2007 Legislation
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SENATE BILL NO. 1136 – Wood river, minimum stream flow

SENATE BILL NO. 1136

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Bill Status



S1136aa........................................by RESOURCES AND ENVIRONMENT
WOOD RIVER - MINIMUM STREAM FLOW - Adds to existing law to provide for
minimum stream flow water rights in designated areas of the Big Wood River
and the Little Wood River; to provide for certain donated water rights; to
provide for a local committee; and to provide for the collection of water
district expenses.

02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Res/Env
03/01    Rpt out - to 14th Ord
03/07    Rpt out amen - to engros
03/08    Rpt engros - 1st rdg - to 2nd rdg as amen
03/09    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsors - Cameron & Stennett
    Title apvd - to House
03/09    House intro - 1st rdg - to Res/Con
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Chavez, Schaefer
    Floor Sponsor - Pence
    Title apvd - to Senate
03/21    To enrol - Rpt enrol - Pres signed
03/22    Sp signed
03/23    To Governor
03/29    Governor signed
         Session Law Chapter 262
         Effective: 07/01/08 with specifics for local
         board; 12/31/12 Sunset Clause

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1136
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO WATER; AMENDING CHAPTER 15, TITLE 42, IDAHO CODE, BY THE  ADDITION
  3        OF  A  NEW SECTION 42-1508, IDAHO CODE, TO PROVIDE FOR MINIMUM STREAM FLOW
  4        WATER RIGHTS IN DESIGNATED REACHES OF THE BIG WOOD RIVER  AND  THE  LITTLE
  5        WOOD  RIVER AND TO PROVIDE FOR THE DISTRIBUTION OF DONATED WATER; AMENDING
  6        CHAPTER 17, TITLE 42, IDAHO  CODE,  BY  THE  ADDITION  OF  A  NEW  SECTION
  7        42-1765B, IDAHO CODE, TO PROVIDE FOR CERTAIN DONATED WATER RIGHTS, TO PRO-
  8        VIDE FOR A LOCAL COMMITTEE AND TO PROVIDE FOR THE COLLECTION OF WATER DIS-
  9        TRICT  EXPENSES;  TO PROVIDE FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE
 10        AND TO PROVIDE FOR DISCRETIONARY ACTION BY THE WATER RESOURCE BOARD.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  That Chapter 15, Title 42, Idaho Code, be,  and  the  same  is
 13    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 14    ignated as Section 42-1508, Idaho Code, and to read as follows:
                                                                        
 15        42-1508.   WOOD RIVER BASIN -- ENHANCEMENT OF  INSTREAM  FLOWS  AND  DOWN-
 16    STREAM  WATER  SUPPLIES. (1) The water resource board is hereby authorized and
 17    directed to appropriate and hold in trust for the people of the state of Idaho
 18    minimum stream flow water rights in designated reaches of the Big  Wood  River
 19    and  the  Little  Wood  River  for  the  purpose  of preserving, restoring and
 20    enhancing fish and  wildlife  habitat,  aquatic  life,  recreation,  aesthetic
 21    beauty, navigation, transportation and water quality, and to enhance the water
 22    supply for other existing downstream water rights, in accordance with the pro-
 23    visions  of  this  section.  The  designated reaches are in the Big Wood River
 24    immediately below the Bellevue diversion (45 district canal) downstream to the
 25    United States geological survey gage station number  13140800,  located  below
 26    Stanton  Crossing and above Magic Reservoir; and in the Little Wood River from
 27    the confluence of Silver Creek downstream to the U.S. bureau of  land  manage-
 28    ment diversion located near the city of Richfield.
 29        (2)  The  water  resource  board is authorized and directed to appropriate
 30    minimum stream flow water rights in amounts up to sixty (60) cfs in the desig-
 31    nated reach of the Big Wood River, and up to seventy-four (74) cfs in the des-
 32    ignated reach of the Little Wood River under this section  and  in  accordance
 33    with  the provisions of section 42-1503, Idaho Code. In acting upon the appli-
 34    cations for permit, the director of the department of water resources need not
 35    determine that the appropriations are capable of being maintained  based  upon
 36    records  of  existing  stream  flows, because it is anticipated that the water
 37    rights will be satisfied and maintained over  time  through  the  donation  of
 38    water  rights  to  the board and the operation of the water supply bank within
 39    the Wood River basin consistent with the provisions of section 42-1765B, Idaho
 40    Code. In addition, the director need not  determine  that  the  appropriations
 41    meet  a  minimum amount as defined in section 42-1502(f), Idaho Code, or limit
 42    appropriations that might exceed such an amount, because of the need  to  ful-
 43    fill  the  purpose  of  enhancing water supplies for other existing downstream
                                                                        
                                       2
                                                                        
  1    water rights.
  2        (3)  Upon the  water  resource  board's  filing  of  the  applications  as
  3    directed  by  this  section,  the  director  is authorized and directed, on an
  4    interim basis pending final action on  the  applications,  to  distribute  any
  5    water  donated  pursuant  to section 42-1765B, Idaho Code, consistent with the
  6    provisions of this section and section 42-1765B, Idaho Code.
                                                                        
  7        SECTION 2.  That Chapter 17, Title 42, Idaho Code, be,  and  the  same  is
  8    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  9    ignated as Section 42-1765B, Idaho Code, and to read as follows:
                                                                        
 10        42-1765B.  WOOD RIVER BASIN -- WATER RIGHTS DONATED  TO  ENHANCE  INSTREAM
 11    FLOWS AND DOWNSTREAM WATER SUPPLIES -- LOCAL COMMITTEE. (1) The water resource
 12    board  is authorized to accept the donation by gift, grant or bequest of water
 13    rights, in whole or in part, from the Big Wood River upstream  of  the  United
 14    States  geological  survey  gage station number 13140800 located below Stanton
 15    Crossing and above Magic Reservoir, and from Silver  Creek  tributary  to  the
 16    Little Wood River, and to place eligible portions of the water rights into the
 17    water  supply  bank. Section 42-1765, Idaho Code, and the board's water supply
 18    bank rules shall apply to the operation of the water supply bank in  the  Wood
 19    River basin, except as inconsistent with this section.
 20        (2)  The  board shall appoint a local committee to facilitate donations of
 21    eligible water rights. The local committee shall be comprised of the following
 22    ten (10) voting members: Four (4)  representatives  from  the  water  district
 23    37/37M  advisory  committee  (one  (1) representative from the Northside canal
 24    company, one (1) representative from the Big Wood canal company, one (1)  rep-
 25    resentative  from  district 37 upper basin (Big Wood), and one (1) representa-
 26    tive from district 37M (Silver Creek, Little Wood)); the water district 37/37M
 27    watermaster; one (1) representative each  from  Blaine,  Lincoln  and  Gooding
 28    counties; one (1) conservation representative from the Wood River legacy proj-
 29    ect  steering  committee;  and  one (1) representative from a Wood River basin
 30    conservation interest.
 31        (3)  Upon acceptance of the ownership of the donated rights by the  board,
 32    the appointed local committee shall have authority to accept the water rights,
 33    in whole or in part, into the water supply bank.
 34        (4)  Donated  water  rights  may be accepted into the water supply bank to
 35    satisfy the board's minimum stream flow water rights authorized under  section
 36    42-1508,  Idaho Code, and to satisfy existing minimum stream flow water rights
 37    previously appropriated by the board on Silver Creek and the Big  Wood  River;
 38    provided,  that the director of the department of water resources, upon recom-
 39    mendation of the local committee, determines that there will be an  equivalent
 40    reduction  in the extent of beneficial use made under the donated water right,
 41    and that injury will not result to other water rights. For purposes  of  water
 42    rights  distribution  under  chapter  6,  title  42,  Idaho Code, water rights
 43    donated pursuant to this section shall retain their respective priority dates;
 44    provided however, that the local committee will  recommend  and  the  director
 45    shall condition or limit the use of donated water rights as necessary to avoid
 46    injury  to  other  water  rights, and the provisions of section 42-1766, Idaho
 47    Code, shall apply to any appeals by water right holders regarding the  use  of
 48    the donated water rights.
 49        (5)  For  purposes  of this section, the board and local committee may not
 50    accept for enhanced flows in the Big Wood River  any  water  rights  currently
 51    diverted into the Bellevue triangle via the 45 district canal (Bellevue diver-
 52    sion).
 53        (6)  Water  rights placed into the water supply bank from the Silver Creek
                                                                        
                                       3
                                                                        
  1    and Little Wood River portions of the Wood River basin pursuant to  this  sec-
  2    tion  may only be used to increase stream flows in Silver Creek and the Little
  3    Wood River.
  4        (7)  The watermaster for water district 37/37M shall  collect  water  dis-
  5    trict  expenses  pursuant  to  chapter 6, title 42, Idaho Code, from the water
  6    users receiving water as a result of enhanced downstream water  supplies  pro-
  7    vided  pursuant  to  this  section, as determined by the watermaster for water
  8    district 37/37M in cooperation with the local committee.
                                                                        
  9        SECTION 3.  SEVERABILITY.  The provisions of this act are hereby  declared
 10    to  be  severable  and if any provision of this act or the application of such
 11    provision to any person or circumstance is declared invalid  for  any  reason,
 12    such  declaration  shall  not affect the validity of the remaining portions of
 13    this act.
                                                                        
 14        SECTION 4.  This act shall be in full force and effect on and  after  July
 15    1, 2008; provided however, that the local committee authorized in Section 2 of
 16    this  act  may  be appointed by the Water Resource Board and begin meeting for
 17    administrative purposes in 2007.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                                     Moved by    Stennett            
                                                                        
                                                     Seconded by Cameron             
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1136
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 2 of the printed bill, delete lines 2 through 6.
                                                                        
  3                               AMENDMENTS TO SECTION 2
  4        On page 2, in line 19, following "section." insert: "Ground  water  rights
  5    shall  not  be  eligible for donation under this section."; in line 21, delete
  6    "rights." and insert: "rights and to adopt local procedures.";  also  in  line
  7    21, delete "following" and insert: "members of the water district 37/37M advi-
  8    sory  committee.  In  addition, the district watermaster and other individuals
  9    that may be appointed by the board, upon recommendation of the  advisory  com-
 10    mittee,  shall  serve  as  ex officio members of the local committee."; delete
 11    lines  22  through  30;  in  line  40,   delete   "beneficial"   and   insert:
 12    "consumptive";  in  line  41, following "rights." insert: "The burden of proof
 13    shall be on the owner of the donated water right to demonstrate by  clear  and
 14    convincing  evidence  that  injury will not result to other water rights."; in
 15    line 46, delete "rights," and insert: "rights and  to  provide  for  continued
 16    incidental  recharge,  or  managed recharge, as necessary to maintain historic
 17    recharge patterns,"; in line 48,  following  "rights."  insert:  "All  donated
 18    water  rights with points of diversion on the Big Wood River downstream of the
 19    45 district canal shall flow through the bypass canal and be returned  to  the
 20    Big  Wood  River  through  the  western  branch  of the 57F canal from the 57F
 21    divide. In addition, all water rights from the  southern  branch  of  the  57F
 22    divide  shall  be  delivered  through  the bypass extension canal. A measuring
 23    device approved by the watermaster shall be installed at the beginning of  the
 24    western  branch of the 57F canal."; in line 52, following "sion)." insert: "In
 25    addition, all donated water rights with points of diversion located on the Big
 26    Wood River upstream of the 45 district canal shall be  diverted  into  the  45
 27    district canal in order to enhance local water supplies and to increase stream
 28    flows in Silver Creek and the Little Wood River.".
 29        On page 3, in line 8, following "committee." insert: "Any additional water
 30    district  expenses  resulting  from the administration of water rights donated
 31    under this section shall be treated as expenses related to the  administration
 32    of nonconsumptive water rights under section 42-605A, Idaho Code, and shall be
 33    collected  by  the  watermaster from the owners of the donated water rights or
 34    other persons agreeing to pay such costs.".
                                                                        
 35                                AMENDMENT TO SECTION 4
 36        On page 3, in line 17, following "2007." insert: "The provisions  of  this
 37    act, and any minimum stream flow water rights established pursuant to the pro-
 38    visions of this act, shall be null and void and of no further force and effect
 39    as of December 31, 2012, unless extended by the Legislature.".
                                                                        
 40                                 CORRECTIONS TO TITLE
 41        On  page  1,  in  line  5,  delete "AND TO PROVIDE FOR THE DISTRIBUTION OF
                                                                        
                                       2
                                                                        
  1    DONATED WATER"; in line 9, following "DATE"  insert:  ",";  and  in  line  10,
  2    delete  "AND"; and also in line 10, following "BOARD" insert: "AND PROVIDING A
  3    SUNSET CLAUSE".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1136, As Amended
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO WATER; AMENDING CHAPTER 15, TITLE 42, IDAHO CODE, BY THE  ADDITION
  3        OF  A  NEW SECTION 42-1508, IDAHO CODE, TO PROVIDE FOR MINIMUM STREAM FLOW
  4        WATER RIGHTS IN DESIGNATED REACHES OF THE BIG WOOD RIVER  AND  THE  LITTLE
  5        WOOD  RIVER; AMENDING CHAPTER 17, TITLE 42, IDAHO CODE, BY THE ADDITION OF
  6        A NEW SECTION 42-1765B, IDAHO CODE, TO PROVIDE FOR CERTAIN  DONATED  WATER
  7        RIGHTS, TO PROVIDE FOR A LOCAL COMMITTEE AND TO PROVIDE FOR THE COLLECTION
  8        OF  WATER  DISTRICT  EXPENSES;  TO  PROVIDE FOR SEVERABILITY; PROVIDING AN
  9        EFFECTIVE DATE, TO PROVIDE FOR DISCRETIONARY ACTION BY THE WATER  RESOURCE
 10        BOARD AND PROVIDING A SUNSET CLAUSE.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That  Chapter  15,  Title 42, Idaho Code, be, and the same is
 13    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 14    ignated as Section 42-1508, Idaho Code, and to read as follows:
                                                                        
 15        42-1508.    WOOD  RIVER  BASIN  -- ENHANCEMENT OF INSTREAM FLOWS AND DOWN-
 16    STREAM WATER SUPPLIES. (1) The water resource board is hereby  authorized  and
 17    directed to appropriate and hold in trust for the people of the state of Idaho
 18    minimum  stream  flow water rights in designated reaches of the Big Wood River
 19    and the Little Wood  River  for  the  purpose  of  preserving,  restoring  and
 20    enhancing  fish  and  wildlife  habitat,  aquatic  life, recreation, aesthetic
 21    beauty, navigation, transportation and water quality, and to enhance the water
 22    supply for other existing downstream water rights, in accordance with the pro-
 23    visions of this section. The designated reaches are  in  the  Big  Wood  River
 24    immediately below the Bellevue diversion (45 district canal) downstream to the
 25    United  States  geological  survey gage station number 13140800, located below
 26    Stanton Crossing and above Magic Reservoir; and in the Little Wood River  from
 27    the  confluence  of Silver Creek downstream to the U.S. bureau of land manage-
 28    ment diversion located near the city of Richfield.
 29        (2)  The water resource board is authorized and  directed  to  appropriate
 30    minimum stream flow water rights in amounts up to sixty (60) cfs in the desig-
 31    nated reach of the Big Wood River, and up to seventy-four (74) cfs in the des-
 32    ignated  reach  of  the Little Wood River under this section and in accordance
 33    with the provisions of section 42-1503, Idaho Code. In acting upon the  appli-
 34    cations for permit, the director of the department of water resources need not
 35    determine  that  the appropriations are capable of being maintained based upon
 36    records of existing stream flows, because it is  anticipated  that  the  water
 37    rights  will  be  satisfied  and  maintained over time through the donation of
 38    water rights to the board and the operation of the water  supply  bank  within
 39    the Wood River basin consistent with the provisions of section 42-1765B, Idaho
 40    Code.  In  addition,  the  director need not determine that the appropriations
 41    meet a minimum amount as defined in section 42-1502(f), Idaho Code,  or  limit
 42    appropriations  that  might exceed such an amount, because of the need to ful-
 43    fill the purpose of enhancing water supplies  for  other  existing  downstream
                                                                        
                                       2
                                                                        
  1    water rights.
                                                                        
  2        SECTION  2.  That  Chapter  17,  Title 42, Idaho Code, be, and the same is
  3    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  4    ignated as Section 42-1765B, Idaho Code, and to read as follows:
                                                                        
  5        42-1765B.  WOOD  RIVER  BASIN  -- WATER RIGHTS DONATED TO ENHANCE INSTREAM
  6    FLOWS AND DOWNSTREAM WATER SUPPLIES -- LOCAL COMMITTEE. (1) The water resource
  7    board is authorized to accept the donation by gift, grant or bequest of  water
  8    rights,  in  whole  or in part, from the Big Wood River upstream of the United
  9    States geological survey gage station number 13140800  located  below  Stanton
 10    Crossing  and  above  Magic  Reservoir, and from Silver Creek tributary to the
 11    Little Wood River, and to place eligible portions of the water rights into the
 12    water supply bank. Section 42-1765, Idaho Code, and the board's  water  supply
 13    bank  rules  shall apply to the operation of the water supply bank in the Wood
 14    River basin, except as inconsistent with this  section.  Ground  water  rights
 15    shall not be eligible for donation under this section.
 16        (2)  The  board shall appoint a local committee to facilitate donations of
 17    eligible water rights and to adopt local procedures. The local committee shall
 18    be comprised of the members of the water district 37/37M  advisory  committee.
 19    In  addition,  the  district  watermaster  and  other  individuals that may be
 20    appointed by the board, upon recommendation of the advisory  committee,  shall
 21    serve as ex officio members of the local committee.
 22        (3)  Upon  acceptance of the ownership of the donated rights by the board,
 23    the appointed local committee shall have authority to accept the water rights,
 24    in whole or in part, into the water supply bank.
 25        (4)  Donated water rights may be accepted into the water  supply  bank  to
 26    satisfy  the board's minimum stream flow water rights authorized under section
 27    42-1508, Idaho Code, and to satisfy existing minimum stream flow water  rights
 28    previously  appropriated  by the board on Silver Creek and the Big Wood River;
 29    provided, that the director of the department of water resources, upon  recom-
 30    mendation  of the local committee, determines that there will be an equivalent
 31    reduction in the extent of consumptive use made under the donated water right,
 32    and that injury will not result to other water rights.  The  burden  of  proof
 33    shall  be  on the owner of the donated water right to demonstrate by clear and
 34    convincing evidence that injury will not result to  other  water  rights.  For
 35    purposes  of  water rights distribution under chapter 6, title 42, Idaho Code,
 36    water rights donated pursuant to this section shall  retain  their  respective
 37    priority  dates; provided however, that the local committee will recommend and
 38    the director shall condition or limit the use of donated water rights as  nec-
 39    essary  to  avoid  injury  to  other water rights and to provide for continued
 40    incidental recharge, or managed recharge, as necessary  to  maintain  historic
 41    recharge  patterns,  and  the provisions of section 42-1766, Idaho Code, shall
 42    apply to any appeals by water right holders regarding the use of  the  donated
 43    water  rights.  All  donated  water rights with points of diversion on the Big
 44    Wood River downstream of the 45 district canal shall flow through  the  bypass
 45    canal  and be returned to the Big Wood River through the western branch of the
 46    57F canal from the 57F divide. In addition, all water rights from the southern
 47    branch of the 57F divide shall  be  delivered  through  the  bypass  extension
 48    canal.  A  measuring  device approved by the watermaster shall be installed at
 49    the beginning of the western branch of the 57F canal.
 50        (5)  For purposes of this section, the board and local committee  may  not
 51    accept  for  enhanced  flows  in the Big Wood River any water rights currently
 52    diverted into the Bellevue triangle via the 45 district canal (Bellevue diver-
 53    sion). In addition, all donated water rights with points of diversion  located
                                                                        
                                       3
                                                                        
  1    on the Big Wood River upstream of the 45 district canal shall be diverted into
  2    the 45 district canal in order to enhance local water supplies and to increase
  3    stream flows in Silver Creek and the Little Wood River.
  4        (6)  Water  rights placed into the water supply bank from the Silver Creek
  5    and Little Wood River portions of the Wood River basin pursuant to  this  sec-
  6    tion  may only be used to increase stream flows in Silver Creek and the Little
  7    Wood River.
  8        (7)  The watermaster for water district 37/37M shall  collect  water  dis-
  9    trict  expenses  pursuant  to  chapter 6, title 42, Idaho Code, from the water
 10    users receiving water as a result of enhanced downstream water  supplies  pro-
 11    vided  pursuant  to  this  section, as determined by the watermaster for water
 12    district 37/37M in cooperation with the local committee. Any additional  water
 13    district  expenses  resulting  from the administration of water rights donated
 14    under this section shall be treated as expenses related to the  administration
 15    of nonconsumptive water rights under section 42-605A, Idaho Code, and shall be
 16    collected  by  the  watermaster from the owners of the donated water rights or
 17    other persons agreeing to pay such costs.
                                                                        
 18        SECTION 3.  SEVERABILITY.  The provisions of this act are hereby  declared
 19    to  be  severable  and if any provision of this act or the application of such
 20    provision to any person or circumstance is declared invalid  for  any  reason,
 21    such  declaration  shall  not affect the validity of the remaining portions of
 22    this act.
                                                                        
 23        SECTION 4.  This act shall be in full force and effect on and  after  July
 24    1, 2008; provided however, that the local committee authorized in Section 2 of
 25    this  act  may  be appointed by the Water Resource Board and begin meeting for
 26    administrative purposes in 2007. The provisions of this act, and  any  minimum
 27    stream  flow  water rights established pursuant to the provisions of this act,
 28    shall be null and void and of no further force and effect as of  December  31,
 29    2012, unless extended by the Legislature.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 16954C1

The purpose of this legislation is to amend chapter 15, title 42,
Idaho Code, to add a new section 42-1508, Idaho Code, to
authorize and direct the Water Resource Board to appropriate
minimum stream flow water rights in designated reaches of the
Wood River Basin, to facilitate the use of water rights that are
donated by water right holders in the basin, and to add a new
section 42-1765B, authorizing the Water Resource Board, through a
local committee, to accept and hold donated water rights in the
Wood River Basin for purposes of enhancing stream flows and down
basin water supplies.  The purpose of the enhanced stream flows
is to preserve, restore and enhance fish and wildlife habitat,
aquatic life, recreation, aesthetic beauty, navigation,
transportation, and water quality, and to enhance the water
supplies available for other existing water rights.  The act
shall be effective beginning January 1, 2008, with the local
committee appointed and beginning to meet during 2007, to prepare
for implementation of the act.


                           FISCAL NOTE

Enactment of this legislation will not have a negative impact
upon the state's general fund or other state or local funds.  The
legislation will provide a positive economic impact through the
enhancement of stream flows for fishery and recreational purposes
and by providing additional water supplies for downstream
delivery to other existing water rights.



Contacts
Senator Dean Cameron
Senator Clint Stennett
Representative John A. "Bert" Stevenson
Representative Donna Pence
Phone: 332-1000

Name: Rich McIntyre, Wood River Legacy Project         
Phone: 208-309-1486 
Name: Norm Semanko, Idaho Water Users Association 
      Jonathan Parker, Idaho Water Users Association   
Phone: 208-344-6690

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1136