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S1352..........................................by RESOURCES AND ENVIRONMENT
WATER - Amends existing law relating to water to revise fee provisions for
filing notice of claims with the director of the Department of Water
Resources.
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 - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Corder
Floor Sponsor - 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 - 62-0-8
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, Patrick, Pence, Roberts, Ruchti,
Rusche, Sayler, Shepherd(02), Shepherd(08), Shively, Smith(30),
Smith(24), Snodgrass, Stevenson, Thayn, Thomas, Vander Woude, Wills,
Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Black, Block, 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 148
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1352 BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO WATER; AMENDING SECTION 42-1414, IDAHO CODE, TO REVISE FEE PROVI- 3 SIONS FOR FILING NOTICE OF CLAIMS WITH THE DIRECTOR OF THE DEPARTMENT OF 4 WATER RESOURCES. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 42-1414, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 42-1414. FEES FOR FILING NOTICE OF CLAIMS WITH THE DIRECTOR. (1) In order 9 to provide an adequate and equitable cost-sharing formula for financing the 10 costs of adjudicating water rights the department of water resources shall 11 accept no notice of claim required under the provisions of section 42-1409, 12 Idaho Code, unless such notice of claim is submitted with a filing fee based 13 upon the fee schedule set forth below. Failure to pay the variable water use 14 fee in accordance with the timetable provided shall be cause for the depart- 15 ment to reject and return the notice of claim to the claimant. The fee sched- 16 ule set forth below applies to adjudication proceedings commenced or enlarged 17 on or after January 1, 1985. 18 (a) Flat fee per claim filed: 19 (i) Claims for domestic and/or stock watering rightsbased on per-20mit, license, decree or statutory claim..................... $250.00 21 (ii) Claims for all other rights ......................... $10050.00 22 (b) Additional variable water use fee for claims filed based upon acre- 23 age, power generating capacity, c.f.s., or equivalent volume of water: 24 (i) Irrigation use (one fee irrespective of number of claims): 25 ..................................................... $21.00 per acre 26 (ii) Power: ................................. $7.003.50 per kilowatt 27 of capacity (manufacturer's nameplate rating), or $250,000, whichever 28 is less 29 (iii) Aquaculture: ............................... $210.00 per c.f.s. 30 (iv) Municipal, industrial, commercial, mining, heating, cooling: 31 ................................................. $2100.00 per c.f.s. 32 (v) Public instream flow, public lake level maintenance, wildlife: 33 ................................................. $2100.00 per c.f.s. 34 (c) All fees collected by the department pursuant to this section shall 35 be placed in the water resources adjudication account established in sec- 36 tion 42-1777, Idaho Code. 37 (2) If a claimant increases in an amended notice of claim the amount of 38 water claimed, the amount of land irrigated, or the kilowatt capacity of the 39 generating facility, the claimant shall pay upon filing the amended notice of 40 claim an additional variable fee in accordance with the rates set forth in 41 subsection (1) of this section. Claimants shall be entitled to a return of 42 filing fees or late fees only where the fee was miscalculated at the time the 43 original or amended notice of claim was filed. 2 1 (3) If a claimant files a notice of claim after the date set by the 2 director in the notice mailed or served in accordance with subsections (2), 3 (3), or (4) of section 42-1408, Idaho Code, or with subsection (7) of section 4 42-1409, Idaho Code, the claimant shall pay the fee set forth in subsection 5 (1) of this section, and in addition, the amount ofone hundredfifty dollars 6 ($1050) or fifteen percent (15%) of the original filing fee, whichever is 7 greater. The director may waive the late processing fee or a portion thereof 8 for good cause.
STATEMENT OF PURPOSE
RS 17660
The purpose of this legislation is to restore the funding levels
for fees for filing notice of claims for water adjudication to
the point they were at prior to the passing of the North Idaho
Adjudication (NIA), which was a driving factor in the increase.
Northerners have expressed concern that the doubling of fees is
unfair and that they should pay the same amount as southerners
did during the Snake River adjudication. This legislation
accomplishes that leveling and fairness.
Additionally this legislation caps the filing fee for power
generation projects at a maximum of $ 250,000.00 each. Amending
this fee structure will relieve utility customers of excessive
filing fees while still providing adequate resources to the Idaho
Dept. Of Water Resources and the court to adjudicate northern
Idaho water rights claims.
FISCAL IMPACT
The fiscal note on HB 545 in the 2006 Legislative Session, which
raised the fees for the purpose of assisting in the funding of
the NIA projected that these increases would provide
approximately one third of the cost. Based upon that projection
this bill may reduce income for that project by a third. Further
under current law, only one entity is required to file power
generation water rights claims in northern Idaho. Avista
Corporation owns two power generation facilities in Idaho, one at
Post Falls and the other east of Hope. Avista's fees under this
proposal will total $ 353,250.00, representing a net increase of
$ 250,000.00 compared to the original budget calculations for the
NIA.
Contact
Name: Senator Shawn Keough
Phone: 208 332 1000
Neil Colwell, Avista Utilities 208 343 3821
STATEMENT OF PURPOSE S 1352