2005 Legislation
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HOUSE BILL NO. 392 – Approp, statewide water issues

HOUSE BILL NO. 392

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Bill Status



H0392.....................................................by APPROPRIATIONS
APPROPRIATIONS - Providing legislative intent regarding statewide water
issues; authorizing the Water Resource Board to proceed with the purchase
of water rights owned by the Bell Rapids Mutual Irrigation Company;
appropriating $21,300,000 for the Idaho Water Resource Board to purchase
water rights; appropriating $7,200,000 to be used by the Water Resource
Board for water projects and to lease water rights; appropriating
$3,000,000 to be used by the Water Resource Board to implement the
Conservation Reserve Enhancement Program; appropriating an additional
$360,000 to the Soil Conservation Commission for fiscal year 2006;
authorizing an additional three full-time equivalent positions for the Soil
Conservation Commission; appropriating an additional $1,200,000 to the
Department of Water Resources for fiscal year 2006; authorizing an
additional one full-time equivalent position; appropriating an additional
$700,000 to the Department of Water Resources for the Planning and
Technical Services Program for fiscal year 2006; and appropriating an
additional $300,000 to the Department of Environmental Quality for the
Water Quality Program for fiscal year 2006.
                                                                        
03/28    House intro - 1st rdg - to printing
    Rpt prt - to 2nd rdg
    Rls susp - PASSED - 63-7-0
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henderson, Jaquet,
      Jones, Kemp, Lake, LeFavour, Martinez, Mathews, McGeachin, McKague,
      Miller, Mitchell, Moyle, Nielsen, Nonini, Pence, Raybould, Ring,
      Roberts, Rusche, Rydalch, Sayler, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24)(Frost), Smylie, Snodgrass, Stevenson,
      Trail, Wills, Wood, Mr. Speaker
      NAYS -- Barrett, Henbest, Loertscher, Pasley-Stuart, Ringo, Sali,
      Schaefer
      Absent and excused -- None
    Floor Sponsor - Bedke
    Title apvd - to Senate
03/29    Senate intro - 1st rdg - to Fin
04/06    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 27-7-1
      AYES -- Andreason, Broadsword, Bunderson, Burtenshaw, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Fulcher(Fulcher), Geddes,
      Goedde, Hill, Jorgenson, Keough, Little, Lodge, McGee, McKenzie,
      Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Williams
      NAYS -- Brandt, Burkett, Kelly, Langhorst, Malepeai, Marley, Werk
      Absent and excused -- Gannon
    Floor Sponsor - Cameron
    Title apvd - to House
04/06    To enrol
04/07    Rpt enrol - Sp/Pres signed - To Governor
04/07    Governor signed
         Session Law Chapter 328
         Effective: 04/07/05 Sections 1 through 4;
         07/01/05 All other sections

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 392
                                                                        
                                BY APPROPRIATIONS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO APPROPRIATIONS FOR STATEWIDE WATER ISSUES; TO PROVIDE  LEGISLATIVE
  3        FINDINGS;  AUTHORIZING  THE WATER RESOURCE BOARD TO PURCHASE CERTAIN WATER
  4        RIGHTS AND LEASE A PORTION TO THE BUREAU OF RECLAMATION; APPROPRIATING AND
  5        TRANSFERRING GENERAL FUND MONEYS TO THE IDAHO WATER RESOURCE BOARD REVOLV-
  6        ING DEVELOPMENT FUND FOR FISCAL YEAR 2005; APPROPRIATING AND  TRANSFERRING
  7        LIQUOR  CONTROL  FUND  MONEYS  TO THE IDAHO WATER RESOURCE BOARD REVOLVING
  8        DEVELOPMENT FUND FOR FISCAL YEAR 2005; APPROPRIATING AND TRANSFERRING GEN-
  9        ERAL FUND MONEYS TO THE IDAHO WATER RESOURCE BOARD  REVOLVING  DEVELOPMENT
 10        FUND  FOR  FISCAL  YEAR  2006; APPROPRIATING ADDITIONAL MONEYS TO THE SOIL
 11        CONSERVATION COMMISSION FOR FISCAL YEAR 2006; AUTHORIZING ADDITIONAL FULL-
 12        TIME EQUIVALENT POSITIONS TO THE SOIL CONSERVATION COMMISSION  FOR  FISCAL
 13        YEAR  2006;  APPROPRIATING  ADDITIONAL  MONEYS  TO THE DEPARTMENT OF WATER
 14        RESOURCES FOR FISCAL YEAR 2006; AUTHORIZING AN ADDITIONAL FULL-TIME EQUIV-
 15        ALENT POSITION TO THE DEPARTMENT OF WATER RESOURCES FOR FISCAL YEAR  2006;
 16        APPROPRIATING  ADDITIONAL  MONEYS TO THE DEPARTMENT OF WATER RESOURCES FOR
 17        SPECIFIED PROJECTS FOR FISCAL YEAR 2006; APPROPRIATING  ADDITIONAL  MONEYS
 18        TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY FOR A SPECIFIC PROJECT FOR FIS-
 19        CAL YEAR 2006; AND DECLARING AN EMERGENCY FOR SECTIONS 1 THROUGH 4 OF THIS
 20        ACT.
                                                                        
 21    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 22        SECTION  1.  The Legislature finds that it is in the best interests of the
 23    state of Idaho to invest in short-term and  long-term  funding  approaches  to
 24    statewide  water  issues driven by drought, water supply and the basic demands
 25    of economic development. This investment across the state will  contribute  to
 26    the stability and economic well-being of all citizens of the state of Idaho.
                                                                        
 27        SECTION  2.  The Legislature hereby authorizes the Water Resource Board to
 28    proceed with the purchase of water rights owned  by  the  Bell  Rapids  Mutual
 29    Irrigation  Company  as  provided  for  in  the  letter of intent entered into
 30    between the board and the company on March 9, 2005, and hereby  declares  this
 31    acquisition of water rights to constitute a water project under the provisions
 32    of Chapter 17, Title 42, Idaho Code. The Legislature hereby further authorizes
 33    the Water Resource Board to lease 60,000 acre feet of water annually under the
 34    acquired  water  rights  to  the  U.S.  Bureau of Reclamation for a term of 30
 35    years.
                                                                        
 36        SECTION 3.  There is hereby appropriated $21,300,000 from the General Fund
 37    for the period July 1, 2004 through June 30, 2005. The State Controller  shall
 38    immediately  transfer  that amount to the Idaho Water Resource Board Revolving
 39    Development Fund established in Section 42-1752, Idaho Code. Such moneys shall
 40    be used by the Idaho Water Resource Board to purchase water rights. The amount
 41    transferred is a short-term loan with an annual interest rate of 3% and  shall
 42    be repaid to the General Fund on or before July 1, 2006.
                                                                        
                                       2
                                                                        
  1        SECTION  4.  Notwithstanding the provisions of Section 23-404, Idaho Code,
  2    there is hereby appropriated $7,200,000 from the Liquor Control Fund  for  the
  3    period July 1, 2004, through June 30, 2005. The State Controller shall immedi-
  4    ately  transfer that amount to the Idaho Water Resource Board Revolving Devel-
  5    opment Fund established in Section 42-1752, Idaho Code. Such moneys  shall  be
  6    used  by  the Idaho Water Resource Board for water projects and to lease water
  7    rights.
                                                                        
  8        SECTION 5.  There is hereby appropriated $3,000,000 from the General  Fund
  9    for the period July 1, 2005, through June 30, 2006. The State Controller shall
 10    transfer  that  amount to the Idaho Water Resource Board Revolving Development
 11    Fund established in Section 42-1752, Idaho Code. Such moneys shall be used  by
 12    the  Idaho  Water Resource Board for loans to ground water districts organized
 13    pursuant to Section 42-5202, Idaho Code, to implement the Conservation Reserve
 14    Enhancement Program.
                                                                        
 15        SECTION 6.  In addition to the appropriation provided in Section 1, Senate
 16    Bill No. 1214, enacted by the First Regular Session of the Fifty-eighth  Idaho
 17    Legislature,  there is hereby appropriated to the Soil Conservation Commission
 18    in the Department of Agriculture the following amount, to be expended  accord-
 19    ing to the designated expense classes from the listed fund for the period July
 20    1, 2005, through June 30, 2006:
 21    FOR:
 22    Personnel Costs                                                       $205,200
 23    Operating Expenditures                                                 154,800
 24      TOTAL                                                               $360,000
 25    FROM:
 26    General Fund                                                          $360,000
                                                                        
 27        SECTION  7.  In  addition to the positions authorized in Section 2, Senate
 28    Bill No. 1214, enacted by the First Regular Session of the Fifty-eighth  Idaho
 29    Legislature,  there  is hereby authorized three (3) full-time equivalent posi-
 30    tions to the Soil Conservation Commission for the period July 1, 2005, through
 31    June 30, 2006.
                                                                        
 32        SECTION 8.  In addition to the appropriation provided in Section 1, Senate
 33    Bill No. 1195, enacted by the First Regular Session of the Fifty-eighth  Idaho
 34    Legislature, there is hereby appropriated to the Department of Water Resources
 35    the  following amount, to be expended for the designated programs according to
 36    the designated expense classes from the listed funds for the  period  July  1,
 37    2005, through June 30, 2006:
 38    PLANNING AND TECHNICAL SERVICES:
 39    FOR:
 40    Personnel Costs                                                     $   82,400
 41    Operating Expenditures                                                   7,600
 42      TOTAL                                                             $   90,000
 43    FROM:
 44    General Fund                                                        $   90,000
 45    WATER MANAGEMENT:
 46    FOR:
 47    Personnel Costs                                                     $  400,000
 48    Operating Expenditures                                                 800,000
 49      TOTAL                                                             $1,200,000
 50    FROM:
 51    Water Administration Fund                                           $1,200,000
                                                                        
                                       3
                                                                        
  1        SECTION  9.  In  addition to the positions authorized in Section 2, Senate
  2    Bill No. 1195, enacted by the First Regular Session of the Fifty-eighth  Idaho
  3    Legislature,  there is hereby authorized one (1) full-time equivalent position
  4    to the Department of Water Resources for the period July 1, 2005, through June
  5    30, 2006.
                                                                        
  6        SECTION 10.  In addition to the appropriation provided in Section 1,  Sen-
  7    ate  Bill  No.  1195, enacted by the First Regular Session of the Fifty-eighth
  8    Idaho Legislature, there is hereby appropriated $700,000 from the General Fund
  9    to the Department of Water Resources for the Planning and  Technical  Services
 10    Program to be expended for operating expenditures for the period July 1, 2005,
 11    through  June  30, 2006. Such moneys are a one-time appropriation and shall be
 12    used for the Rathdrum Aquifer Collaborative Study, Rathdrum Aquifer Spring and
 13    Well Monitoring, and Palouse Basin Aquifer Projects or, to ensure the best use
 14    of the appropriated moneys, such projects agreed to by the Department of Water
 15    Resources and those local entities proposing the specified projects. The  Leg-
 16    islature encourages the formation of water user entities to develop sources of
 17    revenue to pay for future projects.
                                                                        
 18        SECTION  11.  In addition to the appropriation provided in Section 1, Sen-
 19    ate Bill No. 1211, enacted by the First Regular Session  of  the  Fifty-eighth
 20    Idaho Legislature, there is hereby appropriated $300,000 from the General Fund
 21    to the Department of Environmental Quality for the Water Quality Program to be
 22    expended  for operating expenditures for the period July 1, 2005, through June
 23    30, 2006. Such moneys are a one-time appropriation and shall  be  used  for  a
 24    study  of  water use and reuse in Northern Idaho or, to ensure the best use of
 25    the appropriated moneys, such projects agreed to by the Department of Environ-
 26    mental Quality and those local entities proposing the specified  project.  The
 27    Legislature encourages the formation of water user entities to develop sources
 28    of revenue to pay for future projects.
                                                                        
 29        SECTION  12.  An  emergency  existing  therefor, which emergency is hereby
 30    declared to exist, Sections 1 through 4 of this act shall be in full force and
 31    effect on and after passage and approval.

Statement of Purpose / Fiscal Impact


Statement of Purpose
RS15211C1

This bill provides a Statewide Water Funding Package to address statewide water issues driven by drought, water supply, and basic demands of economic development. This investment will contribute to the stability and economic well being of all citizens of the state of Idaho.

The legislation authorizes the Water Resource Board to proceed with the purchase of water rights owned by the Bell Rapids Mutual Irrigation Company. It then authorizes the Board to lease part of those water rights to the Bureau of Reclamation. It also provides for loans to implement the Conservation Reserve Enhancement Program for 21 counties in southeastern Idaho and staffing to provide technical assistance. It provides staffing for the Department of Water Resources and one-time funding for specified water projects in the northern part of the state.

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Fiscal Note

For fiscal year 2005, this legislation appropriates $21,300,000 from the General Fund and $7,200,000 from the Liquor Control Fund for a total of $28,500,000 to be transferred to the Revolving Development Fund. Such monies are to be used to purchase water rights, lease water rights, and fund other water projects as detailed in section 2 and as clarified in HB 373. Of the total $24,375,000 is needed to purchase water rights from the Bell Rapids Mutual Irrigation Company leaving $4,125,000 available for other projects. The $21.3 million from the General Fund is a loan to be repaid to the General Fund on or before July 1, 2006.

For fiscal year 2006, this legislation appropriates $4,450,000 from the General Fund and $1,200,000 from dedicated funds for a total of $5,650,000. First, it appropriates $3,000,000 from the General Fund and transfers that amount to the Revolving Development Fund to be used for loans to Ground Water Districts to implement the Conservation Reserve Enhancement Program (CREP). Second, it provides $360,000 in ongoing General Fund support to the Soil Conservation Commission to provide technical support for the CREP program. Third, the bill appropriates $90,000 from the General Fund to restore a Hydrology Section Manager position in the Department of Water Resources. Fourth, spending authority is provided to the Department of Water Resources for assessments charged to water users as explained in HB 374. Fifth, $700,000 is appropriated to the Department of Water Resources for specified projects in Northern Idaho. And last, $300,000 is appropriated from the General Fund to the Department of Environmental Quality for a water use and re-use study on the Rathdrum Prairie.

The total fiscal impact for both fiscal years is $25,750,000 from the General Fund and $8,400,000 from dedicated funds for a total of $34,150,000. Of the total, $21.3 million is to be repaid to the General Fund on or before July 1, 2006.

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Contact: Ray Houston 334-4741

Legislative Services Office, Budget & Policy Analysis

Statement of Purpose/Fiscal Note Bill No. H392