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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
]]]] 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.
]]]] 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".
]]]] 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
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