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     Idaho Statutes

Idaho Statutes are updated to the website July 1 following the legislative session.


42-1760.  Water management account. (1) There is hereby created and established in the trust and agency fund the water management account. All moneys in the account are appropriated continuously to the water resource board to be used and administered by it for the purposes specified in subsection (2) of this section and shall not be subject to the provisions of the standard appropriations act of 1945 or section 67-3516, Idaho Code. The state treasurer shall invest the idle moneys of the account, and the interest earned on such investments shall be retained by the account.
(2)  The board may expend, loan, or grant moneys from the water management account for water projects, including studies, that conserve or increase water supply, improve drought resiliency, address water sustainability, or support flood management. The board shall have the authority to determine which water projects receive funds subject to the requirements of this section.
(a)  Expenditures from the water management account shall be subject to the following provisions:
(i)   Expenditures may be made from the account to provide public moneys for participation in any project constructed with funds from the water resource board revolving development account provided by section 42-1756, Idaho Code.
(ii)  Expenditures may include but are not limited to the state’s participation in the costs of the following projects:
1.  The construction of a raise of Anderson ranch dam, located on the south fork of the Boise river;
2.  The Mountain Home air force base water delivery and treatment systems; and
3.  The identification, study, construction, or enlargement of managed aquifer recharge sites, ground water to surface water conversion projects, and water measurement infrastructure above Milner dam that, based on scientific data and technical analysis, address the restoration of the eastern Snake plain aquifer and advance the state’s commitments under senate concurrent resolution 136 and senate concurrent resolution 138, adopted by the second regular session of the sixty-third Idaho legislature.
(iii) When selecting a project pursuant to subparagraph (ii) of this paragraph, the board shall consider:
1.  The effects of such project on existing water rights, water quality, fish and wildlife, recreation, hydropower, and other water uses that provide economic value, stability, water sustainability, drought resiliency, and other benefits to the citizens of the state; and
2.  Public input on the projects.
(b)  The board may issue loans from the water management account based on terms and conditions approved by the board.
(c)  The board may issue grants from the water management account. The board shall develop criteria, considering the public’s input, for grants issued by the board, which shall be competitive, matching grants that prioritize projects based on the public benefits they provide. Considerations of public benefits should include:
(i)   The protection of existing water rights;
(ii)  Water quality, fish and wildlife, recreation, hydropower, and other water uses that provide economic value, stability, water sustainability, drought resiliency, and other benefits to the citizens of the state;
(iii)  Anticipated future water needs; and
(iv)  Addressing aging water storage and delivery infrastructure, including projects that provide irrigation, environmental, safety, or recreational benefits.
(d)  Preference for the distribution of funds shall be given with at least fifty percent (50%) matching funds provided by parties other than the state. In the event of in-kind contributions, the board shall determine the value of the in-kind contribution.
(3)  On or before the first day of each regular legislative session, the board shall submit to the legislature a report relating to the prior and current fiscal year that includes the following information:
(a)  A list of all projects considered by the board to receive funds from the water management account;
(b)  A statement of all projects receiving moneys from the water management account, including:
(i)   A description of how the project meets the purposes of the water management account, as identified in subsection (2) of this section;
(ii)  A statement of all moneys expended or obligated from the water management account for the project; and
(iii) A status report on the project, including identification of work begun or completed and any anticipated further work within the next calendar year; and
(c)  Any anticipated future projects for which funding may be requested from the water management account.
This information shall also be included as part of the board’s budget report to the joint finance-appropriations committee during each legislative session.
(4)  The director of the department of water resources shall assist the board in any way the board deems necessary to fulfill the policy and purpose of the water management account, including technical evaluation of proposed projects and coordination in state and federal agencies.

[42-1760, added 1978, ch. 356, sec. 1, p. 939; am. 1988, ch. 217, sec. 1, p. 412; am. 2019, ch. 317, sec. 2, p. 941; am. 2021, ch. 161, sec. 1, p. 457; am. 2023, ch. 96, sec. 1, p. 290.]

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