2006 Legislation
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HOUSE CONCURRENT RESOLUTION NO. 37 – Clearwater River/N. Fork/streamflow

HOUSE CONCURRENT RESOLUTION NO. 37

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Bill Status



HCR037........................................by RESOURCES AND CONSERVATION
CLEARWATER RIVER - NORTH FORK - Stating findings of the Legislature and
approving an application to appropriate water for minimum streamflow in the
North Fork of the Clearwater 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 - Field(23)
    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 - Burtenshaw
    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. 37
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                               A CONCURRENT RESOLUTION
  2    APPROVING APPLICATION 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 January 13, 2006, the Department of Water  Resources  approved
 13    an  application  by  issuing an Amended Preliminary Order, that became a Final
 14    Order on January 28, 2006, authorizing the appropriation of water for  minimum
 15    streamflows in the North Fork of the Clearwater River as follows:
 16        Identification
 17        Number:             83-11962
 18        Location:           Beginning  at  the  confluence with Kelly Creek in the
 19                            SW1/4SW1/4, Section 18, T39N, R10E,  B.M.,  Clearwater
 20                            County,  and  extending downstream 44.6 river miles to
 21                            the  confluence   with   Beaver   Creek   in   Lot   7
 22                            (NE1/4SE1/4NE1/4), Section 6, T40N, R07E, B.M.
 23        Rate of Flow:       1,349 cfs from January 1 through January 31; 1,838 cfs
 24                            during  the  month  of  February;  2,885  cfs  March 1
 25                            through March 31; 5,863 cfs from April 1 through April
 26                            30; 10,396 cfs from May 1 through May  31;  8,470  cfs
 27                            from  June  1  through  June 30; 2,331 cfs from July 1
 28                            through July 31;  1,128  cfs  from  August  1  through
 29                            August  31; 873 cfs from September 1 through September
 30                            30; 828 cfs from October 1 through October  31;  1,239
 31                            cfs  from  November  1  through November 30; 1,237 cfs
 32                            from December 1 through December 31.
 33        Purpose:            Provides for fish habitat.
 34        Priority Date:      April 1, 2005.
                                                                        
 35        NOW, THEREFORE, BE IT RESOLVED by the members of the Second  Regular  Ses-
 36    sion  of  the Fifty-eighth Idaho Legislature, the House of Representatives and
 37    the Senate concurring therein, that the same is hereby approved subject to the
 38    conditions and limitations contained in the Amended Preliminary  Order  issued
 39    by the Department of Water Resources on January 13, 2006, which became a Final
 40    Order on January 28, 2006.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 15879

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
January 13, 2006 the Idaho Department of Water Resources issued a
Preliminary Order approving a Minimum Streamflow application on
the North Fork of the Clearwater River. The Preliminary Order
became final on January 28, 2006 authorizing the appropriation of
water. The Minimum Streamflow was inadvertently excluded from the
list of Snake River Water Rights Agreement Minimum Streamflows
approved and ratified by the Fifty-eighth Legislature First
Regular Session in 2005. The purpose of the Minimum Streamflow is
to preserve fish, wildlife, scenic and recreational values, and
to protect and enhance water quality.



                           FISCAL NOTE

No impact on the general fund.




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


STATEMENT OF PURPOSE/FISCAL NOTE                        HCR 37