Print Friendly SENATE BILL NO. 1249
– N Idaho adjudicatn, revised
SENATE BILL NO. 1249
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NORTH IDAHO WATER RIGHTS ADJUDICATION - Amends existing law relating to
water rights adjudication to delete reference to water rights adjudication
in the Kootenai and Clark Fork-Pend Oreille river basin.
01/10 Senate intro - 1st rdg - to printing
01/11 Rpt prt - to Res/Env
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE SENATE
SENATE BILL NO. 1249
1 AN ACT
2 RELATING TO WATER; AMENDING SECTION 42-1406B, IDAHO CODE, TO DELETE REFERENCE
3 TO WATER RIGHTS ADJUDICATION IN THE KOOTENAI AND CLARK FORK-PEND OREILLE
4 RIVER BASIN.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 42-1406B, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 42-1406B. NORTHERN IDAHO WATER RIGHTS ADJUDICATIONS -- COMMENCEMENT. (1)
9 Effective management of the waters of northern Idaho requires that a compre-
10 hensive determination of the nature, extent and priority of the rights of all
11 users of surface and ground water be determined. Therefore, the director of
12 the department of water resources shall petition the district court to com-
13 mence adjudications within the terms of the McCarran amendment, 43 U.S.C. sec-
14 tion 666, of the water rights from surface water and ground water sources in
15 northern Idaho through initiation of three two ( 32) proceedings. Separate
16 petitions shall be filed for water rights adjudications for each of the fol-
17 lowing river basins, and related ground water sources whether or not hydrauli-
18 cally connected to a surface water source, within Idaho: the Coeur d'Alene-
19 Spokane river basin , and the Palouse river basin , and the Kootenai and Clark
20 Fork-Pend Oreille river basins. The filing of each petition shall be contin-
21 gent on legislative funding approval. Each petition shall describe the bound-
22 aries of the water source or water sources to be adjudicated.
23 (2) The adjudication shall be brought in any district court in which any
24 part of the water source is located or before a court of special jurisdiction
25 for water right adjudications. Unless otherwise ordered by the supreme court,
26 special jurisdiction for the water rights general adjudications authorized by
27 this section shall reside in the Snake River Basin Adjudication district court
28 of the fifth judicial district of the state of Idaho, in and for the county of
29 Twin Falls. The clerk of the district court in which the petition is filed
30 shall send to the supreme court a true and certified copy of the petition. The
31 supreme court, by order, shall assign the judge to preside over the general
32 adjudication. Venue of the general adjudication shall be determined by order
33 or rule of the supreme court and venue of hearings under the general adjudica-
34 tion shall be determined by order of the presiding judge.
35 (3) Upon issuance of an order by the district court which authorizes the
36 director to commence an investigation and determination of the various water
37 rights to be adjudicated from the water source or water sources, and which
38 defines the boundaries of the source or sources within the state to be adjudi-
39 cated, the director of the department of water resources shall proceed in the
40 manner provided under the provisions of chapter 14, title 42, Idaho Code, to
41 the extent not inconsistent with the provisions of this section.
STATEMENT OF PURPOSE
The purpose of this legislation is to remove Basins # 96, 97, 98,
from the NIA. These basins were not scheduled to begin the
adjudication process until 2011 at the earliest. An overwhelming
number of residents in these basins have communicated very
clearly that they do not wish to be included in this adjudication
process, and that they need more time and information.
This legislation provides the time by removing the basins from
the list of those to be adjudicated.
There is no fiscal impact to the general fund as these basins
were not scheduled to be considered until 2011 at the earliest,
if at all.
Name: Senator Keough
STATEMENT OF PURPOSE/FISCAL NOTE S 1249