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SCR136.....................................................by STATE AFFAIRS
AQUIFER MANAGEMENT PLAN - Stating findings of the Legislature and
requesting the Idaho Water Resource Board to prepare and submit a
comprehensive aquifer management plant for the Eastern Snake River Plain
for legislative review and approval.
03/31 Senate intro - 1st rdg - to printing
04/03 Rpt prt - to 10th Ord
Rls susp - ADOPTED - 33-0-2
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Gannon, Stegner
Floor Sponsor - Davis
Title apvd - to House
04/04 House intro - 1st rdg - to 2nd rdg
04/05 2nd rdg - to 3rd rdg
Rls susp - ADOPTED - voice vote
Floor Sponsor - Raybould
Title apvd - to Senate
04/05 To enrol
04/06 Rpt enrol - Pres signed - Sp signed
04/07 To Secretary of State
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE CONCURRENT RESOLUTION NO. 136
BY STATE AFFAIRS COMMITTEE
1 A CONCURRENT RESOLUTION
2 STATING LEGISLATIVE FINDINGS AND REQUESTING THE IDAHO WATER RESOURCE BOARD TO
3 PREPARE AND SUBMIT A COMPREHENSIVE AQUIFER MANAGEMENT PLAN FOR THE EASTERN
4 SNAKE RIVER PLAIN AQUIFER FOR LEGISLATIVE REVIEW AND APPROVAL.
5 Be It Resolved by the Legislature of the State of Idaho:
6 WHEREAS, the extended drought, changes in irrigation practices and ground
7 water pumping have resulted in reduced spring discharges and reach gains from
8 the Eastern Snake River Plain Aquifer and areas of declining aquifer levels;
9 and
10 WHEREAS, declining aquifer levels have resulted in insufficient water sup-
11 plies to satisfy existing beneficial uses; and
12 WHEREAS, declining aquifer levels have lead to conflicts between holders
13 of water rights diverting from surface and ground water; and
14 WHEREAS, the conflict between water users poses a significant threat to
15 the state's economy; and
16 WHEREAS, the welfare of the people of the state of Idaho is dependent upon
17 the management of the Eastern Snake River Plain Aquifer in accordance with
18 state law; and
19 WHEREAS, the Idaho Legislature has enacted legislation to create water
20 measurement districts for gathering and reporting of water diversion data; and
21 WHEREAS, the Idaho Legislature has enacted legislation authorizing the
22 creation of ground water districts for the purpose of implementing mitigation
23 plans; and
24 WHEREAS, the Idaho Department of Water Resources has expanded and created
25 new water districts for water sources hydraulically connected to the Eastern
26 Snake River Plain Aquifer for the purpose of conjunctively administering all
27 surface and ground water rights diverting from the interconnected sources; and
28 WHEREAS, the Idaho Legislature provided funding to facilitate implementa-
29 tion of water supply projects through the Idaho Department of Commerce and to
30 ground water users for implementation of the Sandy Pipeline Project in 2004;
31 and
32 WHEREAS, the Idaho Legislature's Natural Resource Interim Committee in
33 2004 and 2005 sought resolution of the Eastern Snake River Plain Aquifer water
34 supply conflicts and has provided support for voluntary mediation between
35 affected parties; and
36 WHEREAS, Section 42-1734, Idaho Code, provides authority to the Idaho
37 Water Resource Board to cooperate in water studies, planning and research; and
38 WHEREAS, the Idaho Water Resource Board prepared an inventory of data and
39 information as part of the Board's comprehensive basin planning study of the
40 Eastern Snake River Plain Aquifer and tributary basins entitled the "Resource
41 Inventory Upper Snake River Basin," in 1998, which provides information for
42 the development of a comprehensive aquifer management plan; and
43 WHEREAS, the state of Idaho has taken initial steps to address the Eastern
44 Snake River Plain water supply conflict through funding and development of,
2
1 among other things, a Conservation Reserve Enhancement Program; and
2 WHEREAS, the Idaho Legislature enacted Section 42-620, Idaho Code, in
3 2005, to provide for funding necessary to support and to expand the Eastern
4 Snake River Plain monitoring and data gathering activities of the Idaho
5 Department of Water Resources; and
6 WHEREAS, certain holders of surface and ground water rights have been
7 engaged in good faith negotiations to develop a potential framework for reso-
8 lution of the Eastern Snake River Plain surface/ground water rights conflict;
9 and
10 WHEREAS, the Idaho Legislature is determined to facilitate and encourage a
11 resolution of the surface/ground water rights conflict that respects existing
12 water rights.
13 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses-
14 sion of the Fifty-eighth Idaho Legislature, the Senate and the House of Repre-
15 sentatives concurring therein, that we request that the Idaho Water Resource
16 Board expeditiously pursue, with support from the Idaho Department of Water
17 Resources, development of a comprehensive aquifer management plan for the
18 Eastern Snake River Plain Aquifer for submission to and approval by the Idaho
19 Legislature.
20 BE IT FURTHER RESOLVED that the Idaho Water Resource Board receive public
21 input regarding the development of goals, objectives and methods for manage-
22 ment of the Eastern Snake River Plain Aquifer from affected water right hold-
23 ers, cities and counties, the general public and relevant state and federal
24 agencies; and
25 BE IT FURTHER RESOLVED that the Idaho Water Resource Board is requested to
26 report to the First Regular Session of the Fifty-ninth Idaho Legislature on
27 the status of the development of the comprehensive Eastern Snake River Plain
28 Aquifer management plan. The report should set forth a framework for the plan,
29 including appropriate interim goals and objectives in accordance with state
30 law, a method to fund implementation of the plan and a time schedule for
31 finalization of the plan.
STATEMENT OF PURPOSE
RS 16310C1
The primary parties who are in dispute over the use of surface and
groundwater hydraulically connected to the Snake Plain Aquifer
system have been negotiating to settle their differences outside of
litigation. These parties are negotiating a framework for that
settlement that makes it critical that the State of Idaho Water
Resource Board establish public policy with regard to future
management of the aquifer system, under state water law. This
Senate Concurrent Resolution directs the IWRB to begin that plan of
development under their water planning authority, and to report
it's progress to the next session of the Idaho Legislature.
Adoption of the resolution, and direction to the IWRB is critical
to the continued progress to settle the dispute outside of
litigation and is in the public interest.
FISCAL NOTE
There is no fiscal impact anticipated beyond FY2007 appropriated
funds.
Contact
Name: Senator Bart M. Davis
Phone: 332-1305
STATEMENT OF PURPOSE/FISCAL NOTE SCR 136