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S1354..........................................by RESOURCES AND ENVIRONMENT
WATER RIGHTS ADJUDICATION - Amends existing law relating to water rights
adjudications to delete reference to all users of surface and ground water
in northern Idaho; to provide that the director of the Department of Water
Resources is authorized to petition the district court to commence certain
adjudications; and to provide that petitions to initiate certain water
rights adjudications in northern Idaho shall contain specified requests.
01/29 Senate intro - 1st rdg - to printing
01/30 Rpt prt - to Res/Env
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 33-1-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, McGee, McKague, McKenzie, Pearce, Richardson, Sagness
(Malepeai), Schroeder, Siddoway, Stennett, Werk
NAYS -- Stegner
Absent and excused -- Corder
Floor Sponsors - Broadsword & Keough
Title apvd - to House
02/21 House intro - 1st rdg - to Res/Con
02/28 Rpt out - rec d/p - to 2nd rdg
02/29 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 60-1-9
AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Bock, Boe,
Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest,
Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Pence, Roberts, Ruchti, Rusche,
Sayler, Shepherd(02), Shepherd(08), Shively, Smith(30), Snodgrass,
Stevenson, Thayn, Thomas, Vander Woude, Wills, Wood(27), Wood(35),
Mr. Speaker
NAYS -- Smith(24)
Absent and excused -- Bedke, Black, Block, Patrick, Raybould, Ringo,
Schaefer, Shirley, Trail
Floor Sponsor - Eskridge
Title apvd - to Senate
03/11 To enrol
03/12 Rpt enrol - Pres signed - Sp signed
03/13 To Governor
03/17 Governor signed
Session Law Chapter 149
Effective: 03/17/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1354 BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO WATER RIGHTS ADJUDICATIONS; AMENDING SECTION 42-1406B, IDAHO CODE, 3 TO DELETE REFERENCE TO ALL USERS OF SURFACE AND GROUND WATER IN NORTHERN 4 IDAHO, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES 5 IS AUTHORIZED TO PETITION THE DISTRICT COURT TO COMMENCE CERTAIN ADJUDICA- 6 TIONS AND TO PROVIDE THAT PETITIONS TO INITIATE CERTAIN WATER RIGHTS ADJU- 7 DICATIONS IN NORTHERN IDAHO SHALL INCLUDE SPECIFIED REQUESTS; AND DECLAR- 8 ING AN EMERGENCY. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 42-1406B, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 42-1406B. NORTHERN IDAHO WATER RIGHTS ADJUDICATIONS -- COMMENCEMENT. (1) 13 Effective management of the waters of northern Idaho requires that a compre- 14 hensive determination of the nature, extent and priority of the rights ofall15 users of surface and ground water be determined. Therefore, the director of 16 the department of water resourcesshallis authorized to petition the district 17 court to commence adjudications within the terms of the McCarran amendment, 43 18 U.S.C. section 666, of the water rights from surface water and ground water 19 sources in northern Idaho through initiation of three (3) proceedings, pro- 20 vided that each petition includes a request for the deferral of the adjudica- 21 tion of domestic and stock water rights as defined by subsections (4) and (11) 22 of section 42-1401A, Idaho Code, and a request that a commencement order be 23 issued only if the court determines it is possible to defer the adjudication 24 of domestic and stock water rights as defined by subsections (4) and (11) of 25 section 42-1401A, Idaho Code, within the terms of the McCarran amendment. Sep- 26 arate petitions shall be filed for water rights adjudications for each of the 27 following river basins, and related ground water sources whether or not 28 hydraulically connected to a surface water source, within Idaho: the Coeur 29 d'Alene-Spokane river basin, the Palouse river basin, and the Kootenai and 30 Clark Fork-Pend Oreille river basins. The filing of each petition shall be 31 contingent on legislative funding approval. Each petition shall describe the 32 boundaries of the water source or water sources to be adjudicated. 33 (2) The adjudication shall be brought in any district court in which any 34 part of the water source is located or before a court of special jurisdiction 35 for water right adjudications. Unless otherwise ordered by the supreme court, 36 special jurisdiction for the water rights general adjudications authorized by 37 this section shall reside in the Snake River Basin Adjudication district court 38 of the fifth judicial district of the state of Idaho, in and for the county of 39 Twin Falls. The clerk of the district court in which the petition is filed 40 shall send to the supreme court a true and certified copy of the petition. The 41 supreme court, by order, shall assign the judge to preside over the general 42 adjudication. Venue of the general adjudication shall be determined by order 43 or rule of the supreme court and venue of hearings under the general adjudica- 2 1 tion shall be determined by order of the presiding judge. 2 (3) Upon issuance of an order by the district court which authorizes the 3 director to commence an investigation and determination of the various water 4 rights to be adjudicated from the water source or water sources, and which 5 defines the boundaries of the source or sources within the state to be adjudi- 6 cated, the director of the department of water resources shall proceed in the 7 manner provided under the provisions of chapter 14, title 42, Idaho Code, to 8 the extent not inconsistent with the provisions of this section. 9 SECTION 2. An emergency existing therefor, which emergency is hereby 10 declared to exist, this act shall be in full force and effect on and after its 11 passage and approval.
STATEMENT OF PURPOSE
RS 17723
The purpose of this legislation is to amend Idaho Code section
42-1406B to defer participation in the northern Idaho water
adjudication of individual domestic water users and request the
commencement order be issued only if the court determines it is
possible to defer the adjudication of domestic and stock water
users. In other Idaho water adjudications the court was able to
defer domestic water users and they were not mandated to
participate. This would make the treatment of northern Idaho
citizens equal to the treatment afforded other Idahoans in the
adjudication of water rights.
FISCAL IMPACT
In estimates given by the Department of Water Resources the
passage of this legislation would have a $1,940,000 impact to the
state.
Contact
Name: Sen. Joyce Broadsword
Phone: 208-332-1000
Senator Shawn Keough
Rep. Eric Anderson
Rep. George Eskridge
Rep. Mary Lou Shepherd
Rep. Dick Harwood
STATEMENT OF PURPOSE S 1354