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H0154.........................................by RESOURCES AND CONSERVATION
MINIMUM STREAM FLOW - Adds to existing law relating to minimum stream flow
water rights; to provide for the establishment of certain minimum stream
flow water rights; to authorize the Water Resource Board to hold the
minimum stream flow water rights in trust and to file claims for the rights
in the Snake River Basin Adjudication; to provide a priority date; to
provide for subordination to specified uses; to waive certain filing fees;
to provide that certain minimum stream flow water rights may be satisfied
and maintained through designated methods; to provide for certain notice
and consultation in the event the state decides to change any minimum
stream flow water right; to clarify the authority of the state; and to
provide a contingency on effectiveness.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Res/Con
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 54-14-2
AYES -- Anderson, Andrus, Barraclough, Bastian, Bedke, Bell, Bilbao,
Black, Block, Boe, Bolz, Cannon, Chadderdon, Clark, Collins, Crow,
Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
Garrett, Henbest, Henderson, Jaquet, Jones, Kemp, LeFavour, Martinez,
Mathews, Miller, Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence,
Raybould, Ring, Ringo, Rusche, Rydalch, Sayler, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr.
Speaker
NAYS -- Barrett, Bayer, Bradford, Hart, Harwood, McGeachin, McKague,
Moyle, Roberts, Sali, Schaefer, Shepherd(2), Shepherd(8), Wood
Absent and excused -- Lake, Loertscher
Floor Sponsors - Stevenson & Raybould
Title apvd - to Senate
03/03 Senate intro - 1st rdg - to St Aff
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 29-5-0, 1 vacancy
AYES -- Andreason, Bunderson, Burkett, Burtenshaw, Cameron, Coiner,
Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley,
McGee, Richardson, Schroeder, Stegner, Stennett, Werk, Williams
NAYS -- Brandt, Broadsword, McKenzie, Pearce, Sweet
Absent and excused -- (District 21 seat vacant)
Floor Sponsors - Burtenshaw & Stennett
Title apvd - to House
03/17 To enrol
03/18 Rpt enrol - Sp signed
03/21 Pres signed
03/22 To Governor
03/24 Governor signed
Session Law Chapter 150
Effective: Gov Proclamation certifying all
conditions of Snake River Water Rights
Agreement of 2004 have been satisfied
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 154
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO MINIMUM STREAM FLOW WATER RIGHTS; AMENDING CHAPTER 15, TITLE 42,
3 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 42-1507, IDAHO CODE, TO PRO-
4 VIDE FOR THE ESTABLISHMENT OF CERTAIN MINIMUM STREAM FLOW WATER RIGHTS, TO
5 AUTHORIZE THE WATER RESOURCE BOARD TO HOLD THE MINIMUM STREAM FLOW WATER
6 RIGHTS IN TRUST AND TO FILE CLAIMS FOR THE RIGHTS IN THE SNAKE RIVER BASIN
7 ADJUDICATION, TO PROVIDE A PRIORITY DATE, TO PROVIDE FOR SUBORDINATION TO
8 SPECIFIED USES, TO WAIVE CERTAIN FILING FEES, TO PROVIDE THAT CERTAIN MIN-
9 IMUM STREAM FLOW WATER RIGHTS MAY BE SATISFIED AND MAINTAINED THROUGH DES-
10 IGNATED METHODS, TO PROVIDE FOR CERTAIN NOTICE AND CONSULTATION IN THE
11 EVENT THE STATE DECIDES TO CHANGE ANY MINIMUM STREAM FLOW WATER RIGHT, TO
12 CLARIFY THE AUTHORITY OF THE STATE IN RELATION TO THE MINIMUM STREAM FLOW
13 WATER RIGHTS AND TO PROVIDE A CONTINGENCY ON EFFECTIVENESS; AND DECLARING
14 AN EMERGENCY.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Chapter 15, Title 42, Idaho Code, be, and the same is
17 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
18 ignated as Section 42-1507, Idaho Code, and to read as follows:
19 42-1507. SNAKE RIVER WATER RIGHTS AGREEMENT MINIMUM STREAM FLOW WATER
20 RIGHTS ESTABLISHED. (1) The legislature hereby establishes minimum stream flow
21 water rights for the stream reaches identified by resolution of the Idaho
22 water resource board, adopted February 8, 2005. The elements of the minimum
23 stream flow water rights established by this section are as defined by the
24 board's resolution and the attachments thereto. The board shall hold the mini-
25 mum stream flow water rights in trust for the people of the state of Idaho,
26 and the board shall file claims for the rights in the Snake river basin adju-
27 dication. These minimum stream flow water rights shall have a priority date as
28 of April 1, 2005, and shall be subordinated to future domestic, commercial,
29 municipal, and industrial water uses and such other future uses as described
30 in the December 17, 2004, resolution of the Idaho water resource board provid-
31 ing approval of the Snake River Water Rights Agreement of 2004 ("Mediator's
32 Term Sheet" dated April 20, 2004, and submitted on that date to the SRBA Court
33 in SRBA Consolidated Subcase 03-10022 and SRBA Consolidated Subcase 67-13701,
34 with all appendices to the document), as approved, ratified, and confirmed by
35 the 108th Congress of the United States in the "Snake River Water Rights Act
36 of 2004," Pub. L. No. 108-447 (H.R. 4818), 118 Stat. 3431 to 3441 (December 8,
37 2004).
38 (2) No fee shall be required in connection with the filing of claims in
39 the Snake river basin adjudication for the minimum stream flow water rights
40 established by this section.
41 (3) Any minimum stream flow water rights established by this section that
42 are not capable of being maintained may be satisfied and maintained through
43 operation of the water supply bank authorized by sections 42-1761 through
2
1 42-1765, Idaho Code, inclusive, and other available methods consistent with
2 Idaho law.
3 (4) In the event the state decides to change any minimum stream flow
4 water rights created by this section, it will provide notice of such change
5 and consult with the Nez Perce tribe on a government-to-government basis as
6 provided in the Snake River Water Rights Agreement of 2004. Provided however,
7 nothing herein or in the Snake River Water Rights Agreement of 2004 shall be
8 construed or interpreted to abridge, impair or limit the authority of the
9 state of Idaho to create, modify or terminate any minimum stream flow water
10 right established by this section.
11 (5) This section shall not become effective until the governor issues a
12 proclamation certifying that all conditions for the effectiveness of the Snake
13 River Water Rights Agreement of 2004 have been satisfied.
14 SECTION 2. An emergency existing therefor, which emergency is hereby
15 declared to exist, this act shall be in full force and effect on and after its
16 passage and approval.
STATEMENT OF PURPOSE
RS 14927C1
Passage of this legislation will establish the Snake River Water
Rights Agreement minimum stream flow water rights adopted by the
Idaho Water Resource Board. The Board shall hold the minimum
stream flow rights in trust for the people of the State of Idaho.
FISCAL NOTE
The proposed legislation provides a waiver from fees required to
file claims in the Snake River Basin adjudication for minimum
stream flows. Enactment of this legislation will have no effect
upon the state's general fund or other state or local funds.
Contact
Names:
Representative Bruce Newcomb Senator Bob Geddes
Representative John Stevenson Senator Don Burtenshaw
Representative Dell Raybould Senator Gary Schroeder
Representative Scott Bedke Senator Stan Williams
Representative Wendy Jaquet Senator Clint Stennett
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 154