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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
]]]] 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
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