators, research on the cost
to the state for wildlife depredation, concerns with the agreement with the
Tribe and where the money will be distributed, confirmations of wolf kills
by the Tribe, the development of the 10(j) rule, the concern of expanding
the Tribes role in management with the agreement, and the concern with
funding management.
ADJOURN: The meeting adjourned at 3:04 p.m.






DATE: February 3, 2004
TIME: Upon Adjournment of Resources and Conservation
PLACE: Room 412
MEMBERS: Chairman Wood, Representatives Campbell, Barrett, Moyle, Eskridge,
Langhorst
ABSENT/

EXCUSED:

 Representative Robison
GUESTS: Mr. Dallas Burkhalter, Deputy AG; Mr. Steve Barton, Department of Fish
and Game
Chairman Wood called the meeting to order at 3:20 p.m.






MOTION:		 Docket No. 13-0102-0301



After discussion, Representative Langhorst made a motion to accept the
Pending Rule, Docket No. 13-0102-0301. By a voice vote the motion
carried.













MOTION:		 Docket No. 13-0104-0301



Mr. Dallas Burkhalter, explained the change in this rule.



Representative Campbell made a motion to accept the Pending Rule,
Docket No. 13-0104-0301. By a voice vote the motion carried.

Docket No. 13-0108-0301



Mr. Burkhalter addressed the concerns of the committee regarding the
ATV rule in this docket. Mr. Steve Barton said the 2004 Fish and Game
brochure will specify that all other state and local laws and ordinances
have to be followed by hunters using ATVs. He said the focus for this rule
is on Forest Service and BLM roads. Chairman Wood expressed concern
that this rule goes beyond the scope of the Fish and Game Commission’s
authority.
MOTION: Representative Campbell made a motion to accept the Pending Rule,
Docket No. 13-0108-0301 with the exception of Section 410.05 sub-sections f. and g., which will be rejected. Representative Barrett
seconded the motion. By a voice vote the motion carried.
Docket No. 13-0112-0301



Mr. Burkhalter reviewed the changes in this docket and said the intent of
this rule is to add lake trout to a list for commercial fishing. Mr. Burkhalter
and Mr. Barton addressed concerns from the committee that this rule
change will open up netting to commercial fishing.
MOTION: Representative Eskridge made a motion to reject Docket No. 13-0112-0301. By a voice vote the motion carried.
ADJOURN: The meeting adjourned at 4:20 p.m.






DATE: February 5, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Campbell, Barrett, Eskridge, Raybould, Roberts,
Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

 Representative Denney and Moyle
Chairman Stevenson called the meeting to order at 1:38 p.m.
MOTION: Representative Wood made a motion to approve the minutes of Tuesday,
February 3, 2004. By a voice vote the motion carried.
Chairman Stevenson said if any committee members would like to
discuss the MOU, meetings will be set up next week with the Attorney
Generals office and with the attorney from OSC, he said the committee
will receive more information at a later time.
UNANIMOUS
CONSENT
REQUEST:		 Chairman Stevenson asked unanimous consent request to send H 574 to
the Ways and Means Committee. Representative Barrett objected to the
unanimous consent request. Questions were asked by the committee
regarding this bill and why it was being moved.
MOTION: Representative Bell made a motion to send H 574 to the Ways and
Means Committee. Representative Jones seconded the motion. Division
was called, and by a vote of 8 AYES and 7 NAYS the motion carried.
Subcommittee rules report:
MOTION: Representative Raybould made a motion to accept the subcommittee
report for the Department of Water Resources rules and approve the
Pending rule, Docket No. 37-0203-0301 and Temporary rules, Docket No.
37-0307-0201 from that department. By a voice vote the motion carried.
MOTION: Representative Raybould made a motion to accept the subcommittee
report for the Outfitters and Guides Licensing Board rules and approve
their Pending rules, Docket No. 25-0101-0301 and Fee rules, Docket No.
25-0101-0302. By a voice vote the motion carried.
MOTION: Representative Roberts made a motion to accept the subcommittee report
for the Department of Parks and Recreation rules and approve their Fee
rules, Docket No. 26-0120-0301. By a voice vote the motion carried.
MOTION: Representative Roberts made a motion to accept the subcommittee report
for the Department of Lands and approve the Pending rules, Docket No.
20-0301-0301 and Docket No. 20-0602-0301, for that department. By a
voice vote the motion carried.
Representative Roberts explained that after reviewing the Fee rules for
the Department of Lands, the subcommittee has returned them to the full
committee without recommendation. Representative Langhorst and
Representative Bedke said they had questions regarding these rules and
in discussion with representatives from the department, have had their
questions resolved.
MOTION: Representative Roberts made a motion to approve the Fee rules, Docket
No. 20-0303-0301, for the Department of Lands. By a voice vote the
motion carried.
MOTION: Representative Wood made a motion to accept the subcommittee report
for the Department of Fish and Game and approve the Pending rules,
Docket No. 13-0102-0301 and Docket No. 13-0104-0301. By a voice vote
the motion carried.
Representative Wood explained that in Docket No. 13-0108-0301, the
subcommittee recommends rejecting Section 410.05 sub-sections f. and
g. She explained this section is regarding ATV use during hunting and
that the subcommittee felt the Commission had overstepped their
authority, by trying to regulate in these rules that ATV’s, which are not
licensed vehicles, be restricted to roads that are traveled by vehicles that
are required to be licensed. Representative Wood said they have asked
the Fish and Game to rewrite this rule.
MOTION: Representative Wood made a motion to accept the subcommittee report
and approve the Pending rules for the Department of Fish and Game,
Docket No. 13-0108-0301, with the exception of Section 410.05 sub-sections f. and g.
SUBSTITUTE
MOTION:		 Representative Robison made a substitute motion to approve the
department’s Pending rules, Docket No. 13-0108-0301.
Committee discussion ensued regarding the departments proposed rule
restricting ATV use during hunting.
By a voice vote the substitute motion failed. By a voice vote the motion
carried, with Representatives Robison and Langhorst being recorded as
voting NAY.
MOTION: Representative Wood made a motion to accept the subcommittee report
and reject the Pending rules for the Department of Fish and Game,
Docket No. 13-0112-0301. By a voice vote the motion carried.
H 521 Mr. Jake Howard, Executive Director; Outfitters and Guides Licensing
Board, said this bill will improve outfitter management, they can improve
the education program and it addresses the financial situation they are
currently under. Mr. Howard reviewed the financial situation. He said the
fee proposal has been reviewed by the Board, the industry and the
Outfitters and Guides Association and this bill is a compromise. Mr.
Howard briefly explained the language in the bill and reviewed the fee
increase details.
MOTION: Representative Campbell made a motion to send H 521 to the floor with a
“do pass” recommendation.
Mr. Howard answered several questions from the Committee.



Mr. Grant Simonds, Idaho Outfitters and Guides Association, said the
association represents 40% of the licensed businesses in the State of
Idaho. He said they communicate to all the licensed outfitters in Idaho
and there has been open discussion regarding this compromise
legislation. Mr. Simonds said the licensing board has involved the
members of the industry and this legislation would improve the
enforcement program and create a more efficient licensing process. He
said Idaho Outfitters and Guides Association supports this compromise
legislation.
By a voice vote the motion carried, with Representatives Wood, Barrett
and Roberts being recorded as voting NAY. Representatives Campbell
and Jones will sponsor the bill.
RS 13902 Mr. Steve Barton, Department of Fish and Game, said this legislation will
clarify that depredation hunts would no longer need to be published.
MOTION: Representative Roberts made a motion to introduce RS 13902. By a
voice vote the motion carried.
Mr. Steve Huffaker, Director, Department of Fish and Game, said they are
withdrawing the request to drain Cascade Lake because the lake can’t be
drained without effecting irrigation and water for salmon recovery. Mr.
Huffaker said the Access Yes program is doing very well. He said the
land owners and sportsmen like it and they will try to expand the program.
Mr. Huffaker reviewed the sage grouse issue and also said that the
Commission will consider new language for a temporary rule regarding
ATV’s. Mr. Huffaker briefly reviewed other issues before the department
including, slickspot pepper grass, elk ranching and the budget.
ADJOURN: The meeting adjourned at 3:32 p.m.






DATE: February 9, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Denney, Campbell, Barrett, Eskridge, Raybould,
Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

 Representative Moyle
A quorum being present, Chairman Stevenson called the meeting to order
at 1:35 p.m.
MOTION: Representative Sayler made a motion to approve the minutes of
Thursday, February 5, 2004. By a voice vote the motion carried.
RS 13273C1 Mr. Karl Dreher, Director; Department of Water Resources, said this
legislation is a continuation of efforts to consolidate the parts of the
statute regarding defenses to forfeitures. He said this is not a new law, it
is making clear what defenses can be used to avoid forfeiture.
MOTION: Representative Langhorst made a motion to introduce RS 13273C1 for
print. By a voice vote the motion carried.
RS 13887C1 Mr. Norm Semanko, Idaho Water Users Association, said this legislation
modifies the statute dealing with irrigation rights-of-way and easements.
He said there are three strong provisions regarding modifications, but the
law is not as clear with rights-of-way along laterals and ditches.
MOTION: Representative Wood made a motion to introduce RS 13887C1 for print.
By a voice vote the motion carried.
RS 13890 Mr. Semanko said this legislation addresses a jurisdiction issue in regards
to dams and barriers. He said the department can regulate these if it is
decided the dam or barrier is in a high risk area. Mr. Semanko said they
don’t want to see competing or overlapping jurisdiction areas.
MOTION: Representative Field (23) made a motion to introduce RS 13890 for print.
By a voice vote the motion carried.
RS 13893 Mr. Semanko said the issue addressed in this legislation will bring
discussion. He gave details of the issue during the transfer process and
gave an example of consumptive use in relation to growing crops which
may be more or less consumptive. He said this legislation will allow the
department to look at a water use depending on the type of use.
MOTION: Representative Raybould made a motion to introduce RS 13893 for print.
By a voice vote the motion carried.
RS 13763 Representative Cuddy said this legislation reduces the number of Scaling
Board meetings to two a year.
MOTION: Representative Field (23) made a motion to introduce RS 13763 for print.
By a voice vote the motion carried.
ADJOURN: The meeting adjourned at 1:56 p.m.






DATE: February 11, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge,
Raybould, Roberts, Bedke, Robison, Cuddy, Sayler
ABSENT/

EXCUSED:

 Representative Langhorst
A quorum being present, Chairman Stevenson called the meeting to order
at 1:40 p.m.
MOTION: Representative Campbell made a motion to approve the minutes of
Monday, February 9, 2004. By a voice vote the motion carried.
RS 13951

MOTION:

 At the sponsors request, Representative Campbell made a motion to
return RS 13951 to the sponsor. By a voice vote the motion carried.
H 482 Mr. Steve Barton, Department of Fish and Game, said this bill will address
some confusion by hunters relating to controlled hunts. He said the
controlled hunt fee and the application for a controlled hunt fee are the
same, this bill will differentiate those fees so the hunter doesn’t think they
are paying the same fee again. Mr. Barton explained the changes in the
fees.
MOTION: Representative Wood made a motion to send H 482 to the floor with a “do
pass” recommendation.
SUBSTITUTE
MOTION:		 Representative Roberts made a substitute motion to hold H 482 in
Committee.
The Committee discussed whether the fee changes should be reversed
so the higher fee would be for those who have successfully drawn a
controlled hunt permit instead of the higher fee being paid by those only
applying for a permit.
AMENDED
SUBSTITUTE
MOTION:		 Representative Denney made an amended substitute motion to send H
482 to General Orders, so the fee changes could be reversed.
The Committee discussed whether this would make a difference in
revenue for the department and whether this would make any difference
in the confusion that is already happening.



By a voice vote the amended substitute motion carried, with
Representative Wood being recorded as voting NAY. Representative
Denney will sponsor the bill.
H 623 Mr. Steve Barton said this bill clarifies the Director’s authority for
publication of season closure orders. He said since publication of
depredation hunts can occur several weeks after the hunt is over, this bill
will change the requirement for publication of those hunts.
MOTION: Representative Moyle made a motion to send H 623 to the floor with a “do
pass” recommendation. By a voice vote the motion carried.
Representative Moyle will sponsor the bill.
H 515 Mr. Jay Biladeu, Assistant Director, Department of Lands, said this bill
amends the code, to provide authority to lease endowment lands for up to
49 years. He said currently they lease land for 10 years, then need
Legislative approval to extend a lease. Mr. Biladeu said this change will
allow the Board to react better to the market in commercial lease
situations. He said the ability to issue long term leases are important to
the endowment beneficiaries. Mr. Biladeu answered several questions
from the Committee.
MOTION: Representative Roberts made a motion to send H 515 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Roberts will sponsor the bill.
RS 13921 Mr. Winston Wiggins, Director, Department of Lands, said this legislation
will exempt the State Board of Land Commissioners from contested case
hearings. He gave two examples, and said these hearings are a great
expense from the endowment land fund. Mr. Wiggins said this would
apply only to endowment land decisions and does not say the Land Board
will not hold hearings.
MOTION: Representative Moyle made a motion to introduce RS 13921 for print. By
a voice vote the motion carried.
RS 13792C1 Representative Roberts said this legislation will define the membership of
the Forest Practices Advisory Committee and change the amount of
members from eight to nine.
MOTION: Representative Bedke made a motion to introduce RS 13792C1 for print.
By a voice vote the motion carried.
ADJOURN: The meeting adjourned at 2:38 p.m.






DATE: February 13, 2004
TIME: Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Jones, Bell,
Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge, Raybould,
Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

 Representative Field (23)
A quorum being present, Chairman Stevenson called the meeting to order
at 12:10 p.m.
MOTION: Representative Cuddy made a motion to approve the minutes of
Wednesday, February 11, 2004. By a voice vote the motion carried.
RS 14072 Mr. Dar Olberding, IGPA, said this legislation will change the percentage
of the initial payment for depredation damages, from the depredation
account. He urged printing of this bill.
MOTION: Representative Wood made a motion to introduce RS 14072 for print. By
a voice vote the motion carried.
RS 14088 Mr. Steve Barton, Department of Fish and Game, said this is a joint
memorial supporting the federal program to provide additional federal
funding for access by private land owners to sportsmen. He said, among
other important issues, this will provide more funds for the Idaho “Access
Yes” program.
MOTION: Representative Robison made a motion to introduce RS 14088 for print.
By a voice vote the motion carried.
RS 14097 Representative Eskridge said this resolution is a result of concerns with
water quality issues in Lake Pend Oreille, brought to him by constituents
in his area.
MOTION: Representative Sayler made a motion to introduce RS 14097 for print.
Representative Eskridge answered questions from the Committee
regarding the impact of this legislation on the Rock Creek drainage, the
change in the ownership of the mine involved, the damage to the lake,
and the concern in having a hearing on this legislation so the people in
this area can voice their concerns on this issue.
Mr. Jack Lyman, Idaho Mining Association, answered questions from the
Committee regarding Idaho’s water quality standards and how this is
monitored when the water comes from another state.
SUBSTITUTE
MOTION:		 Representative Barrett made a substitute motion to return RS 14097 to
the sponsor.
Committee discussion ensued regarding, whether this will offend Montana
and the implication that DEQ is not monitoring the situation, concerns
were also raised regarding the inability for the people in North Idaho to
have a hearing on this issue if the legislation is not printed.
By a roll call vote, the substitute motion carried with Representatives
Stevenson, Wood, Barraclough, Denney, Campbell, Barrett, Moyle,
Raybould, Roberts, and Bedke voting AYE and Representatives Jones,
Eskridge, Robison, Cuddy, Langhorst and Sayler voting NAY.
Representatives Field (23) and Bell were absent/excused. RS 14097 will
be returned to the sponsor.
UNANIMOUS
CONSENT
REQUEST:		 Representative Roberts asked unanimous consent to change the
language in the first sentence of the Statement of Purpose for RS 14072.
Chairman Stevenson thanked Logan Pedrow for her work with the
Committee as a Page and introduced Jesse Stricklan, from Rexburg as
the Committee’s new page for the remainder of the Session.



Representative Wood also thanked Logan for her work as a page with the
Transportation and Defense Committee.
ADJOURN: The meeting adjourned at 12:45 p.m.






DATE: February 17, 2004
TIME: Upon Adjournment
PLACE: Room 412
MEMBERS: Vice Chairman Wood, Representatives Jones, Bell, Barraclough, Denney,
Campbell, Barrett, Moyle, Eskridge, Raybould, Roberts, Robison, Cuddy,
Langhorst, Sayler
ABSENT/

EXCUSED:

 Chairman Stevenson, Representatives Field (23) and Bedke
A quorum being present, Chairman Wood called the meeting to order at
2:25 p.m.
MOTION: Representative Langhorst made a motion to approve the minutes of
Friday, February 13, 2004. By a voice vote the motion carried.
S 1229 Mr. Steve Barton, Department of Fish and Game, said this bill allows the
Commission to hold regular meetings during each quarter, rather than in
specific months. He said the January meeting will still be held in January
in Boise.
MOTION: Representative Langhorst made a motion to send S 1229 to the floor with
a “do pass” recommendation. By a voice vote the motion carried.
Representative Langhorst will sponsor the bill.
S 1230 Mr. Barton said this bill gives the Commission the authority to set the
boundary signing requirements for shooting preserves, by rule. He said
this bill also allows the Commission to adopt by rule additional methods
for marking upland game birds in these licensed shooting preserves.
MOTION: Representative Roberts made a motion to send S 1230 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Sayler will sponsor the bill.
H 637 Representative Cuddy explained that a typographical error was found in
this legislation and rather than try to change it, they will hold the bill until
next year.
MOTION: Representative Cuddy made a motion to hold H 637 in Committee. By a
voice vote the motion carried.
H 670 Representative Roberts said this bill will change the size of the Forest
Practice Advisory Committee by adding a member.
Mr. Mark Munkittrick, Idaho Forest Owners Association, spoke in favor of
the bill.



Representative Cuddy said the Idaho Forest Industry Association concur
with this bill.
MOTION: Representative Campbell made a motion to send H 670 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Roberts and Representative Cuddy will sponsor the bill.
ADJOURN: The meeting adjourned at 2:34 p.m.






DATE: February 19, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Bell,
Barraclough, Denney, Campbell, Barrett, Moyle, Raybould, Roberts,
Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

 Representatives Field (23), Jones and Eskridge
A quorum being present, Chairman Stevenson called the meeting to order
at 1:37 p.m.
MOTION: Representative Langhorst made a motion to approve the minutes of
Tuesday, February 17, 2004. By a voice vote the motion carried.
H 700 Mr. Dar Olberding, Idaho Grain Producers Association, said the first part
of the bill strikes the one-third provision for an initial payment for a
depredation claim and changes it to one-half. He said the other part of
the bill allows for an independent adjuster if either party does not agree on
the claim.



Mr. Stan Boyd, Idaho Woolgrowers Association, and Mr. Steve Barton,
Department of Fish and Game, very briefly spoke in support of the
legislation.
MOTION: Representative Campbell made a motion to send H 700 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Wood will sponsor the bill.
H 634 Mr. Norm Semanko, Idaho Water Users Association, said there is a
problem in irrigation districts with regard to encroachments and rights-of-way. He said this bill is the result of wide spread concern in the
association and he gave an example of the problem. Mr. Semanko said
the concern about these cases is not intended to stop projects or progress
but to protect water rights. He briefly reviewed the changes in the bill. Mr.
Semanko said this is an important issue and they can’t afford not to
address the situation.
Ms. Julie Pipal, Idaho Transportation Department, said ITD supports the
rights of irrigation entities, but they have three concerns with the
legislation, they are; project delays, eminent domain and servient owners.
Mr. Dennis Tanikuni, Farm Bureau, spoke in support of the bill.



Mr. Roger Seiber, ACHD, said Ms. Pipal expressed their concerns.
MOTION: Representative Roberts made a motion to hold H 634 in Committee for
time certain, being Wednesday, February 25, 2004. By a voice vote the
motion carried.
H 635 Mr. Semanko, said this legislation deals with jurisdiction over dams, and
that jurisdiction is vested in the Department of Water Resources. He said
this bill clarifies the definition of barriers. He said the department doesn’t
regulate dams or barriers unless they are determined to be in a high risk
area. Mr. Semanko said this bill is only clarifying that the department has
jurisdiction over barriers in high risk areas.
Ms. Kathleen Keys, Boise, gave her example of how the county is
attempting to regulate the dam and pond on her property. She said they
have had high and unnecessary expenses and the department should
regulate this situation, not the county.



Mr. Dale Frazell, representing himself, said this legislation makes dam
uses a lot less complicated.



Mr. Matt Howard, Attorney, said this bill will help a number of people that
have small dams and the county has no specific ordinance to regulate
dams but they have very broad terms in the ordinances. Mr. Howard said
this legislation attempts to clarify the definition, that all barriers are under
the jurisdiction of the department unless Water Resources makes a low
risk determination and that the department keeps exclusive jurisdiction
over small dams in low risk areas.
MOTION: Representative Wood made a motion to send H 635 to the floor with a “do
pass” recommendation. By a voice vote the motion carried.
Representative Campbell will sponsor the bill.
H 669 Mr. Jay Biladeu, Assistant Director, Department of Lands, said this bill
exempts the State Board of Land Commissioners from contested
hearings. He said this does not preclude the board from hearing cases if
they decide to and does not disallow people from coming before the
board.
MOTION: Representative Bedke made a motion to send H 669 to the floor with a “do
pass” recommendation.
Mr. John Robison, Idaho Conservation League, spoke in opposition to the
bill, saying this undermines the Administrative Procedures Act and that
contested cases are not common, but when they do occur it allows the
people to express concerns to the board.
By a roll call, the motion carried with Representatives Stevenson, Wood,
Bell, Barraclough, Campbell, Barrett, Raybould, Roberts, Bedke, and
Cuddy voting AYE and Representatives Robison, Langhorst and Sayler
voting NAY. Representatives Field (23), Jones, Denney, Moyle and
Eskridge were absent/excused. Representative Bedke will sponsor the
bill.
HJM 19 Mr. Steve Barton, Department of Fish and Game, said this memorial gives
support to the Federal Government regarding the “Voluntary Public
Access and Habitat Incentive Program of 2003”. He said this memorial
recognizes this program as extremely important for maintaining wildlife
related recreation. Mr. Barton said this is a win for land owners,
sportsmen and businesses.
MOTION: Representative Langhorst made a motion to send HJM 19 to the floor with
a “do pass” recommendation.
Mr. Barton answered several questions from the Committee regarding the
funding, and if the State’s “Access Yes” program is already funded, or if
fees will be raised to fund this program. Mr. Barton said the “Access Yes”
program is new and the Commission has not made official action to raise
fees to fund it, but this memorial will help in adding federal funds to the
sportsman’s money to help fund this program.



Mr. Wayne Hammon, USDA Farm Service Agency, expressed concerns
with the memorial and said Congress sets limits on how this money can
be used. He said there is concern with the impact this memorial may
have on current programs in Idaho.
SUBSTITUTE
MOTION:		 Representative Roberts made a substitute motion to hold HJM 19 in
Committee. Representative Campbell called for the question and the
substitute motion carried by a division of 6 to 4 votes with Representatives
Langhorst and Sayler being recorded as voting NAY. HJM 19 will be held
in Committee.
ADJOURN: The meeting adjourned at 3:06 p.m.






DATE: February 23, 2004
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Campbell, Moyle, Roberts, Bedke, Cuddy,
Langhorst, Sayler
ABSENT/

EXCUSED:

 Representative Denney, Barrett, Eskridge, Raybould and Robison
A quorum being present, Chairman Stevenson called the meeting to order
at 3:07 p.m.
UNANIMOUS
CONSENT
REQUEST:		 After Committee discussion, Representative Langhorst asked unanimous
consent to have his NAY vote on HJM 19 be recorded in the minutes of
February 19, 2004. There was no objection.
UNANIMOUS
CONSENT
REQUEST:		 Representative Sayler asked unanimous consent to have his NAY vote on
HJM 19 be recorded in the minutes of February 19, 2004. There was no
objection.
MOTION: Representative Wood made a motion to approve the minutes of Thursday,
February 19, 2004, with the additions stated above. By a voice vote the
motion carried.
H 592 Mr. Karl Dreher, Director; Department of Water Resources, said this bill
changes the requirement for dam inspections from every two years, to
once every five years. He said this puts Water Resources’ inspections in
conjunction with the Federal Government’s requirements.
MOTION: Representative Cuddy made a motion to send H 592 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Jones will sponsor the bill.
H 593 Mr. Dreher said this legislation establishes a minimum fee for filing
proposed construction on dams or mine tailings. He said that
administrative costs are almost as much as the fee and the $200.00
minimum fee is appropriate for the service provided.
MOTION: Representative Jones made a motion to send H 593 to the floor with a “do
pass” recommendation. By a voice vote the motion carried.
Representative Sayler will sponsor the bill.
H 633 Mr. Dreher gave an example of water right diversion and said this bill will
provide that a water right is not subject to forfeiture for non-use if it is
being used for mitigation.
MOTION: Representative Langhorst made a motion to send H 633 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Field (23) will sponsor the bill.
ADJOURN: The meeting adjourned at 3:27 p.m.






DATE: February 25, 2004
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge,
Raybould, Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

 None.
Chairman Stevenson called the meeting to order at 3:00 p.m.
MOTION: Representative Bedke made a motion to approve the minutes of Monday,
February 23, 2004. By a voice vote the motion carried.
H 634 Mr. Norm Semanko, Idaho Water Users Association, said they had
spoken to the people who had raised concerns with this bill, after it had
been held for time certain. He said after this meeting, there have been
amendments drafted to address those concerns. Mr. Semanko reviewed
the amendments to the bill.
Mr. Dennis Tanikuni, Farm Bureau, said they support the bill and the
amendments.



Ms. Julie Pipal, Idaho Transportation Department, said the bill has been
changed to their satisfaction.
MOTION: Representative Campbell made a motion to send H 634 to General
Orders with Committee amendments attached. Representative Cuddy
seconded the motion. By a voice vote the motion carried. Representative
Campbell will sponsor the bill.
H 636 Mr. Semanko said they have decided to propose changes to this bill in
regards to consumptive use. He said they have left in the clarifications of
the definition of consumptive use, but have changed the policy referring to
transfers. Mr. Semanko reviewed the bill and the proposed changes.
MOTION: Representative Wood made a motion to send H 636 to General Orders
with Committee amendments attached. Representative Field seconded
the motion. By a voice vote the motion carried. Representative Wood will
sponsor the bill.
HJR 11 Representative Edmunson said this legislation adds an amendment to the
State Constitution for the right to manage Idaho wildlife and use hunting,
fishing and trapping as management tools. He said we currently do not
have that right. Representative Edmunson said we need this right in our
Constitution. He said he has worked with the Department of Fish and
Game, Idaho Water Users Association, and private property owners, as
well as the Attorney General’s office to ensure this legislation protects the
rights of the people in Idaho. Representative Edmunson said there are
anti fishing and hunting groups that would like to take this right away and
this is a very serious situation.
Speaker Newcomb, said this legislation will help gain control of hunting
and fishing in Idaho and is in response to outside interest groups. He
said this is a first step in protecting our right to hunt, fish and trap.
Speaker Newcomb said the next step is to have a super majority when
groups propose initiatives to ban hunting, and the third step is educating
kids about our wildlife resource and teach them to hunt and fish. He said
this is a good bill and a good step in the right direction for our Idaho
wildlife.
Representative Edmunson explained the key points in the bill and
reviewed facts regarding Idaho. He said this is an issue the State of
Idaho believes in and can bring the people of Idaho together.

See attachment.
MOTION: Representative Field (23) made a motion to send HJR 11 to the floor with
a “do pass” recommendation. By a voice vote the motion carried.
Representative Edmunson will sponsor the bill.
Report on Henry’s Fork Watershed Council



Mr. Dale Swensen, Executive Director; Freemont Madison Irrigation
District, gave a brief background of the watershed council. He said the
council was chartered by the Legislature and they are required to give a
report, this is their tenth anniversary. Mr. Swensen said the council was
founded because of a conflict and formed to help with communication
between federal and local agencies, and to help reduce conflict. He said
their process is based on consensus. Mr. Swensen reviewed the
framework of the council and gave some funding background.



Mr. Steve Trafton, Executive Director, Henry’s Fork Foundation, said they
are a founding member of the watershed council. He reviewed the
projects the council has accomplished. Mr. Trafton said the council is not
just about creating projects, but they are a useful forum for screening
projects as well. He said they have had a successful 10 years, but are
still facing plenty of issues and challenges.

ADJOURN: The meeting adjourned at 4:08 p.m.






DATE: March 1, 2004
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Denney, Campbell, Barrett, Eskridge, Raybould,
Roberts, Bedke, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

 Representatives Moyle and Robison
Chairman Stevenson called the meeting to order at 2:45 p.m.
MOTION: Representative Sayler made a motion to approve the minutes of
Wednesday, February 25, 2004. By a voice vote the motion carried.
H 738 Representative Cuddy said there is a thriving operation in Kamiah, Idaho
that can only use part of the land it owns and can only employ part time
employees. He said this bill will expand the acreage allowed for shooting
preserves.
MOTION: Representative Campbell made a motion to send H 738 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Cuddy will sponsor the bill.
S 1295 Mr. Glenn Saxton, Department of Water Resources, said this legislation
proposes amendments regarding the transfer of water rights in the Idaho
Code. He said this will allow the director to have some discretion in
providing notification of proposed changes to point of diversion when
there is an error in legal description and when these errors do not affect
the water right.
Mr. Justin Hayes, Idaho Conservation League, urged the Committee to
vote against this bill. He said they understand the cases where technical
corrections need to be addressed but that this bill gives a great amount of
latitude to the director.
Mr. Norm Semanko, Idaho Water Users Association, spoke in support of
the bill and said the language isn’t that broad and it is only when there is
no impact on the hydrological use that notification is not required. He
gave some examples of errors in legal descriptions and said this is a very
modest modification to the transfer notification issue.
MOTION: Representative Field (23) made a motion to send S 1295 to the floor with
a “do pass” recommendation. By a voice vote the motion carried.
Representative Campbell will sponsor the bill.
S 1296 Mr. Saxton said this bill proposes amendments to the geothermal
statutes, by removing an ambiguity between two code sections. He said
the two code sections are inconsistent and don’t require the same
applications, the bill will make them require the same things.
Mr. Semanko spoke in support of the bill for the reasons stated by Mr.
Saxton.
MOTION: Representative Barraclough made a motion to send S 1296 to the floor
with a “do pass” recommendation. By a voice vote the motion carried.
Representative Barraclough will sponsor the bill.
H 745 Mr. Norm Semanko, Idaho Water Users Association, said this legislation
will help clarify that drainage and irrigation works can continue to be
operated, maintained, and repaired without obtaining a permit. He said
this clarifies that irrigation and drainage works are not navigable streams
and that ditch and drain maintenance does not require a stream channel
alteration permit.
MOTION: Representative Wood made a motion to send H 745 to the floor with a “do
pass” recommendation.
Mr. Semanko answered questions and concerns from the Committee,
regarding language in the bill.



Mr. Justin Hayes, said his organization has concerns with this legislation,
that it is converting the right to use the water to the right to own the water.



By a voice vote the motion carried, with Representatives Jones and
Langhorst being recorded as voting NAY. Representative Raybould will
sponsor the bill.
ADJOURN: The meeting adjourned at 3:33 p.m.






DATE: March 3, 2004
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Barraclough, Campbell, Barrett, Eskridge, Raybould, Roberts,
Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

 Representatives Bell, Denney, Moyle, and Bedke
A quorum being present, Chairman Stevenson called the meeting to order
at 3:21 p.m.
MOTION: Representative Eskridge made a motion to approve the minutes of
Monday, March 1, 2004. By a voice vote the motion carried.
Vice Chairman Wood assumed the chair.
H 744 Representative Stevenson explained that this bill corrects an error
overlooked a year ago. He said when the state took over Box Canyon
into the state park system, there was an agreement with the previous
owners to name the park the Earl M. Hardy Box Canyon Springs Nature
Preserve. Representative Stevenson said this name was inadvertently
left out last year, and this bill corrects that oversight.
UNANIMOUS
CONSENT
REQUEST:		 Representative Wood asked unanimous consent to send H 744 to the
floor with a “do pass” recommendation. There being no objection, the bill
will be sent to the floor. Speaker Newcomb will sponsor the bill.
Chairman Stevenson re-assumed the chair.
Mr. Jim Caswell said that a year ago they brought the Governor’s strategy
for amending the 10(j) Rule. He said now, the rule has been drafted and
is on its way to the Federal Register. Mr. Caswell introduced David
Hensley to explain the details.



Mr. David Hensley, attorney, reviewed what they wanted to accomplish
with the amendment of the 10(j) Rule, an increase in the state’s
management role and an increase in flexibility for taking wolves. Mr.
Hensley explained that there will be two rules, the current 10(j) Rule will
stay in effect, but there will also be the amended rule. Mr. Hensley gave
an overview of what the current 10(j) Rule and what the amended rule will
allow, regarding management, ability to kill or move wolves impacting big
game herds, predation of domestic animals and permits for taking wolves
on private property. He explained where the amended rule would apply
and when it would apply. Mr. Hensley explained that the amended rule
will define “in the act” and “unacceptable impact”, the current rule does
not define these terms. Mr. Hensley answered questions from the
Committee regarding permits on private and public land and how many
permits are allowed, and the role of the U.S. Fish and Wildlife Services.



Mr. Steve Huffaker, Director; Department of Fish and Game, answered
questions regarding the unacceptable impact definition on ungulate
populations and how this will be determined.



Mr. Hensley answered more questions from the Committee regarding the
impact of the 60 day comment period and how that may influence the final
decision to amend the rule.



Mr. Michael Bogert, Governor’s Office, expressed thanks to the species
conservation team on behalf of the Governor. He said this opportunity
and promise of state management is an important and significant
milestone on this issue. He encouraged comments from groups in favor
of this rule amendment to be forwarded to the Secretary of Interior.



Mr. Huffaker introduced Steve Nadeau, Fish and Game Department, and
Carter Niemeyer, U.S. Fish and Wildlife Services, and said they will be
traveling throughout the state to give training to Fish and Game
employees for the ability to respond to wolves.



Mr. Caswell introduced Jeff Allen and said he would like to stress the
issue Mr. Bogart raised regarding the reaction and comment on this issue,
that the Secretary of Interior needs to hear both sides.



Mr. Caswell briefly reviewed the progress of the petition to list Slickspot
Pepper Grass, that a rule has been written and the Service made a
decision to extend the time frame for listing. He said a conservation
agreement was drafted and the resulting decision was to not list the plant.
He said currently it is not listed and has no status, but there is more work
to be done in implementing the agreement. Mr. Caswell said they are
trying to take a similar action with the Sage Grouse but the issue is more
complicated. He said they will try to draft something to protect Idaho’s
interest in regards to Sage Grouse over the next year.
ADJOURN: The meeting adjourned at 4:25 p.m.






DATE: March 9, 2004
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Barraclough, Denney, Campbell, Barrett, Moyle, Eskridge,
Raybould, Roberts, Bedke, Robison, Cuddy, Langhorst, Sayler
ABSENT/

EXCUSED:

 None.
Chairman Stevenson called the meeting to order at 2:38 p.m.
MOTION: Representative Robison made a motion to approve the minutes of
Wednesday, March 3, 2004. By a voice vote the motion carried.
HJM 24 Representative Roberts said this bill deals with additional water storage in
the State of Idaho. He said there are waters needed for multiple uses in
the state.
MOTION: Representative Barrett made a motion to send HJM 24 to the floor with a
“do pass” recommendation.
Mr. Bill Sedivy, Idaho Rivers United, said that across America there are
more dams being taken out rather than built because of the damage they
do to the environment and ecosystems. Mr. Sedivy submits we should be
encouraging smarter use of our limited water.
By a voice vote the motion carried, with Representatives Robison and
Langhorst being recorded as voting NAY. Representatives Roberts and
Cuddy will sponsor the bill.
HJM 23 Representative Newcomb said this memorial encourages the Governor,
Attorney General’s Office, and Directors from the Department of Fish and
Game, Water Resources and Office of Species Conservation, to intervene
in federal litigation regarding the biological opinion for the Bureau of
Reclamation. He said there are some typographical errors that will need
to be corrected, he reviewed the corrections.
Mr. Norm Semanko, Idaho Water Users Association, said this legislation
is meant to support the effort of the state to intervene in this federal case.
Mr. Bill Sedivy, spoke in opposition to the legislation for several reasons.
He said intervention has already been filed, making the memorial
unnecessary. He said the relationship between flow augmentation and
salmon survival is documented and the bill shows that the Legislature is
unwilling to protect salmon. Mr. Sedivy said the memorial ignores that
salmon are in trouble and he urged the Committee to vote against it.
Vice Chairman Wood assumed the Chair.



Mr. Sedivy answered questions from the Committee regarding flow
augmentation data and salmon recovery, the motivation behind the
federal law suite, the removal of the four Lower Snake River dams and
the amount of power those dams produce.
MOTION: Representative Campbell made a motion to send HJM 23 to the floor with
a “do pass” recommendation.
Representative Newcomb clarified the percentage of power the dams
produce, saying the dams provided 16% of power at full capacity, now the
dams have been restricted to 40% capacity and provide approximately
5% or less of the power in the Northwest.
Mr. Tom Stuart, representing himself, reviewed areas in the memorial
language that are misleading. He said Idaho has a history of saying no to
a lot of salmon recovery steps, and HJM 23 is not required to get the state
involved in the federal case.
Mr. Norm Semanko said the Legislature does need to support what the
Attorney General’s Office is doing to intervene in the federal litigation. He
said that flow augmentation doesn’t seem to help salmon and doesn’t
help the temperature problem. Mr. Semanko said that flow targets are
objectives and that flow objectives don’t have to be met all the time. He
said the memorial gives appropriate recognition to the state in intervening
in the federal case.
Representative Newcomb said this legislation supports the Governor and
Attorney General’s Office in reference to protecting the water supply in the
state. He said this is a temperature issue and not so much a flow issue
and other things may be successful. Representative Newcomb said this
is taking water for fish at the expense of everyone else.
Amended

MOTION:

 Representative Campbell made an amended motion to send HJM 23 to
the floor with a “do pass” recommendation and with the corrections
mentioned by the sponsor. By a roll call vote the motion carried, with
Representatives Stevenson, Wood, Jones, Bell, Barraclough, Denney,
Campbell, Barrett, Moyle, Eskridge, Raybould, Roberts, Bedke, and
Cuddy voting AYE and Representatives Robison, Langhorst, and Sayler
voting NAY. Representative Field (23) was absent/excused.
Representative Newcomb will sponsor the bill.
Chairman Stevenson assumed the chair.
S 1367 Mr. Norm Semanko said this bill deals with an issue in more urbanized
areas of the state. He said it allows private individuals on laterals to allow
canal companies to do maintenance on the laterals. He said this is not a
typical way to do maintenance on laterals and it doesn’t force the creation
of a lateral district, by allowing the irrigation district to do maintenance.
Mr. Semanko said this does address liability issues and doesn’t expand
the rights of the land owner and doesn’t impact the lateral district if there
is one.
MOTION: Representative Roberts made a motion to send S 1367 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representative Moyle will sponsor the bill.
SCR 129 Representative Campbell said this resolution rejects the rules of the
Department of Fish and Game regarding commercial fishing.
MOTION: Representative Campbell made a motion to send SCR 129 to the floor
with a “do pass” recommendation. By a voice vote the motion carried.
Representatives Eskridge and Campbell will sponsor the bill.
ADJOURN: The meeting adjourned at 4:15 p.m.






DATE: March 17, 2004
TIME: 1:30 p.m. or Upon Adjournment
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Barraclough, Denney, Moyle, Eskridge, Raybould, Roberts, Bedke,
Robison, Cuddy, Langhorst
ABSENT/

EXCUSED:

 Representative Bell, Campbell, Barrett, and Sayler
A quorum being present, Chairman Stevenson called the meeting to order
at 2:14 p.m.
MOTION: Representative Cuddy made a motion to approve the minutes of Tuesday,
March 9, 2004. By a voice vote the motion carried.
Mr. Jim Kempton, Northwest Power Planning Council, reviewed the
possible proposal by Washington for irrigation withdrawals. He said Idaho
and Montana will comment on the plan after Washington writes the
proposal, but Washington will do the irrigation withdrawals regardless of
the comments. Mr. Kempton answered questions from the Committee
regarding how much water will be coming out below the Snake River, and
the impacts to the river.



Ms. Judy Danielson, Chairman, Northwest Power Planning Council,
commented on the proposal for offset of spill reduction. She said the
Columbia River initiative proposal, with national research will be out at the
end of March and they will keep the Committee informed of that. Ms.
Danielson said Washington has a big problem with over appropriation, as
do all the states except for Montana. She said the water in Washington
will be appropriated for economic development and that they are not
going to get a good response to the plan. Ms. Danielson said a big issue
before the Council is the Power Plan. She also reviewed the analysis of
what is expected out of the hatcheries in the region, and said the
expectations have changed. Ms. Danielson responded to comments from
the Committee regarding appreciation for information from the Council
and an update on the Nez Perce hatchery.



Representative Cuddy commented on an RS to be presented before the
Ways and Means Committee. He said the RS is about conserving water
in the Columbia River System.
ADJOURN: The meeting adjourned at 2:49 p.m.






DATE: March 19, 2004
TIME: At the Call of the Chair
PLACE: Room 412
MEMBERS: Chairman Stevenson, Vice Chairman Wood, Representatives Field(23),
Jones, Bell, Denney, Barrett, Moyle, Eskridge, Raybould, Roberts, Bedke,
Robison, Cuddy, Sayler
ABSENT/

EXCUSED:

 Representative Barraclough, Campbell and Langhorst
A quorum being present, Chairman Stevenson called the meeting to order
at 1:10 p.m.
MOTION: Representative Eskridge made a motion to approve the minutes of
Wednesday, March 17, 2004. By a voice vote the motion carried.
S 1417 Senator Williams explained that rules for the Department of Agriculture
were rejected, relating to emphasis on farmers and reducing feed line
exposure between elk and cattle. He said that this bill allows the
Department of Agriculture and the Department of Fish and Game to
cooperate and requires disease control methods.
Representative Jones said this would normally go through the Agricultural
Affairs Committee, but they would not be having a meeting and so was
brought through this Committee for a hearing.
MOTION: Representative Jones made a motion to send S 1417 to the floor with a
“do pass” recommendation.
A Committee Member question when and how the rules would be
promulgated. Representative Jones said the rules coming from this would
be better than the ones that had been rejected this year, and they will be
scrutinized during the rules review process next year.



Mr. Stan Boyd, Idaho Elk Breeders Association, said the concern is during
the Winter when elk come to feed with cattle that are being fed on the
ranch, not with elk farmers. He said this bill will address this concern.



By a voice vote the motion carried. Representative Jones will sponsor the
bill.
SJM 110 Ms. Jane Gorsuch, Intermountain Forest Association, said this memorial
is intended to send a message of support for endorsement to Idahoans
who have been looking at alternative ways of managing federal lands.
She explained there are five pilot project, the Clearwater Basin Project is
specifically referred to in the memorial. Ms. Gorsuch said another project
is the Cassia Project which is being developed as an innovative approach
to managing BLM and Forest Service lands in southern central Idaho.
She said this memorial urges continued work in the U.S. Congress for
these projects and for any additional efforts that might come from local
groups interested in other pilot projects.
MOTION: Representative Cuddy made a motion to send SJM 110 to the floor with a
“do pass” recommendation. By a voice vote the motion carried.
Representatives Cuddy and Roberts will sponsor the memorial.
Chairman Stevenson thanked Representative Robison for his service on
the Committee and wished him well on his future endeavors.



Representative Robison said he had been on this Committee since he
had started in the Legislature and spoke highly of members, past and
present and said he enjoyed his work with the Committee.
ADJOURN: The meeting adjourned at 1:27 p.m.