2006 Legislation
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HOUSE BILL NO. 792 – Water use/legislative approvl/when

HOUSE BILL NO. 792

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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 / Fiscal Impact



                       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