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S1417..........................................by RESOURCES AND ENVIRONMENT NORTHERN IDAHO ADJUDICATIONS - Repeals, amends and adds to existing law relating to water rights adjudications; to provide a Northern Idaho Water Rights Adjudication; to provide legislative findings relating to accomplished transfers; to provide that certain changes of place of use, points of diversion, nature or purpose of use or period of use of a water right may be claimed in the Northern Idaho Adjudications; to provide for objections to recommendations; to provide effective dates; to provide legislative intent; to submit an advisory ballot to certain registered electors; to require the director of the Department of Water Resources to transmit specified information relating to the proposed boundaries of designated river basins to certain boards of county commissioners; and to direct certain boards of county commissioners to place a specified question on the 2008 general election ballot for certain registered electors. 02/11 Senate intro - 1st rdg - to printing 02/12 Rpt prt - to Res/Env
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1417 BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO WATER RIGHTS ADJUDICATIONS; REPEALING SECTIONS 1 AND 3, CHAPTER 3 222, LAWS OF 2006, RELATING TO NORTHERN IDAHO WATER RIGHTS ADJUDICATIONS; 4 AMENDING CHAPTER 14, TITLE 42, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 5 TION 42-1406B, IDAHO CODE, TO PROVIDE FOR SPECIFIED NORTHERN IDAHO WATER 6 RIGHTS ADJUDICATIONS; AMENDING SECTION 42-1425, IDAHO CODE, TO PROVIDE 7 LEGISLATIVE FINDINGS RELATING TO ACCOMPLISHED TRANSFERS AND THE PUBLIC 8 INTEREST REGARDING NORTHERN IDAHO ADJUDICATIONS, TO PROVIDE THAT CERTAIN 9 CHANGES OF PLACE OF USE, POINTS OF DIVERSION, NATURE OR PURPOSE OF USE, OR 10 PERIOD OF USE OF A WATER RIGHT MAY BE CLAIMED IN THE NORTHERN IDAHO ADJU- 11 DICATIONS AND TO PROVIDE FOR OBJECTIONS TO RECOMMENDATIONS FOR SPECIFIED 12 ACCOMPLISHED CHANGES; TO STATE LEGISLATIVE FINDINGS, TO SUBMIT AN ADVISORY 13 BALLOT TO CERTAIN REGISTERED ELECTORS, TO REQUIRE THE DIRECTOR OF THE 14 DEPARTMENT OF WATER RESOURCES TO TRANSMIT SPECIFIED INFORMATION RELATING 15 TO THE PROPOSED BOUNDARIES OF DESIGNATED RIVER BASINS TO CERTAIN BOARDS OF 16 COUNTY COMMISSIONERS, TO DIRECT CERTAIN BOARDS OF COUNTY COMMISSIONERS TO 17 PLACE A SPECIFIED QUESTION ON THE 2008 GENERAL ELECTION BALLOT FOR CERTAIN 18 REGISTERED ELECTORS, TO PROVIDE THAT THE BOARDS OF COUNTY COMMISSIONERS 19 SHALL CONDUCT THE ELECTION PURSUANT TO DESIGNATED STATUTORY PROVISIONS AND 20 TO PROVIDE THE QUESTION TO BE PLACED ON THE BALLOT; TO PROVIDE FOR SEVER- 21 ABILITY; DECLARING AN EMERGENCY AND PROVIDING EFFECTIVE DATES. 22 Be It Enacted by the Legislature of the State of Idaho: 23 SECTION 1. That Sections 1 and 3, Chapter 222, Laws of 2006, be, and the 24 same are hereby repealed. 25 SECTION 2. That Chapter 14, Title 42, Idaho Code, be, and the same is 26 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 27 ignated as Section 42-1406B, Idaho Code, and to read as follows: 28 42-1406B. NORTHERN IDAHO WATER RIGHTS ADJUDICATIONS -- COMMENCEMENT. (1) 29 Effective management of the waters of northern Idaho requires that a compre- 30 hensive determination of the nature, extent and priority of the rights of all 31 users of surface and ground water be determined. Therefore, the director of 32 the department of water resources shall petition the district court to com- 33 mence adjudications within the terms of the McCarran amendment, 43 U.S.C. sec- 34 tion 666, of the water rights from surface water and ground water sources in 35 northern Idaho through initiation of three (3) proceedings. Separate petitions 36 shall be filed for water rights adjudications for each of the following river 37 basins, and related ground water sources whether or not hydraulically con- 38 nected to a surface water source, within Idaho: the Coeur d'Alene-Spokane 39 river basin, the Palouse river basin, and the Kootenai and Clark Fork-Pend 40 Oreille river basins. The filing of each petition shall be contingent on leg- 41 islative funding approval. Each petition shall describe the boundaries of the 42 water source or water sources to be adjudicated. 2 1 (2) The adjudication shall be brought in any district court in which any 2 part of the water source is located or before a court of special jurisdiction 3 for water rights adjudications. Unless otherwise ordered by the supreme court, 4 special jurisdiction for the water rights general adjudications authorized by 5 this section shall reside in the Snake River Basin Adjudication district court 6 of the fifth judicial district of the state of Idaho, in and for the county of 7 Twin Falls. The clerk of the district court in which the petition is filed 8 shall send to the supreme court a true and certified copy of the petition. The 9 supreme court, by order, shall assign the judge to preside over the general 10 adjudication. Venue of the general adjudication shall be determined by order 11 or rule of the supreme court and venue of hearings under the general adjudica- 12 tion shall be determined by order of the presiding judge. 13 (3) Upon issuance of an order by the district court which authorizes the 14 director to commence an investigation and determination of the various water 15 rights to be adjudicated from the water source or water sources, and which 16 defines the boundaries of the source or sources within the state to be adjudi- 17 cated, the director of the department of water resources shall proceed in the 18 manner provided under the provisions of chapter 14, title 42, Idaho Code, to 19 the extent not inconsistent with the provisions of this section. 20 SECTION 3. That Section 42-1425, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 42-1425. ACCOMPLISHED TRANSFERS. (1) Legislative findings regarding 23 accomplished transfers and the public interest. 24 (a) The legislature finds and declares that prior to the commencement of 25 the Snake River basin adjudication, and the northern Idaho adjudications, 26 many persons entitled to the use of water or owning land to which water 27 has been made appurtenant either by decree of the court or under provi- 28 sions of the constitution and statutes of this state changed the place of 29 use, point of diversion, nature or purpose of use, or period of use of 30 their water rights without compliance with the transfer provisions of sec- 31 tions 42-108 and 42-222, Idaho Code. 32 (b) The legislature finds that many of these changes occurred with the 33 knowledge of other water users and that the water has been distributed to 34 the right as changed. The legislature further finds and declares that the 35 continuation of the historic water use patterns resulting from these 36 changes is in the local public interest provided no other existing water 37 right was injured at the time of the change. Denial of a claim based 38 solely upon a failure to comply with sections 42-108 and 42-222, Idaho 39 Code, where no injury or enlargement exists, would cause significant undue 40 financial impact to a claimant and the local economy. Approval of the 41 accomplished transfer through the procedure set forth in this section 42 avoids the harsh economic impacts that would result from a denial of the 43 claim. 44 (c) The legislature further finds and declares that examination of these 45 changes by the director through the procedures of section 42-222, Idaho 46 Code, would be impractical and unduly burdensome. The more limited exami- 47 nation of these changes provided for in this section, constitutes a rea- 48 sonable procedure for an expeditious review by the director while ensuring 49 that the changes do not injure other existing water rights or constitute 50 an enlargement of use of the original right. 51 (2) Any change of place of use, point of diversion, nature or purpose of 52 use or period of use of a water right by any person entitled to use of water 53 or owning any land to which water has been made appurtenant either by decree 3 1 of the court or under the provisions of the constitution and statutes of this 2 state, prior to November 19, 1987, the date of commencement of the Snake River 3 basin adjudication, and prior to January 1, 2009, for the northern Idaho 4 adjudications authorized by section 42-1406B, Idaho Code, may be claimed ina5 the applicable general adjudication even though the person has not complied 6 with sections 42-108 and 42-222, Idaho Code, provided no other water rights 7 existing on the date of the change were injured and the change did not result 8 in an enlargement of the original right. Except for the consent requirements 9 of section 42-108, Idaho Code, all requirements of sections 42-108 and 42-222, 10 Idaho Code, are hereby waived in accordance with the following procedures: 11 (a) If an objection is filed to aclaimrecommendation for accomplished 12 change of place of use, point of diversion, nature or purpose of use or 13 period of use, the district court shall remand the water right to the 14 director for further hearing to determine whether the change injured a 15 water right existing on the date of the change or constituted an enlarge- 16 ment of the original right. After a hearing, the director shall submit a 17 supplemental report to the district court setting forth his findings and 18 conclusions. If the claimant or any person who filed an objection to the 19 accomplished transfer is aggrieved by the director's determination, they 20 may seek review before the district court. If the change is disallowed, 21 the claimant shall be entitled to resume use of the original water right, 22 provided such resumption of use will not cause injury or can be mitigated 23 to prevent injury to existing water rights. The unapproved change shall 24 not be deemed a forfeiture or abandonment of the original water right. 25 (b) This section is not applicable to any claim based upon an enlargement 26 of use. 27 SECTION 4. The Legislature finds and declares that the issue of the 28 Northern Idaho Water Rights Adjudications of the Coeur d'Alene-Spokane river 29 basin, the Palouse river basin, the Kootenai river basin and Clark Fork-Pend 30 Oreille river basin is of importance to the citizens residing within those 31 basins. For this reason, the Legislature herewith submits an advisory ballot 32 to those registered electors residing within the proposed boundaries of the 33 Coeur d'Alene-Spokane river basin, the Palouse river basin, the Kootenai river 34 basin and the Clark Fork-Pend Oreille river basin, and the results will guide 35 the Legislature as to whether the Northern Idaho Water Rights Adjudications 36 should proceed. 37 The proposed boundaries of the Coeur d'Alene-Spokane river basin, the 38 Palouse river basin, the Kootenai river basin and the Clark Fork-Pend Oreille 39 river basin shall be accurately described by the Director of the Department of 40 Water Resources and shall be accompanied by a map showing and distinguishing 41 boundaries and any intervening county lines, and the Director shall transmit 42 the same to the boards of county commissioners of each county in which any 43 portion of one (1) of the river basins is located. The descriptions and maps 44 so transmitted shall remain on file with the clerk of each respective county. 45 The boards of county commissioners of each county in which any portion of 46 the Coeur d'Alene-Spokane river basin, the Palouse river basin, the Kootenai 47 river basin or the Clark Fork-Pend Oreille river basin is located, shall have 48 the question below placed on the 2008 general election ballot for the regis- 49 tered electors who reside within the proposed boundaries of the Coeur d'Alene- 50 Spokane river basin, the Palouse river basin, the Kootenai river basin and the 51 Clark Fork-Pend Oreille river basin. Each board of county commissioners shall 52 see that the conduct of the election is consistent with the statutory provi- 53 sions of chapter 14, title 34, Idaho Code. The question shall be as follows: 4 1 "Should the State of Idaho proceed with commencement of Northern 2 Idaho Water Rights Adjudications for the following river basins 3 located in Northern Idaho: the Coeur d'Alene-Spokane river basin, the 4 Palouse river basin, the Kootenai river basin and the Clark Fork-Pend 5 Oreille river basin?". 6 SECTION 5. SEVERABILITY. The provisions of this act are hereby declared 7 to be severable and if any provision of this act or the application of such 8 provision to any person or circumstance is declared invalid for any reason, 9 such declaration shall not affect the validity of the remaining portions of 10 this act. 11 SECTION 6. An emergency existing therefor, which emergency is hereby 12 declared to exist, Sections 1, 4 and 5 of this act shall be in full force and 13 effect on and after passage and approval. Sections 2 and 3 of this act shall 14 be in full force and effect on and after July 1, 2009.
STATEMENT OF PURPOSE
RS 17894
The purpose of this legislation is to delay Northern Idaho
Adjudication until July 1, 2009 and provide for an advisory vote
in each basin at the next general election.
FISCAL NOTE
If the advisory vote does not require an extra page on the
ballot, the cost will be negligible. If the advisory vote
requires an extra page, the cost will be between $400 and a few
thousand dollars, depending upon the number of people in the
basin.
Contact
Name: Senator Gary Schroeder
Phone: 208-332-1324
Senator Shawn Keough
Senator Joyce Broadsword
Representative Dick Harwood
Phone: 208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1417