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H0721.........................................by RESOURCES AND CONSERVATION
POWER PLANTS - WATER RIGHTS - Amends existing law to provide that
legislative approval shall be required for any permanent or temporary
change in point of diversion, period of use, or nature of use for any water
right or combination of water rights with a diversion rate equal to or
greater than two cfs or for a storage volume of one thousand four hundred
fifty acre-feet if the use of such right is in conjunction with the coal
fired generation of electricity, with an exception, or fifty cfs or for a
storage volume greater than five thousand acre-feet for any other use
except that any temporary change within the state of Idaho for a period of
less than three years may be approved by the director without legislative
approval.
02/22 House intro - 1st rdg - to printing
02/23 Rpt prt - to Res/Con
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 721
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO CHANGE IN POINT OF DIVERSION, PLACE OF USE, PERIOD OF USE OR
3 NATURE OF USE OF WATER; AMENDING SECTION 42-108, IDAHO CODE, TO PROVIDE
4 THAT LEGISLATIVE APPROVAL SHALL BE REQUIRED FOR ANY PERMANENT OR TEMPORARY
5 CHANGE IN POINT OF DIVERSION, PERIOD OF USE, OR NATURE OF USE FOR ANY
6 WATER RIGHT OR COMBINATION OF WATER RIGHTS WITH A DIVERSION RATE EQUAL TO
7 OR GREATER THAN TWO CFS OR FOR A STORAGE VOLUME OF ONE THOUSAND FOUR HUN-
8 DRED FIFTY ACRE-FEET IF THE USE OF SUCH RIGHT(S) IS IN CONJUNCTION WITH
9 THE COAL FIRED GENERATION OF ELECTRICITY WITH AN EXCEPTION, OR FIFTY CFS
10 OR FOR A STORAGE VOLUME GREATER THAN FIVE THOUSAND ACRE-FEET FOR ANY OTHER
11 USE, EXCEPT THAT ANY TEMPORARY CHANGE WITHIN THE STATE OF IDAHO FOR A
12 PERIOD OF LESS THAN THREE YEARS MAY BE APPROVED BY THE DIRECTOR WITHOUT
13 LEGISLATIVE APPROVAL; AND DECLARING AN EMERGENCY.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 42-108, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 42-108. CHANGE IN POINT OF DIVERSION, PLACE OF USE, PERIOD OF USE, OR
18 NATURE OF USE -- APPLICATION OF ACT. The person entitled to the use of water
19 or owning any land to which water has been made appurtenant either by a decree
20 of the court or under the provisions of the constitution and statutes of this
21 state, may change the point of diversion, period of use, or nature of use,
22 and/or may voluntarily abandon the use of such water in whole or in part on
23 the land which is receiving the benefit of the same and transfer the same to
24 other lands, if the water rights of others are not injured by such change in
25 point of diversion, place of use, period of use, or nature of use, provided;
26 if the right to the use of such water, or the use of the diversion works or
27 irrigation system is represented by shares of stock in a corporation or if
28 such works or system is owned and/or managed by an irrigation district, no
29 change in the point of diversion, place of use, period of use, or nature of
30 use of such water shall be made or allowed without the consent of such corpo-
31 ration or irrigation district. Legislative approval shall be required for aAny
32 permanent or temporary change in point of diversion, period of use, or nature
33 of use in or out-of-state for a quantity any water right or combination of
34 water rights: (i) with a diversion rate equal to or greater than two (2) cfs
35 or for a storage volume of one thousand four hundred fifty (1,450) acre-feet
36 if the use of such right(s) is in conjunction with the coal fired generation
37 of electricity other than integrated gasification combined cycle technology
38 where coal is not burned but oxidized as a power source; or (ii) fifty (50)
39 cfs or for a storage volume greater than five thousand (5,000) acre-feet shall
40 require the approval of the legislature for any other use, except that any
41 temporary change within the state of Idaho for a period of less than three (3)
42 years may be approved by the director without legislative approval.
43 Any person desiring to make such change of point of diversion, place of
2
1 use, period of use, or nature of use of water shall make application for
2 change with the department of water resources under the provisions of section
3 42-222, Idaho Code. After the effective date of this act, no person shall be
4 authorized to change the period of use or nature of use, point of diversion or
5 place of use of water unless he has first applied for and received approval of
6 the department of water resources under the provisions of section 42-222,
7 Idaho Code.
8 SECTION 2. An emergency existing therefor, which emergency is hereby
9 declared to exist, this act shall be in full force and effect on and after its
10 passage and approval.
STATEMENT OF PURPOSE
RS 16102
This legislation amends Idaho Code Section 42-108 to require
legislative approval of any permanent or temporary change in
point of diversion, period of use, or nature of use of any water
right or combination of water rights with a diversion rate equal
to or greater than two (2) cfs or storage volume of 1450 acre-
feet if use of such right(s) is in conjunction with the coal-
fired generation of electricity other than integrated
gasification combined cycle technology where coal is not burned
but oxidized as a power source. This bill ensures that the
legislature will have an opportunity to evaluate the effect of
such coal-fired generation on the water resources of the State of
Idaho.
FISCAL NOTE
This legislation imposes no fiscal burden on any agency or unit
of government.
Contact
Name: Rep. Bruce Newcomb, Speaker of the House of Representatives
Phone: (208)332-1000
Representative Sharon Block
STATEMENT OF PURPOSE/FISCAL NOTE H 721