2008 Legislation
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SENATE BILL NO. 1354<br /> – Water, N Idaho, adjudication

SENATE BILL NO. 1354

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Bill Status



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

Bill Text




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

                                                                       

                                       IN 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 of  all
 15    users  of  surface  and ground water be determined. Therefore, the director of
 16    the department of water resources shall is 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 / Fiscal Impact


                      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