2006 Legislation
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HOUSE CONCURRENT RESOLUTION NO. 36 – Niagara Springs Creek, streamflow

HOUSE CONCURRENT RESOLUTION NO. 36

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Bill Status



HCR036........................................by RESOURCES AND CONSERVATION
NIAGARA SPRINGS CREEK - Stating findings of the Legislature and approving
applications to appropriate water for minimum streamflows in Niagara
Springs Creek, tributary to the Snake River and in Niagara Springs and its
creeks tributary to the Snake River.
                                                                        
02/10    House intro - 1st rdg - to printing
02/13    Rpt prt - to Res/Con
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/27    3rd rdg - ADOPTED - voice vote
    Floor Sponsor - Jaquet
    Title apvd - to Senate
02/28    Senate intro - 1st rdg - to Res/Env
03/14    Rpt out - rec d/p - to 10th Ord
03/15    10th Ord - ADOPTED - voice vote
    Floor Sponsor - Stennett
    Title apvd - to House
03/16    To enrol
03/17    Rpt enrol - Sp signed
03/20    Pres signed
03/21    To Secretary of State

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                             HOUSE CONCURRENT RESOLUTION NO. 36
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                               A CONCURRENT RESOLUTION
  2         APPROVING APPLICATIONS TO APPROPRIATE WATER FOR MINIMUM STREAMFLOW.
                                                                        
  3    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
  4        WHEREAS, the Idaho Water Resource Board may apply for a permit  to  appro-
  5    priate  unappropriated waters of any stream to establish a minimum streamflow;
  6    and
  7        WHEREAS, under the provisions of Section 42-1503, Idaho Code, an  approved
  8    application  shall not become finally effective until affirmatively acted upon
  9    by the Legislature, except that if the Legislature fails to act prior  to  the
 10    end  of the regular session to which the application was submitted, the appli-
 11    cation shall be considered approved; and
 12        WHEREAS, on November 1, 2004, the Department of Water  Resources  approved
 13    two applications by issuing a Preliminary Order, which became a Final Order on
 14    February  14,  2005,  authorizing  the  appropriation  of  water  for  minimum
 15    streamflows in Niagara Springs Creek, tributary to the Snake River and Niagara
 16    Springs and its creeks tributary to the Snake River as follows:
 17        Identification
 18        Number:                   36-8347
 19        Location: Subreach A:    Beginning at the third (last) Idaho Power Company
 20                                 diversion, located in Lot 1 (NE1/4NE1/4), Section
 21                                 10,  Township  9  South,  Range  15  East, Boise-
 22                                 Meridian, Gooding  County,  and  extending  down-
 23                                 stream  approximately  one-eighth (1/8) of a mile
 24                                 to a point in Lot 11  (SW1/4NW1/4),  Section  11,
 25                                 Township  9 South, Range 15 East, Boise-Meridian,
 26                                 Gooding County, where the outflow  stream  widens
 27                                 into  the Niagara Springs Estuary. The downstream
 28                                 terminus of Subreach A is  approximately  located
 29                                 at the outflow of the Idaho Power Fish Hatchery.
 30        Rate of Flow
 31        for Subreach A:           45 cubic feet per second ("cfs") year-round.
                                                                        
 32        Location: Subreach B:    Beginning  at  a  point where the Niagara Springs
 33                                 outflow stream widens into an estuary located  in
 34                                 Lot  11  (SW1/4NW1/4),  Section  11,  Township  9
 35                                 South,  Range  15  East,  Boise-Meridian, Gooding
 36                                 County (at the approximate location of the outlet
 37                                 of the Idaho Power Fish Hatchery), and  extending
 38                                 downstream  to  the  confluence  of  the  Niagara
 39                                 Springs  Estuary and the Snake River, all located
 40                                 within Lot 11,  Section  11,  Township  9  South,
 41                                 Range 15 East, Boise-Meridian, Gooding County.
 42        Rate of Flow
 43        for Subreach B:          110 cubic feet per second ("cfs") year-round.
                                                                        
                                           2
                                                                        
  1        Purpose:                 Recreation, aesthetics, fish and wildlife.
  2        Priority Date:           January 29, 1988.
                                                                        
  3        Identification
  4        Number:                  36-8670
  5        Location:                Beginning  at the head of Niagara Springs located
  6                                 in Lot 1 (NE1/4NE1/4),  Section  10,  Township  9
  7                                 South,  Range  15  East,  and Lot 3 (NW1/4NW1/4),
  8                                 Section 11, Township  9  South,  Range  15  East,
  9                                 Boise-Meridian,  Gooding  County,  and continuing
 10                                 downstream to  the  Rim  View  Diversion  located
 11                                 within Lot 1 (NE1/4NE1/4), Section 10, Township 9
 12                                 South,  Range  15  East,  Boise-Meridian, Gooding
 13                                 County.
 14        Rate of Flow             264 cubic feet per second ("cfs") year-round.
 15        Purpose:                 Aesthetics and recreation.
 16        Priority Date:           March 24, 1992.
 17
 18        NOW, THEREFORE, BE IT RESOLVED by the members of the Second  Regular  Ses-
 19    sion  of  the Fifty-eighth Idaho Legislature, the House of Representatives and
 20    the Senate concurring therein, that the same is hereby approved subject to the
 21    conditions and limitations contained in the Preliminary Order  issued  by  the
 22    Department  of Water Resources on November 1, 2004, which became a Final Order
 23    on February 14, 2005.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 15878

The purpose of this legislation is to adopt a Concurrent
Resolution approving an application to appropriate water for
Minimum Streamflow. Provisions of Section 42-1503 establish that
an approved Minimum Streamflow application shall not become
finally effective until affirmatively acted upon by the
legislature, except that if the legislature fails to act prior to
the end of the regular session to which the application was
submitted, the application shall be considered approved. On
November 1, 2004 the Idaho Department of Water Resources issued a
Preliminary Order approving two Minimum Streamflow applications
on Niagara Springs Creek. The preliminary Order became final on
February 14, 2005 authorizing the appropriation of water. The
Minimum Streamflow was requested by the Idaho Departments of Park
and Recreation and Fish and Game for the purposes of preserving
aesthetic beauty and to provide recreation, fish and wildlife
values.


                           FISCAL NOTE


No impact to the general fund.





Contact
Name: Hal Anderson, Water Resources, Dept of 
Phone: (208) 287-4800


STATEMENT OF PURPOSE/FISCAL NOTE                        HCR 36