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S1118..........................................by RESOURCES AND ENVIRONMENT
WATER RIGHTS - Amends existing law to provide that a single annual
temporary permit may be issued by the Department of Water Resources to the
state of Idaho, or any of its political subdivisions for the exclusive use
of water for construction or maintenance of public facilities, regardless
of number of points of diversion, not to exceed one acre foot of water per
year, per permit.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to Res/Env
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1118
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO WATER RIGHTS; AMENDING SECTION 42-202A, IDAHO CODE, TO PROVIDE
3 THAT A SINGLE ANNUAL TEMPORARY PERMIT MAY BE ISSUED BY THE DEPARTMENT OF
4 WATER RESOURCES TO THE STATE OF IDAHO, OR ANY OF ITS POLITICAL SUBDIVI-
5 SIONS FOR THE EXCLUSIVE USE OF WATER FOR CONSTRUCTION OR MAINTENANCE OF
6 PUBLIC FACILITIES, REGARDLESS OF THE NUMBER OF POINTS OF DIVERSION, NOT TO
7 EXCEED ONE ACRE FOOT OF WATER PER YEAR, PER PERMIT.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 42-202A, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 42-202A. TEMPORARY APPROVAL -- APPLICATION -- CRITERIA -- EXCEPTIONS. (1)
12 Any person, association or corporation hereafter intending to use the waters
13 of any natural streams, springs or seepage waters, lakes or ground water, or
14 other public waters in the state of Idaho, for a minor use of short duration
15 may make application to the department of water resources for temporary
16 approval.
17 (2) Application for temporary approval shall be upon forms provided by
18 the department of water resources and shall be accompanied by a fifty dollar
19 ($50.00) fee.
20 (3) The director of the department of water resources is not required to
21 publish notice of the application pursuant to the provisions of section
22 42-203A, Idaho Code, and is not required to make findings as provided in sec-
23 tion 42-203A or 42-203C, Idaho Code. The director may, however, give notice of
24 an application as he determines appropriate and may grant a temporary approval
25 upon completion of the application form, payment of the filing fee, a determi-
26 nation by the director that the temporary approval can be properly adminis-
27 tered, a determination that other sources of water are not available, a deter-
28 mination that approval is in the public interest and a determination that the
29 temporary approval will not injure public values associated with the water
30 source or any other water right. If the temporary approval is within a water
31 district, the director shall seek and consider the recommendations of the
32 watermaster before granting a temporary approval. The director may issue a
33 temporary approval with the conditions determined by the director to be neces-
34 sary to protect other water rights and the public interest.
35 (4) The recipient of any temporary approval issued pursuant to the provi-
36 sions of this act shall assume all risk that the diversion and use of the
37 water may injure other water rights, or otherwise not comply with the criteria
38 described in section 42-203A(5), Idaho Code. Any applicant for a temporary
39 approval who is aggrieved by a denial of the director of a temporary approval
40 pursuant to this act may file an application to appropriate water as provided
41 in section 42-202, Idaho Code.
42 (5) A temporary approval shall only be granted for a use not intended to
43 become an established water right and for a use which will not exceed a total
2
1 diverted volume of five (5) acre feet for the duration of the approval, which
2 shall not exceed one (1) year. Approvals issued under the provisions of this
3 section constitute a waiver of the mandatory permit requirements of section
4 42-201(2), Idaho Code, and do not create a continuing right to use water. Tem-
5 porary approvals shall not be issued as an interim water supply for a use
6 which requires a continuing water supply.
7 (6) The provisions of this section do not require a temporary approval
8 before diverting and using water to extinguish or prevent the spread of an
9 existing wildfire on private or public lands, facilities or equipment, includ-
10 ing the use of water by personnel engaged in fighting an existing wildfire.
11 (7) A single annual temporary permit may be issued under the provisions
12 of this chapter to the state of Idaho, or any of its political subdivisions
13 for the exclusive use of water for construction or maintenance of public
14 facilities, regardless of the number of points of diversion, not to exceed one
15 (1) acre foot of water per year, per permit.
STATEMENT OF PURPOSE
RS 14858
This legislation allows for a governmental entity to apply for a single temporary permit for
diversion of water for the exclusive use of road construction and or maintenance. Current law
requires a separate permit for each point of diversion, regardless of the amount of water
extracted.
FISCAL IMPACT
No fiscal impact to the General Fund. The state and the subdivisions will see a savings as they
would only have to apply for a single permit.
CONTACT
Name: Stuart O. Davis
Executive Director, IAHD
Phone: (208) 859-9378
STATEMENT OF PURPOSE/FISCAL NOTE S 1118