2008 Legislation
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SENATE BILL NO. 1352<br /> – Water, notice of claims, fees


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Bill Status

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

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

Bill Text

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


                                       IN THE SENATE

                                    SENATE BILL NO. 1352


  1                                        AN ACT

  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:

  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 rights based on per-
 20             mit, 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.


  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 of one hundred fifty 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 / Fiscal Impact

                     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

Name:  Senator Shawn Keough
Phone: 208 332 1000
Neil Colwell, Avista Utilities 208 343 3821

STATEMENT OF PURPOSE                                  S 1352