2008 Legislation
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HOUSE BILL NO. 634<br /> – Water rights, approp, notice


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Bill Status

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

03/11    House intro - 1st rdg - to printing
03/12    Rpt prt - to Res/Con

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 634

                                BY WAYS AND MEANS COMMITTEE

  1                                        AN ACT

  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:

  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 lies or, 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 departmental regulation rule. 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)


  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 the  regulations  rules  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 / Fiscal Impact

                       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.

Name: Representative Mike Moyle 
      Representative John "Bert" Stevenson
Phone: (208) 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                         H 634