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H0792.....................................................by WAYS AND MEANS COAL FIRED POWER PLANTS - WATER USE - LEGISLATIVE APPROVAL - Amends existing law to require legislative approval, until July 1, 2008, of any water right or combination of water rights with a diversion rate equal to or greater than two cfs or for a storage volume equal to or greater than one thousand four hundred fifty acre-feet, if the use of such right is in conjunction with the coal fired generation of electricity other than integrated gasification combined cycle technology where coal is not burned but rather is oxidized as a power source, thereby reducing the environmental impact on the public water resource. 03/09 House intro - 1st rdg - to printing 03/10 Rpt prt - to Res/Con
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 792 BY WAYS AND MEANS 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 A TIME CERTAIN FOR ANY 5 PERMANENT OR TEMPORARY CHANGE IN POINT OF DIVERSION, PERIOD OF USE, OR 6 NATURE OF USE FOR ANY WATER RIGHT OR COMBINATION OF WATER RIGHTS WITH A 7 DIVERSION RATE EQUAL TO OR GREATER THAN TWO CFS OR FOR A STORAGE VOLUME 8 EQUAL TO OR GREATER THAN ONE THOUSAND FOUR HUNDRED FIFTY ACRE-FEET IF THE 9 USE OF SUCH RIGHT(S) IS IN CONJUNCTION WITH THE COAL FIRED GENERATION OF 10 ELECTRICITY, WITH AN EXCEPTION; AND DECLARING AN EMERGENCY. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 42-108, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 42-108. CHANGE IN POINT OF DIVERSION, PLACE OF USE, PERIOD OF USE, OR 15 NATURE OF USE -- APPLICATION OF ACT. The person entitled to the use of water 16 or owning any land to which water has been made appurtenant either by a decree 17 of the court or under the provisions of the constitution and statutes of this 18 state, may change the point of diversion, period of use, or nature of use, 19 and/or may voluntarily abandon the use of such water in whole or in part on 20 the land which is receiving the benefit of the same and transfer the same to 21 other lands, if the water rights of others are not injured by such change in 22 point of diversion, place of use, period of use, or nature of use, provided; 23 if the right to the use of such water, or the use of the diversion works or 24 irrigation system is represented by shares of stock in a corporation or if 25 such works or system is owned and/or managed by an irrigation district, no 26 change in the point of diversion, place of use, period of use, or nature of 27 use of such water shall be made or allowed without the consent of such corpo- 28 ration or irrigation district. Any permanent or temporary change in period or 29 nature of use in or out-of-state for a quantity greater than fifty (50) cfs or 30 for a storage volume greater than five thousand (5,000) acre-feet shall 31 require the approval of the legislature, except that any temporary change 32 within the state of Idaho for a period of less than three (3) years may be 33 approved by the director without legislative approval; provided however, that, 34 notwithstanding the foregoing, on and after the effective date of this act and 35 until July 1, 2008, any water right or combination of water rights with a 36 diversion rate equal to or greater than two (2) cfs or for a storage volume 37 equal to or greater than one thousand four hundred fifty (1,450) acre-feet 38 shall require approval of the legislature if the use of such right(s) is in 39 conjunction with the coal fired generation of electricity other than inte- 40 grated gasification combined cycle technology where coal is not burned but 41 rather is oxidized as a power source, thereby reducing the environmental 42 impact on the public water resource. 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 16227 This legislation amends Idaho Code Section 42-108 to require legislative approval until July 1, 2008, of any change in point of diversion 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 has no fiscal impact on the state general fund or any local government funds. Contact Name: Rep. Bruce Newcomb, Speaker Rep. Wendy Jaquet Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 792