Print Friendly SENATE BILL NO. 1035 – Clearwater River/S. Fork/Water Plan
SENATE BILL NO. 1035
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S1035..........................................by RESOURCES AND ENVIRONMENT
SOUTH FORK CLEARWATER RIVER BASIN - WATER PLAN - Adds to existing law to
ratify and approve the Comprehensive State Water Plan for the South Fork
Clearwater River Basin, as adopted by the Idaho Water Resource Board on
June 8, 2004; to provide for designation of the state natural rivers; to
provide for designation of state recreational rivers; and to provide
exceptions to apply to the designated recreational rivers.
01/20 Senate intro - 1st rdg - to printing
01/21 Rpt prt - to Res/Env
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/18 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Broadsword, Bunderson, Burkett, Burtenshaw,
Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai, Marley, McGee, McKenzie, Noble, Pearce, Richardson,
Schroeder, Stegner, Stennett, Werk, Williams
NAYS -- None
Absent and excused -- Brandt, Sweet
Floor Sponsor - Stennett
Title apvd - to House
02/21 House intro - 1st rdg - to Res/Con
03/18 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
Rls susp - PASSED - 59-0-11
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon,
Clark, Collins, Crow, Denney, Edmunson(Barker), Ellsworth, Field(18),
Field(23), Garrett, Hart, Henbest, Henderson, Jaquet, Jones, Kemp,
Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague,
Miller, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
Ringo, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
NAYS -- None
Absent and excused -- Black, Deal, Eskridge, Harwood, Mitchell, Ring,
Roberts, Rusche, Trail, Wills, Mr. Speaker
Floor Sponsor - Stevenson
Title apvd - to Senate
03/22 To enrol
03/23 Rpt enrol - Pres signed
03/24 Sp signed
03/25 To Governor
03/28 Governor signed
Session Law Chapter 156
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1035
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO THE COMPREHENSIVE STATE WATER PLAN; RATIFYING AND APPROVING THE
3 COMPREHENSIVE STATE WATER PLAN FOR THE SOUTH FORK CLEARWATER RIVER BASIN
4 AS ADOPTED BY THE IDAHO WATER RESOURCE BOARD ON JUNE 8, 2004, TO PROVIDE
5 FOR DESIGNATION OF STATE NATURAL RIVERS, TO PROVIDE FOR DESIGNATION OF
6 STATE RECREATIONAL RIVERS, AND TO PROVIDE FOR EXCEPTIONS TO APPLY TO THE
7 DESIGNATED RECREATIONAL RIVERS; AND DECLARING AN EMERGENCY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That pursuant to section 42-1734B(6), Idaho Code, the Compre-
10 hensive State Water Plan for the South Fork Clearwater River Basin, adopted by
11 resolution of the Idaho Water Resource Board on June 8, 2004, be, and the same
12 is hereby ratified and approved. In accordance with section 42-1734A, Idaho
13 Code, the basin plan includes the following protected river reach designa-
15 (1) The following waterways are protected as State Natural Rivers:
16 (a) Tenmile Creek - (10 miles): from headwaters to Wilderness boundary
17 and the following tributary:
18 * Williams Creek - (5.2 miles): Headwaters to confluence with Tenmile
20 (b) Twentymile Creek - (3 miles): Headwaters to Wilderness boundary.
21 (c) Johns Creek - (8 miles): from headwaters to Wilderness boundary, and
22 the following tributaries:
23 * Hagen Creek - (4.4 miles): Headwaters to confluence with Johns
25 * Square Mountain Creek - (5.0 miles): Headwaters to confluence with
26 Moores Creek.
27 * Moores Creek - (6.4 miles): Headwaters to confluence with Square
28 Mountain Creek.
29 * Gospel Creek - (6.6 miles): Headwaters to confluence with Johns
31 * West Fork Gospel Creek - (5.2 miles): Headwaters to confluence with
32 Gospel Creek.
33 (d) The following activities are prohibited within these waterways:
34 * Construction or expansion of dams or impoundments;
35 * Construction of hydropower projects;
36 * Construction of water diversion works;
37 * Dredge or placer mining (including recreational dredge mining);
38 * Alteration of the stream bed; and
39 * Mineral or sand and gravel extraction within the stream bed.
40 (2) The following waterways are protected as state Recreational Rivers:
41 (a) Red River - (27.2 miles): Headwaters to confluence with American
42 River, and the following tributaries:
43 * Otterson Creek - (3.5 miles): Headwaters to confluence with Red
1 * South Fork Red River - (11.7 miles): Headwaters to confluence with
2 Red River.
3 * West Fork Red River - (4.3 miles): Headwaters to confluence with
4 Middle South Fork Red River.
5 * Moose Butte Creek - (3.5 miles): Headwaters to confluence with Red
7 * Red Horse Creek - (8.2 miles): Headwaters to confluence with Red
9 (b) American River - (21.6 miles): Headwaters to confluence with South
10 Fork Clearwater, and the following tributaries:
11 * Limber Luke Creek - (2.8 miles): Headwaters to confluence with
12 American River.
13 * West Fork American River - (5.0 miles): Headwaters to confluence
14 with American River.
15 * East Fork American River - (6.5 miles): Headwaters to confluence
16 with American River.
17 * Kirks Fork - (6.8 miles): Headwaters to confluence with American
19 (c) Crooked River - (11.6 miles): Headwaters to confluence with South
20 Fork Clearwater, and the following tributary:
21 * Relief Creek - (6.3 miles): Headwaters to confluence with Crooked
23 * East Fork Crooked River - (7.1 miles): Headwaters to confluence
24 with Crooked River.
25 * West Fork Crooked River - (5.3 miles): Headwaters to confluence
26 with Crooked River.
27 (d) Newsome Creek - (15.7 miles): Headwaters to confluence with South
28 Fork Clearwater, and the following tributaries:
29 * Haysfork Creek - (5.0 miles): Headwaters to confluence with
30 Newsome Creek.
31 * Baldy Creek - (6.1 miles): Headwaters to confluence with Newsome
33 * Pilot Creek - (6.0 miles): Headwaters to confluence with Newsome
35 * Sawmill Creek - (3.6 miles): Headwaters to confluence with Newsome
37 * Sing Lee Creek - (3.0 miles): Headwaters to confluence with Newsome
39 * West Fork Newsome Creek - (6.0 miles): Headwaters to confluence
40 with Newsome Creek.
41 (e) Tenmile Creek - (7 miles): Wilderness boundary to confluence with
42 South Fork Clearwater and the following tributary:
43 * Sixmile Creek - (4.7 miles): Headwaters to confluence with Tenmile
45 (f) Twentymile Creek - (8 miles): Wilderness boundary to confluence with
46 South Fork Clearwater.
47 (g) Wing Creek - (5.1 miles): Headwaters to confluence with South Fork
49 (h) Silver Creek - (15.9 miles): Headwaters to confluence with South Fork
51 (i) Johns Creek - (12 miles): Wilderness boundary to confluence with
52 South Fork Clearwater.
53 (j) Meadow Creek - (15.2 miles): Headwaters to confluence with South Fork
55 (k) Mill Creek - (15.9 miles): Headwaters to confluence with South Fork
2 (l) South Fork Clearwater - (63.8 miles): Headwaters to confluence with
3 Middle Fork Clearwater - Recreational.
4 The following activities are prohibited within these waterways, except as
5 allowed under subsection (3) of this section:
6 * Construction or expansion of dams or impoundments;
7 * Construction of hydropower projects;
8 * Construction of diversion works;
9 * Dredge or placer mining (including recreational dredging, except
10 where allowed through application for permit, Form 3804-B);
11 * Mineral or sand and gravel extraction within the stream channel;
12 * Alterations of the stream channel.
13 (3) The following exceptions apply to recreational rivers listed in sub-
14 section (2) of this section:
15 (a) Alterations of the stream channel for construction and maintenance of
16 roads, bridges, and trails; public recreation facilities; fish and wild-
17 life enhancement structures; and channel reconstruction projects approved
18 by the Board are allowed if they do not impede fish passage, spawning,
19 rearing and boat passage.
20 (b) The following recreational river reaches are adjacent to privately
21 owned land, which may require construction of diversion works for domes-
22 tic, municipal or agricultural uses:
23 * South Fork Clearwater River, from the Nez Perce National Forest
24 boundary to confluence with Middle Fork Clearwater:
25 * Red River and Moose Butte Creek
26 * American River, mainstem only
27 * Relief Creek
28 * Crooked River, mainstem only
29 * Newsome Creek mainstem and Pilot Creek
30 * Meadow Creek
31 * Mill Creek
32 Construction of water diversion works for domestic, municipal, and agri-
33 cultural uses is allowed on the river reaches specified herein if these
34 activities do not impede fish passage, spawning, rearing or boat passage.
35 (c) All activities allowed under this subsection must comply with all
36 state stream channel alterations rules and standards. All works must be
37 constructed or maintained to minimize erosion and sedimentation.
38 SECTION 2. An emergency existing therefor, which emergency is hereby
39 declared to exist, this act shall be in full force and effect on and after its
40 passage and approval.
STATEMENT OF PURPOSE
Passage of this proposed legislation will give final approval to
the South Fork Clearwater River Basin component of the
Comprehensive State Water Plan. The South Fork Clearwater Plan
examines the water and related resources within the basin, and
contains water management recommendations and actions to protect
waterways and to pursue minimum stream flows. The Plan protects
54 miles as state Natural Rivers and 324 miles as state
Enactment of this legislation will have no effect upon the
state's general fund or other state or local funds.
Name: Jerry R. Rigby, Chairman, Idaho Water Resource Board
Name: Bill Graham, Water Resources, Dept. Of
STATEMENT OF PURPOSE/FISCAL NOTE S 1035