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H0634.....................................................by WAYS AND MEANS WATER RIGHTS - Amends existing law relating to appropriation of water to revise notice requirements for applications to appropriate waters of this state. 03/11 House intro - 1st rdg - to printing 03/12 Rpt prt - to Res/Con
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 634 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO APPROPRIATION OF WATER; AMENDING SECTION 42-203A, IDAHO CODE, TO 3 REVISE NOTICE REQUIREMENTS FOR APPLICATIONS TO APPROPRIATE WATERS OF THIS 4 STATE AND TO MAKE TECHNICAL CORRECTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 42-203A, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 42-203A. NOTICE UPON RECEIPT OF APPLICATION -- PROTEST -- HEARING AND 9 FINDINGS -- APPEALS. (1) Upon receipt of an application to appropriate the 10 waters of this state, the department of water resources shall prepare a notice 11 in such form as the department may prescribe, specifying: (a) the number of 12 the application; (b) the date of filing thereof; (c) the name and post-office 13 address of the applicant; (d) the source of the water supply; (e) the amount 14 of water to be appropriated; (f) in general the nature of the proposed use; 15 (g) the approximate location of the point of diversion; and (h) the point of 16 use. The department shall also state in said notice that any protest against 17 the approval of such application, in form prescribed by the department, shall 18 be filed with the department within ten (10) days from the last date of publi- 19 cation of such notice. 20 (2) The director of the department of water resources shall cause the 21 notice to be published in a newspaper printed within the county or counties 22 wherein the point of diversion, place of use, and water source liesor, in the 23 event no newspaper is printed in said county or counties, then in a newspaper 24 of general circulation therein. When the application proposes a diversion in 25 excess of ten (10) c.f.s. or one thousand (1,000) acre feet, the director 26 shall cause the notice to be published in a newspaper or newspapers sufficient 27 to achieve statewide circulation. Any notice shall be published at least once 28 each week for two (2) successive weeks. The director shall also cause the 29 notice to be accessible from the homepage of the department's website. 30 (3) The director of the department shall cause a copy of the notice of 31 application to be sent by ordinary mail to any person who requests in writing 32 to receive any class of notices of application and who pays an annual mailing 33 fee as established by departmentalregulationrule. The director shall provide 34 such notice by e-mail to any person who submits a written request for e-mail 35 notice. 36 (4) Any person, firm, association or corporation concerned in any such 37 application may, within the time allowed in the notice of application, file 38 with said director of the department of water resources a written protest, 39 together with the statutory filing fee as provided in section 42-221, Idaho 40 Code, against the approval of such application, which protest shall state the 41 name and address of protestant and shall be signed by him or by his agent or 42 attorney and shall clearly set forth his objections to the approval of such 43 application. Hearing upon the protest so filed shall be held within sixty (60) 2 1 days from the date such protest is received. Notice of this hearing shall be 2 given by mailing notice not less than ten (10) days before the date of hearing 3 and shall be forwarded to both the applicant and the protestant, or 4 protestants, by certified mail. Such notice shall state the names of the 5 applicant and protestant, or protestants, the time and place fixed for the 6 hearing and such other information as the director of the department of water 7 resources may deem advisable. In the event that no protest is filed, then the 8 director of the department of water resources may forthwith approve the appli- 9 cation, providing the same in all respects conforms with the requirements of 10 this chapter, and with theregulationsrules of the department of water 11 resources. 12 (5) Such hearing shall be conducted in accordance with the provisions of 13 section 42-1701A(1) and (2), Idaho Code. The director of the department of 14 water resources shall find and determine from the evidence presented to what 15 use or uses the water sought to be appropriated can be and are intended to be 16 applied. In all applications whether protested or not protested, where the 17 proposed use is such (a) that it will reduce the quantity of water under 18 existing water rights, or (b) that the water supply itself is insufficient for 19 the purpose for which it is sought to be appropriated, or (c) where it appears 20 to the satisfaction of the director that such application is not made in good 21 faith, is made for delay or speculative purposes, or (d) that the applicant 22 has not sufficient financial resources with which to complete the work 23 involved therein, or (e) that it will conflict with the local public interest 24 as defined in section 42-202B, Idaho Code, or (f) that it is contrary to con- 25 servation of water resources within the state of Idaho, or (g) that it will 26 adversely affect the local economy of the watershed or local area within which 27 the source of water for the proposed use originates, in the case where the 28 place of use is outside of the watershed or local area where the source of 29 water originates; the director of the department of water resources may reject 30 such application and refuse issuance of a permit therefor, or may partially 31 approve and grant a permit for a smaller quantity of water than applied for, 32 or may grant a permit upon conditions. Provided however, that minimum stream 33 flow water rights may not be established under the local public interest cri- 34 terion, and may only be established pursuant to chapter 15, title 42, Idaho 35 Code. The provisions of this section shall apply to any boundary stream 36 between this and any other state in all cases where the water sought to be 37 appropriated has its source largely within the state, irrespective of the 38 location of any proposed power generating plant. 39 (6) Any person or corporation who has formally appeared at the hearing, 40 aggrieved by the judgment of the director of the department of water 41 resources, may seek judicial review thereof in accordance with section 42 42-1701A(4), Idaho Code.
STATEMENT OF PURPOSE
RS 18077
This legislation will amend Section 42-203A, Idaho Code, to
revise notice requirements for applications to appropriate waters
of the state of Idaho.
FISCAL NOTE
There is no fiscal impact to the General Fund.
Contact
Name: Representative Mike Moyle
Representative John "Bert" Stevenson
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 634