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S1353..........................................by RESOURCES AND ENVIRONMENT WATER - Amends existing law relating to water to provide that all domestic uses and all stock watering uses shall be exempt from all measuring device installation and maintenance and measuring and reporting relating to measuring requirements. 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 02/18 To 14th Ord 02/26 Rpt out - w/o amen - Ret'd to Res/Env
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1353 BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO WATER; AMENDING SECTION 42-701, IDAHO CODE, TO PROVIDE THAT ALL 3 DOMESTIC USES AND ALL STOCK WATERING USES SHALL BE EXEMPT FROM ALL MEASUR- 4 ING DEVICE INSTALLATION AND MAINTENANCE, MEASURING AND REPORTING RELATING 5 TO MEASURING REQUIREMENTS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 42-701, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 42-701. INSTALLATION AND MAINTENANCE OF CONTROLLING WORKS AND MEASURING 10 DEVICES BY WATER APPROPRIATORS -- PROCEDURE UPON FAILURE TO INSTALL AND MAIN- 11 TAIN -- MEASURING AND REPORTING OF DIVERSIONS -- PENALTY FOR FAILURE TO COMPLY 12 -- ENFORCEMENT PROCEDURE -- REPORT FILING FEE. (1) The appropriators or users 13 of any public waters of the state of Idaho shall maintain to the satisfaction 14 of the director of the department of water resources suitable headgates and 15 controlling works at the point where the water is diverted. Each device shall 16 be of such construction that it can be locked and kept closed by the water- 17 master or other officer in charge, and shall also be of such construction as 18 to regulate the flow of water at the diversion point. Each such appropriator 19 shall construct and maintain, when required by the director of the department 20 of water resources, a rating flume or other measuring device at such point as 21 is most practical in such canal, ditch, wellhead or pipeline for the purpose 22 of assisting the watermaster or department in determining the amount of water 23 that may be diverted into said canal, ditch, wellhead or pipeline from the 24 stream, well or other source of public water. Plans for such headgates, rating 25 flumes or other measuring devices shall be approved by the department of water 26 resources. 27 (2) If an appropriator determines that installation and maintenance of a 28 measuring device required by the director would be burdensome for his diver- 29 sion, the appropriator may, upon approval of the director, execute an agree- 30 ment with the director and submit to the director such information and techni- 31 cal data concerning the diversion and pumping facilities as the director 32 determines necessary to establish the relationship of power usage to water 33 withdrawal by any pump used to divert public water. 34 (3) Any appropriator or user of the public waters of the state of Idaho 35 that neglects or refuses to construct or maintain such headgates, controlling 36 works, or measuring devices, or has not executed an agreement in lieu of a 37 measuring device as provided in subsection (2) of this section, upon receiving 38 ten (10) days' notice from the director of the department of water resources 39 within which to begin and diligently pursue to completion the construction or 40 installation of the required device or devices or to begin and diligently pur- 41 sue to completion a remedy to such defects as exist in accordance with said 42 notice, then the director of the department of water resources may order the 43 duly qualified and acting watermaster of the water district to shut off and 2 1 refuse to deliver at the point of diversion, the water owned by such appropri- 2 ator or user until the user does construct and maintain such headgates, con- 3 trolling works or measuring devices or remedy the defects which exist or the 4 director may take action pursuant to section 42-1701B, Idaho Code, to enforce 5 the requirement to construct, install or maintain such devices. 6 (4) The appropriators or users of the public waters of the state of Idaho 7 shall be given a reasonable time within which to complete construction of such 8 headgates, controlling works or measuring devices, depending upon the size and 9 extent thereof, when due diligence has been used in the prosecution of such 10 work. 11 (5) All appropriators of the public waters of the state of Idaho who are 12 given thirty (30) days' written notice by the director prior to the beginning 13 of the irrigation season but no later than March 15 of any year, shall measure 14 their water diversions and report said diversions annually thereafter on a 15 form approved by the director of the department of water resources. Such 16 report shall include: a legal description of the point of diversion, the num- 17 ber assigned to each water right diverting from the public waters of the 18 state, the maximum authorized rate of diversion, the maximum rate at which 19 diversions have been made during the reporting period, the total volume 20 diverted during the reporting period, and a description of the physical 21 changes to the diversion works that have been made during the reporting 22 period. The appropriator shall furnish each year the depth to water in any 23 well prior to commencement of pumping, the depth to water during the pumping 24 period, and the pressure in the pipe distribution system during diversion if 25 the well is not free flowing. When the director of the department of water 26 resources determines that any person is in substantial violation of any provi- 27 sion of this section or any rule, permit, condition of approval or order 28 issued or promulgated pursuant to this section, the director may commence an 29 administrative enforcement action by issuing a written notice of violation in 30 accordance with the provisions of section 42-1701B, Idaho Code. Subsections 31 (5) and (6) of this section shall not apply to: 32 (a) any appropriator or water user with respect to a water right included 33 in an active water district created pursuant to chapter 6, title 42, Idaho 34 Code, the annual report of which meets the reporting requirements of sec- 35 tion 42-708, Idaho Code; 36 (b) any irrigation district or ground water district having shown to the 37 satisfaction of the director that they are currently making and recording 38 sufficient measurements of their diversions with measuring methods accept- 39 able to the director and upon their agreement to provide an annual report 40 of their diversions to the director in substantially the same form as 41 required in section 42-708, Idaho Code; and 42 (c) any water right included in an active water measurement district cre- 43 ated pursuant to this chapter. 44 (6) The director of the department of water resources shall collect a 45 report processing fee of twenty-five dollars ($25.00) per diversion required 46 to be reported, including those diversions covered by an agreement in lieu of 47 a measuring device as provided in subsection (2) of this section. Such fee 48 shall be submitted with the annual report of diversions and well data. All 49 such fees received by the department shall be deposited in the water adminis- 50 tration account created pursuant to section 42-238a, Idaho Code, for use by 51 the department to collect, analyze and report water use information and to 52 regulate water withdrawal and use. 53 (7) Notwithstanding any other provision of law, aAll domestic uses, as 54 defined in section 42-111, Idaho Code, and all stock watering uses, as defined 55 in section 42-1401A, Idaho Code, shall be exempt fromtheall measuring device 3 1 installation and maintenance, measuring, and reporting relating to measuring 2 requirements.of this section.
STATEMENT OF PURPOSE
RS 17661
One concern that has arisen during the discussion of the proposed
North Idaho Adjudication (NIA) is that people who have domestic
wells would be forced to place meters on them and that in time,
ultimately, meters would allow the charging of money for the use
of water from these wells.
This legislation attempts to make it clear that thereis no
intention on the part of the Idaho State Legislature to place
meters on domestic wells.
FISCAL IMPACT
There is no fiscal impact on the state's general fund from this
legislation.
Contact
Name: Senator Shawn Keough
Phone: 208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1353