2006 Legislation
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SENATE BILL NO. 1475 – Approp, Water Resources, add’l

SENATE BILL NO. 1475

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Bill Status



S1475............................................................by FINANCE
APPROPRIATIONS - WATER RESOURCES DEPARTMENT - Appropriates an additional
$1,325,000 to the Department of Water Resources for fiscal year 2007 for
Northern Idaho Water Rights Adjudication; authorizes an additional 11
full-time equivalent positions; appropriates an additional $10,000 to the
Supreme Court for Northern Idaho Water Rights Adjudication; provides
legislative intent regarding use of the moneys; and amends existing law to
provide that the State Controller may establish multiple fund details in
the Water Resources Adjudication Fund.
                                                                        
03/27    Senate intro - 1st rdg - to printing
03/28    Rpt prt - to Fin
    Rpt out - rec d/p - to 2nd rdg
03/29    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 31-3-1
      AYES -- Andreason, Bunderson, Burkett(Clark), Burtenshaw, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Goedde,
      Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
      Marley, McGee, McKenzie, Pearce, Richardson, Stegner, Stennett,
      Sweet, Werk, Williams
      NAYS -- Brandt, Broadsword, Schroeder
      Absent and excused -- Geddes
    Floor Sponsor - Keough
    Title apvd - to House
03/30    House intro - 1st rdg - to 2nd rdg
    Rls susp - PASSED - 60-1-9
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon,
      Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp,
      LeFavour, Loertscher, Martinez, Mathews, McKague, Miller, Mitchell,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
      Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Snodgrass,
      Stevenson, Trail, Wills
      NAYS -- Wood
      Absent and excused -- Bedke, Bell, Black, Crow, Field(23), Lake,
      McGeachin, Smylie, Mr. Speaker
    Floor Sponsor - Henderson
    Title apvd - to Senate
03/31    To enrol
04/03    Rpt enrol - Pres signed - Sp signed
04/04    To Governor
04/07    Governor signed
         Session Law Chapter 400
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                  Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1475
                                                                        
                                    BY FINANCE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO APPROPRIATIONS; APPROPRIATING ADDITIONAL MONEYS TO THE  DEPARTMENT
  3        OF  WATER  RESOURCES  FOR  FISCAL  YEAR 2007, TO COMMENCE A NORTHERN IDAHO
  4        WATER RIGHTS ADJUDICATION; AUTHORIZING THE DEPARTMENT OF  WATER  RESOURCES
  5        ADDITIONAL FULL-TIME EQUIVALENT POSITIONS; APPROPRIATING ADDITIONAL MONEYS
  6        TO  THE  SUPREME  COURT FOR FISCAL YEAR 2007; PROVIDING LEGISLATIVE INTENT
  7        WITH REGARD TO THE USE OF THE MONEYS AND UNEXPENDED MONEYS;  AND  AMENDING
  8        SECTION  42-1777,  IDAHO  CODE, TO REVISE PROVISIONS RELATING TO THE WATER
  9        RESOURCES ADJUDICATION ACCOUNT, TO PROVIDE CORRECT TERMINOLOGY AND TO  AU-
 10        THORIZE THE STATE CONTROLLER TO ESTABLISH MULTIPLE FUND DETAILS WITHIN THE
 11        FUND.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  In addition to any other appropriation provided by law, there
 14    is hereby appropriated to the Department of Water  Resources,  to  commence  a
 15    Northern Idaho Water Rights Adjudication, $1,325,000 from the General Fund for
 16    the period July 1, 2006, through June 30, 2007.
                                                                        
 17        SECTION  2.  In  addition  to any other authorization provided by law, the
 18    Department of Water Resources is authorized eleven (11)  full-time  equivalent
 19    positions  during the period July 1, 2006, through June 30, 2007, for the pur-
 20    pose specified in Section 1 of this act.
                                                                        
 21        SECTION 3.  In addition to any other appropriation provided by law,  there
 22    is  hereby appropriated to the Supreme Court, $10,000 from the General Fund to
 23    be used for a Northern Idaho Water Rights Adjudication for the period July  1,
 24    2006, through June 30, 2007.
                                                                        
 25        SECTION  4.  It is legislative intent that all moneys appropriated in this
 26    act be used exclusively to commence a Northern Idaho Water Rights Adjudication
 27    and that all unexpended and unencumbered General Fund moneys remaining at  the
 28    end of fiscal year 2007 be reverted to the General Fund.
                                                                        
 29        SECTION  5.  That  Section 42-1777, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        42-1777.  WATER RESOURCES ADJUDICATION ACCOUNT FUND. (1) A water  resource
 32    adjudication  account  fund  is  hereby  created and established in the agency
 33    asset fund state treasury. The state controller may  establish  multiple  fund
 34    details within the fund to account for fees collected from different adjudica-
 35    tions.  Fee moneys in the account fund are to be utilized by the department of
 36    water resources, upon appropriation by the legislature, to pay  the  costs  of
 37    the  department  attributable  to general water rights adjudications conducted
 38    pursuant to chapter 14, title 42, Idaho Code.
 39        The state treasurer is directed to invest all moneys in the account  fund.
                                                                        
                                       2
                                                                        
  1    All interest or other income accruing from such investment shall accrue to the
  2    account appropriate fund detail.
  3        (2)  Fee moneys in the account fund may also be utilized by the judiciary,
  4    upon  appropriation  by the legislature, to pay for judicial expenses directly
  5    relating to the Snake river each adjudication including, but not  limited  to,
  6    compensation  and  expenses  of special masters appointed by the Idaho supreme
  7    court or by the district court, compensation and expenses of clerical staff of
  8    the district court, and publication, notice and mailing costs incurred by  the
  9    district court.

Statement of Purpose / Fiscal Impact


Statement of Purpose
RS16287

This is a Fiscal Year 2007 trailer appropriation bill to HB545 which authorized a general water rights adjudication for those portions of Northern Idaho that are not included in the Snake River Basin. These are the Coeur d’Alene-Spokane River Basin, the Palouse River Basin, and the Kootenai and Clark Fork-Pend Oreille River Basins. This appropriation is to commence the adjudication of the Coeur d’Alene-Spokane River Basin only. The Idaho Department of Water Resources estimates the total fiscal impact for the adjudication of the Coeur d’Alene-Spokane River Basin to be about $8.1 million over six years and the adjudication of all the northern basins to be about $16.2 million over nine years.

The bill authorizes an additional 11 full-time equivalent positions to the Idaho Department of Water Resources and includes $10,000 for the Supreme Court to pay startup costs for a Coeur d’Alene-Spokane River Basin Adjudication. The legislation includes the amendment of section 42-1777, Idaho Code, to permit the creation of fund details within the Water Resources Adjudication Fund to allow the department to account separately for fees collected for each adjudication.

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Fiscal Note

This Fiscal Year 2007 trailer bill appropriates $1,335,000 lump-sum from the General Fund to begin a Northern Idaho water rights adjudication as follows: $1,325,000 and 11 additional full-time equivalent positions to the Idaho Department of Water Resources and $10,000 to the Idaho Supreme Court. The bill includes legislative intent that all moneys appropriated in this act be used exclusively for a Northern Idaho Water Rights Adjudication and that at end of fiscal year 2007, all unexpended and unencumbered general fund moneys be reverted to the General Fund. Realize however, the appropriation is ongoing and will be built into the base budgets of the Department of Water Resources and the Supreme Court for fiscal year 2008.

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Contact: Ray Houston 334-4741

Legislative Services Office, Budget & Policy Analysis

Statement of Purpose/Fiscal Note Bill No. S1475