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H0800.....................................................by WAYS AND MEANS
WATER RIGHTS - Amends existing law relating to water to revise provisions
regarding rights associated with permits and licenses relating to ground
water recharge.
03/13 House intro - 1st rdg - to printing
03/14 Rpt prt - to Res/Con
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 Rls susp - PASSED - 43-22-5
AYES -- Anderson, Andrus, Barraclough, Bastian, Bedke, Bell, Bilbao,
Block, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Deal,
Denney, Eskridge, Field(18), Field(23), Harwood, Henderson, Jaquet,
Lake, Loertscher, Mathews, McKague, Moyle, Nielsen, Nonini, Pence,
Raybould, Ring, Roberts, Rydalch, Sayler, Schaefer, Shepherd(8),
Shirley, Smith(24), Stevenson, Trail, Wills, Mr. Speaker
NAYS -- Barrett, Bayer, Black, Boe, Brackett, Edmunson, Garrett,
Hart, Henbest, Kemp, LeFavour, Martinez, Miller, Mitchell,
Pasley-Stuart, Ringo, Rusche, Shepherd(2), Skippen, Smith(30),
Smylie, Snodgrass
Absent and excused -- Crow, Ellsworth, McGeachin, Sali, Wood
Floor Sponsors - Mr. Speaker & Raybould
Title apvd - to Senate
03/20 Senate intro - 1st rdg - to Res/Env
03/28 Rpt out - rec d/p - to 2nd rdg
03/29 2nd rdg - to 3rd rdg
03/30 3rd rdg - FAILED - 14-21-0
AYES -- Burtenshaw, Cameron, Corder, Darrington, Davis, Geddes, Hill,
Keough, Marley, Pearce, Richardson, Stegner, Stennett, Williams
NAYS -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Coiner,
Compton, Fulcher, Gannon, Goedde, Jorgenson, Kelly, Langhorst,
Little, Lodge, Malepeai, McGee, McKenzie, Schroeder, Sweet, Werk
Absent and excused -- None
Floor Sponsors - Burtenshaw & Williams
Ret'd to House
Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 800
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO WATER; AMENDING SECTION 42-234, IDAHO CODE, TO REVISE PRIORITY
3 PROVISIONS REGARDING RIGHTS ASSOCIATED WITH PERMITS AND LICENSES RELATING
4 TO GROUND WATER RECHARGE; AND AMENDING SECTION 42-4201A, IDAHO CODE, TO
5 REVISE PRIORITY PROVISIONS REGARDING RIGHTS ASSOCIATED WITH PERMITS AND
6 LICENSES RELATING TO GROUND WATER RECHARGE AND TO MAKE TECHNICAL CORREC-
7 TIONS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 42-234, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 42-234. GROUND WATER RECHARGE PROJECTS -- AUTHORITY OF DEPARTMENT TO
12 GRANT PERMIT. (1) It is the policy of the state of Idaho to promote and
13 encourage the optimum development and augmentation of the water resources of
14 this state. The legislature deems it essential, therefore, that water projects
15 designed to advance this policy be given maximum support. The legislature
16 finds that the projects to recharge ground water basins in Idaho, may enhance
17 the full realization of our water resource potential by furthering water con-
18 servation and increasing the water available for beneficial use.
19 (2) The legislature hereby declares that the appropriation and under-
20 ground storage of water for purposes of ground water recharge shall constitute
21 a beneficial use and hereby authorizes the department of water resources to
22 issue a permit for the appropriation and underground storage of unappropriated
23 waters in an area of recharge. The rights acquired pursuant to any permit and
24 license obtained as herein authorized shall be secondary to all prior per-
25 fected water rights, including those water rights for power purposes that may
26 otherwise be subordinated by contract entered into by the governor and Idaho
27 power company on October 25, 1984, and ratified by the legislature pursuant to
28 section 42-203B, Idaho Code. Any right so granted shall be subject to deple-
29 tion for surface storage or direct uses after a period of years sufficient to
30 amortize the investment of the appropriator.
31 (3) The legislature further recognizes that incidental ground water
32 recharge benefits are often obtained from the diversion and use of water for
33 various beneficial purposes. However, such incidental recharge may not be used
34 as the basis for claim of a separate or expanded water right. Incidental
35 recharge of aquifers which occurs as a result of water diversion and use that
36 does not exceed the vested water right of water right holders is in the public
37 interest. The values of such incidental recharge shall be considered in the
38 management of the state's water resources.
39 SECTION 2. That Section 42-4201A, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 42-4201A. RECHARGE OF GROUND WATER BASINS -- DIRECTOR'S AUTHORITY TO
2
1 ISSUE PERMIT. (1) The welfare of the people of the state of Idaho is dependent
2 upon the conservation, development, augmentation and optimum use of the water
3 resources of this state. The legislature deems it essential therefore that
4 every effort be made to foster and encourage water projects and water use that
5 will augment ground water basin recharge. The legislature hereby acknowledges
6 that certain water uses and proposed projects to recharge water basins in the
7 state by means of the storage of unappropriated waters of the public waters of
8 the state in underground aquifers represents a unique and innovative endeavor
9 to further water conservation and increase the water available for beneficial
10 use.
11 (2) In view of the public betterment to be achieved by the completion of
12 aquifer recharge projects, the legislature hereby declares that the appropria-
13 tion and underground storage of water by any person, aquifer recharge dis-
14 trict, irrigation district, canal company or water district for purposes of
15 ground water recharge shall constitute a beneficial use and hereby authorizes
16 the department of water resources to issue a permit, pursuant to section
17 42-203A, Idaho Code, for the appropriation and underground storage of the
18 unappropriated waters of the state. The department of water resources is fur-
19 ther authorized to issue a license confirming the right to appropriate such
20 waters for the beneficial use herein established upon compliance with the
21 requirements specified in chapter 2, title 42, Idaho Code. The rights acquired
22 pursuant to any permit and license obtained as herein authorized shall be sec-
23 ondary to all prior perfected water rights, including those water rights for
24 power purposes that may otherwise be subordinated by contract entered into by
25 the governor and Idaho power company on October 25, 1984, and ratified by the
26 legislature pursuant to section 42-203B, Idaho Code.
27 (3) The director of the department of water resources may regulate the
28 amount of water which may be diverted for recharge purposes and may reduce
29 such amount, even though there is sufficient water to supply the entire amount
30 originally authorized by permit or license. To facilitate necessary financing
31 of an aquifer recharge project, the director may fix a term of years in the
32 permit or license during which the amount of water authorized to be diverted
33 shall not be reduced by the director under the provisions of this subsection.
34 (4) To insure ensure that other water rights are not injured by the oper-
35 ations of an aquifer recharge project, the director of the department of water
36 resources shall have the authority to approve, disapprove, or require altera-
37 tions in the methods employed to achieve ground water recharge. In the event
38 that the director determines that the methods of operation are adversely
39 affecting existing water rights or are creating conditions adverse to the ben-
40 eficial use of water under existing water rights, the director shall order the
41 cessation of operations until such alterations as may be ordered by the direc-
42 tor have been accomplished or such adverse effects otherwise have been cor-
43 rected.
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STATEMENT OF PURPOSE
RS 15985C1
The purpose of the legislation is to facilitate diversion of
expected flood flows in the spring of 2006 in the upper Snake
River Basin into existing canal structures to recharge the
Eastern Snake Plain Aquifer. The legislation would make recharge
a primary use of water.
As part of the 1984 Swan Falls Agreement, Idaho Power
Company agreed to subordinate its hydropower water rights "to
subsequent beneficial upstream uses upon approval of such uses by
the State in accordance with State law" subject to maintenance of
a 3,900 c.f.s. average daily flow from April 1 to October 31, and
5,600 c.f.s. average daily flow from November 1 to March 31, both
to be measured at the Murphy U.S.G.S. gauging station immediately
below Swan Falls Dam. The Swan Falls Agreement did not impose any
limitations on the type of beneficial uses to which the
subordination applied.
In 1994, the Legislature enacted recharge legislation that
provided use of water for recharge would be secondary to the use
of water to satisfy the hydropower water rights subordinated by
the Swan Falls Agreement. This legislation would remove this
limitation on the use of water for recharge.
FISCAL NOTE
This legislation imposes no fiscal burden on any agency or unit
of government.
Contact
Name: Speaker of the House of Representatives Bruce Newcomb
Phone: (208) 332-1000
Representative Dell Raybould
Representative John A. Stevenson
Senator Bart Davis
Senator Don Burtenshaw
Senator J. Stanley Williams
STATEMENT OF PURPOSE/FISCAL NOTE H 800