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H0737aa....................................................by STATE AFFAIRS
GROUND WATER RIGHTS - EASTERN SNAKE RIVER - Amends existing law relating to
the administration of ground water rights within the Eastern Snake River
Plain; to strike a date; to provide for notice by the Director of the
Department of Water Resources to the holders of certain junior ground water
rights relating to joining and participating in ground water districts for
mitigation purposes; and to authorize the Director to take certain action
in the event any of the junior priority ground water right holders elect
not to join ground water districts or do not have approved mitigation
plans.
02/24 House intro - 1st rdg - to printing
02/27 Rpt prt - to Res/Con
03/14 Rpt out - to Gen Ord
03/17 Rpt out amen - to engros
03/20 Rpt engros - 1st rdg - to 2nd rdg as amen
03/21 Rls susp - PASSED - 70-0-0
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson,
Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood,
Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher,
Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle,
Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- None
Floor Sponsor - Stevenson
Title apvd - to Senate
03/22 Senate intro - 1st rdg - to Res/Env
03/28 Rpt out - rec d/p - to 2nd rdg
03/29 2nd rdg - to 3rd rdg
03/30 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Brandt, Broadsword, Burkett, Burtenshaw, Cameron,
Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner,
Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Bunderson, Hill
Floor Sponsor - Burtenshaw
Title apvd - to House
03/31 To enrol
04/03 Rpt enrol - Sp signed - Pres signed
04/04 To Governor
04/07 Governor signed
Session Law Chapter 356
Effective: 04/07/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 737
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE ADMINISTRATION OF GROUND WATER RIGHTS WITHIN THE EASTERN SNAKE
3 RIVER PLAIN; AMENDING SECTION 3, CHAPTER 352, LAWS OF 2004, TO STRIKE A
4 DATE, TO PROVIDE FOR NOTICE BY THE DIRECTOR OF THE DEPARTMENT OF WATER
5 RESOURCES TO HOLDERS OF CERTAIN JUNIOR GROUND WATER RIGHTS RELATING TO
6 JOINING AND PARTICIPATING IN GROUND WATER DISTRICTS FOR MITIGATION PUR-
7 POSES AND TO AUTHORIZE THE DIRECTOR TO TAKE CERTAIN ACTION IN THE EVENT
8 ANY OF THE JUNIOR PRIORITY GROUND WATER RIGHT HOLDERS ELECT NOT TO JOIN
9 GROUND WATER DISTRICTS OR DO NOT HAVE APPROVED MITIGATION OR REPLACEMENT
10 WATER PLANS; AND DECLARING AN EMERGENCY.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 3, Chapter 352, Laws of 2004, is hereby amended
13 to read as follows:
14 SECTION 3. It is the intent of the Legislature to ensure that the burden
15 of providing mitigation for junior ground water diversions from the Eastern
16 Snake River Plain Aquifer causing material injury to senior priority water
17 rights is equitably shared by the holders of all such junior ground water
18 rights subject to administration within water districts created pursuant to
19 Chapter 6, Title 42, Idaho Code. It is, therefore, hereby provided that begin-
20 ning April 1, 2004, all holders of such ground water rights not otherwise cov-
21 ered by a mitigation plan and that are not members or applicants for member-
22 ship of a ground water district created pursuant to Chapter 52, Title 42,
23 Idaho Code, with a mitigation plan approved by the Director of the Department
24 of Water Resources, shall be deemed a nonmember participant solely for mitiga-
25 tion purposes and shall be required to pay for mitigation, pursuant to Section
26 42-5259, Idaho Code given notice by the Director of the Department of Water
27 Resources that such holder shall have fifteen (15) days to join, solely for
28 mitigation purposes, in the ground water district situated nearest the lands
29 to which the water right is appurtenant, as determined by the Director of the
30 Department of Water Resources in case of dispute, and participate in the dis-
31 trict pursuant to Section 42-5259, Idaho Code. If any holder of such a junior
32 priority ground water right elects not to join the ground water district or
33 does not have an approved mitigation or replacement water plan, the Director
34 of the Department of Water Resources may proceed with any appropriate remedy
35 or take any other action within his authority that he deems appropriate.
36 SECTION 2. An emergency existing therefor, which emergency is hereby
37 declared to exist, this act shall be in full force and effect on and after its
38 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Stevenson
Seconded by Moyle
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 737
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 33, delete "or replacement water".
3 CORRECTION TO TITLE
4 On page 1, in line 9, delete "OR REPLACEMENT"; and in line 10, delete
5 "WATER".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 737, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE ADMINISTRATION OF GROUND WATER RIGHTS WITHIN THE EASTERN SNAKE
3 RIVER PLAIN; AMENDING SECTION 3, CHAPTER 352, LAWS OF 2004, TO STRIKE A
4 DATE, TO PROVIDE FOR NOTICE BY THE DIRECTOR OF THE DEPARTMENT OF WATER
5 RESOURCES TO HOLDERS OF CERTAIN JUNIOR GROUND WATER RIGHTS RELATING TO
6 JOINING AND PARTICIPATING IN GROUND WATER DISTRICTS FOR MITIGATION PUR-
7 POSES AND TO AUTHORIZE THE DIRECTOR TO TAKE CERTAIN ACTION IN THE EVENT
8 ANY OF THE JUNIOR PRIORITY GROUND WATER RIGHT HOLDERS ELECT NOT TO JOIN
9 GROUND WATER DISTRICTS OR DO NOT HAVE APPROVED MITIGATION PLANS; AND
10 DECLARING AN EMERGENCY.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 3, Chapter 352, Laws of 2004, is hereby amended
13 to read as follows:
14 SECTION 3. It is the intent of the Legislature to ensure that the burden
15 of providing mitigation for junior ground water diversions from the Eastern
16 Snake River Plain Aquifer causing material injury to senior priority water
17 rights is equitably shared by the holders of all such junior ground water
18 rights subject to administration within water districts created pursuant to
19 Chapter 6, Title 42, Idaho Code. It is, therefore, hereby provided that begin-
20 ning April 1, 2004, all holders of such ground water rights not otherwise cov-
21 ered by a mitigation plan and that are not members or applicants for member-
22 ship of a ground water district created pursuant to Chapter 52, Title 42,
23 Idaho Code, with a mitigation plan approved by the Director of the Department
24 of Water Resources, shall be deemed a nonmember participant solely for mitiga-
25 tion purposes and shall be required to pay for mitigation, pursuant to Section
26 42-5259, Idaho Code given notice by the Director of the Department of Water
27 Resources that such holder shall have fifteen (15) days to join, solely for
28 mitigation purposes, in the ground water district situated nearest the lands
29 to which the water right is appurtenant, as determined by the Director of the
30 Department of Water Resources in case of dispute, and participate in the dis-
31 trict pursuant to Section 42-5259, Idaho Code. If any holder of such a junior
32 priority ground water right elects not to join the ground water district or
33 does not have an approved mitigation plan, the Director of the Department of
34 Water Resources may proceed with any appropriate remedy or take any other
35 action within his authority that he deems appropriate.
36 SECTION 2. An emergency existing therefor, which emergency is hereby
37 declared to exist, this act shall be in full force and effect on and after its
38 passage and approval.
STATEMENT OF PURPOSE
RS 16109
This legislation amends existing law relating to when the holders
of certain ground water rights shall be deemed nonmember
participants solely for mitigation purposes in a ground water
district pursuant to the provisions of Section 42-5259, Idaho
Code; to provide that the holder of such a ground water right
shall be provided reasonable notice and the opportunity to join a
ground water district solely for mitigation purposes; and to
provide that the Director of the Department of Water Resources
has the right to proceed with any appropriate action or remedy
against such ground water right if the holder of such water right
elects not to join a ground water district and does not have an
approved mitigation alternative.
FISCAL NOTE
There is no fiscal impact to any state agency.
Contact
Name: Representative John A. Stevenson
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 737