2006 Legislation
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HOUSE BILL NO. 636 – Clearwater River/minimum streamflow

HOUSE BILL NO. 636

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Bill Status



H0636.........................................by RESOURCES AND CONSERVATION
CLEARWATER RIVER - Adds to existing law to establish a minimum stream flow
water right for that stretch of the North Fork of the Clearwater River
immediately below Dworshak Dam to the confluence with the Clearwater River
to be held by the Idaho Water Resource Board in trust for the people of the
state of Idaho.
                                                                        
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 - PASSED - 65-1-4
      AYES -- Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Brackett, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali(Sali),
      Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Wood, Mr.
      Speaker
      NAYS -- Snodgrass
      Absent and excused -- Anderson, Bolz, Bradford, Moyle
    Floor Sponsor - Raybould
    Title apvd - to Senate
02/28    Senate intro - 1st rdg - to Res/Env
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Williams
    Title apvd - to House
03/17    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed - To Governor
03/22    Governor signed
         Session Law Chapter 112
         Effective: Contingent on Governor's
         Proclamation stating that all conditions of
         the Snake River Water Rights Agreement of
         2004 have been met

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 636
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO WATER; TO ESTABLISH A  MINIMUM  STREAM  FLOW  WATER  RIGHT  FOR  A
  3        DEFINED  STRETCH  OF  THE  NORTH  FORK OF THE CLEARWATER RIVER IMMEDIATELY
  4        BELOW DWORSHAK DAM TO THE CONFLUENCE WITH THE CLEARWATER RIVER TO BE  HELD
  5        BY  THE IDAHO WATER RESOURCE BOARD IN TRUST FOR THE PEOPLE OF THE STATE OF
  6        IDAHO; DECLARING AN EMERGENCY AND PROVIDING A CONTINGENT EFFECTIVE DATE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  The Legislature hereby establishes a minimum stream flow water
  9    right for that stretch of the North Fork of the Clearwater  River  immediately
 10    below  Dworshak Dam to the confluence with the Clearwater River, to be held by
 11    the Idaho Water Resource Board in trust for the people of the state of  Idaho.
 12    The  elements  of the minimum stream flow water right, including subordination
 13    to other uses of water, subordination to operations of the  Dworshak  Project,
 14    and other remarks, are as follows:
                                                                        
 15        Priority Date: April 1, 2005.
                                                                        
 16        Reach:         A  single  point  of reference near the confluence with the
 17                       mainstem Clearwater River,  below  Dworshak  Dam  and  just
 18                       above  the  Highway  7 bridge, located approximately in the
 19                       SW1/4NE1/4SW1/4, Section 34, T37N, R01E,  B.M.,  Clearwater
 20                       County.
                                                                        
 21        Rate of flow:  Changing  monthly as follows: January - 2,108 cfs; February
 22                       - 2,625 cfs; March - 4,250 cfs; April - 10,560 cfs;  May  -
 23                       16,560  cfs;  June  - 9,790 cfs; July - 2,730 cfs; August -
 24                       1,380 cfs; September - 1,131  cfs;  October  -  1,404  cfs;
 25                       November - 2,059 cfs; December - 2,368 cfs.
                                                                        
 26        Purpose:       Minimum stream flow to preserve fish, wildlife, scenic, and
 27                       recreational  values and to protect and enhance water qual-
 28                       ity and is equivalent to the unimpaired monthly fifty  per-
 29                       cent (50%) exceedence flows.
                                                                        
 30        This  water  right  is  subordinated  to  future  non-domestic-commercial-
 31    municipal-industrial ("non-DCMI") development in an amount up to 283 cfs based
 32    on  twenty-five  percent (25%) of the lowest unimpaired median monthly flow or
 33    the amount available above a base flow which is equivalent to  the  unimpaired
 34    monthly eighty percent (80%) exceedence flow, whichever is less.
 35        The  unimpaired monthly eighty percent (80%) exceedence flows are: January
 36    - 1,364 cfs; February - 1,540 cfs; March - 2,550 cfs; April - 6,600 cfs; May -
 37    11,520 cfs; June - 5,500 cfs; July - 1,680 cfs; August - 1,050 cfs;  September
 38    - 871 cfs; October - 954 cfs; November - 1,305 cfs; and December - 1,480 cfs.
 39        This water right shall be subordinated to all future DCMI uses.
                                                                        
                                           2
                                                                        
  1        While  the  instream  flow and the future allocation for non-DCMI uses and
  2    base flows are to be decreed in cubic feet per second (cfs),  such  quantities
  3    are  intended to reflect the percentages of the unimpaired exceedence flows at
  4    the quantification  point  described  in  this  water  right.  The  unimpaired
  5    exceedence  flows were estimated using regional regression equations developed
  6    by the United States Geological Service. Upon further finding and order of the
  7    director of the  Department  of  Water  Resources  that  gaging  stations  are
  8    required to maintain the approved minimum flows under this right, such measur-
  9    ing  devices shall be permanently installed and maintained as specified by the
 10    director. If actual flow data become available, the quantities in  this  water
 11    right  will  be adjusted as necessary to give effect to the exceedence assump-
 12    tion stated above. Such adjustments do not result in a material change to  the
 13    water  right  and  are  not subject to the notice and hearing requirements set
 14    forth in the partial decree, but shall comply with the notice and consultation
 15    requirements of Section 42-1507(4), Idaho Code.
 16        Use of water under this right shall recognize and allow the continued ben-
 17    eficial diversion of water under any prior existing water right established by
 18    diversions and application to beneficial use or by an application,  permit  or
 19    license  on  file or issued by the director under the provisions of Chapter 2,
 20    Title 42, Idaho Code, with a priority of water right  date  earlier  than  the
 21    date of priority of this right.
 22        There  are  no  diversions  associated with this minimum stream flow water
 23    right. The quantification point for this instream flow water right is  at  the
 24    following  location: T37N R01E S34 SWNESW End of Stream Flow Within Clearwater
 25    County.
 26        The Idaho Water Resource Board, upon receiving a request, or upon its  own
 27    initiative,  may  petition  the  director for an amendment to this water right
 28    after complying  with  the  notice  and  consultation  procedures  of  Section
 29    42-1507(4),  Idaho Code. The petition must set forth any significant change in
 30    circumstances and evidence of the  public  interest  supporting  the  proposed
 31    amendment. The director will notify the general public and specific persons or
 32    notify  interested  parties  of the proposed change, and conduct a hearing for
 33    the purpose of determining whether the water right should be  amended  in  the
 34    public interest.
 35        This  instream  flow water right is subordinated to all present and future
 36    operations of the Dworshak Project. The term "operations" as used herein means
 37    the timing and rate of discharge,  including  water  storage  and  release  of
 38    stored water, from Dworshak Dam.
                                                                        
 39        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 40    declared to exist, this act shall be in full force and effect upon issuance of
 41    a proclamation by the governor certifying that all conditions for  the  effec-
 42    tiveness  of  the  Snake River Water Rights Agreement of 2004 have been satis-
 43    fied.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 15995C1

This legislation creates a Minimum Streamflow  water right on
segments of the North Fork of the Clearwater River immediately
below Dworshak Dam to the confluence with the Clearwater River to
be held by the Idaho Water Resource Board. This Minimum
Streamflow was inadvertently omitted from the list of Minimum
Streamflows agreed to as part of the Snake River Water Rights
Agreement of 2004. The Minimum Streamflow is subordinated to all
existing water rights, the operation of Dworshak Reservoir,
future domestic, commercial, municipal and industrial uses and up
to 283 c.f.s. of other future uses.
     Approval of this instream flow will expedite the
implementation of the Snake River Water Rights Agreement of 2004.
This water right will become effective only upon the Governor's
issuance of a proclamation certifying that all conditions for the
effectiveness of the Snake River Water Rights Agreement of 2004
have been satisfied.



                           FISCAL NOTE

This legislation imposes no fiscal burden on any agency or unit
of government.



Contact
Name: Representative John A. Stevenson 
Phone: (208) 332-1000
Representative Dell Raybould



STATEMENT OF PURPOSE/FISCAL NOTE                         H 636