TED DIEHL, CHAIRMAN ISSUE #2

LEGISLATIVE COMMITTEE March 20, 2000

208-342-2319 SHERL L. CHAPMAN

EDITOR

BILL NO./ POSITION

TITLE AND SHORT DESCRIPTION

SENATE ACTION

HOUSE

ACTION

FINAL ACTION

HB 400

Supports

FIRE FIGHTING WATER - Allows water to be used to extinguish an existing fire with or without a water right. Codifies a Supreme Court ruling that water for a fire is an acceptable use.

Res. & Env. Comm.

2/1 Passed

68-0-2

 

HB 461

Supports

MINE TAILINGS BOND - Codifies present water resource department rule to have a bond for mine tailings and mine closure.

Res. & Env. Comm.

2/8

Passed

67-0-3

 

HB 494

Supports

I. B. PERRINE BRIDGE - Designates the bridge spanning the Snake River on U.S. Highway 93 south of Interstate Highway 84, near the City of Twin Falls, Idaho, as the I. B. Perrine Bridge.

3rd Reading Calendar

2/11

Passed

61-0-9

 

HB 544

Supports

WATER RIGHT ENLARGEMENT NOTIFICATION - Reduces the response period for the petition to assert injury from 120 days to 30 days and sets the date for mitigation.

3rd Reading Calendar

2/24

Passed

56-0-14

 

HB 545

Supports

CHANGE OF OWNERSHIP OF WATER RIGHTS - Extends the time periods for filing certain information with the Department of Water Resources; to charge for fees; and to provide a procedure for receiving notice of certain actions affecting a water right.

3rd Reading Calendar

2/24

Passed

57-0-13

 

HB 546

Supports

FRIVOLOUS PROTESTS - Authorizes the Director of the Department of Water Resources to impose sanctions for filing a protest of water right filings with the department that is not reasonably grounded in fact or law.

Res. & Env. Comm.

2/25

Passed

53-10-7

 

HB 732

Supports if amended

SALE OR TRANSFER OF ELECTRIC UTILITIES - Requires any authorization approving the sale or transfer of water rights used for generation shall protect the historic use of water and that the public interest relating to hydropower water rights will not be adversely affected.

 

3rd Reading Calendar

 

HB 747

No Position

SALES TAX EXEMPTIONS - Repeals certain sales tax exemptions and provides for an analysis of each exemption with a report to the Governor and the Legislature. Would impact irrigation organizations.

 

Rev. & Tax. Comm.

 

SB 1336

Supports

BIG PAYETTE WATER QUALITY PLAN - Provides that the Big Payette Lake Water Quality Council will assist and coordinate the implementation of the existing plan with federal, state and local authorities for an additional seven years.

2/8

Passed

34-0-1

2/25

Passed

57-0-13

 

SB 1337

Neutral

WATER RIGHTS FEES - Increases filing fees for a transfer application. The fee is based on the amount of water sought to be changed.

3/9

Passed

30-2-3

3rd Reading Calendar

 

SB 1338

Supports

WASTE IMPOUNDMENT STRUCTURES - Provides that the Department of Water Resources may enter into agreements with other state agencies to avoid duplicate regulation of impoundment structures.

3/9

Passed

31-0-4

3rd Reading Calendar

 

SB 1351

Supports

WATER PLAN - Clarifies that the Department of Water Resources is responsible for water quantity and the Division of Environmental Quality is responsible for water quality.

2/24

Passed

31-2-2

3rd Reading Calendar

 

SB 1407

Oppose unless amended

TRANSPORTATION - RIGHTS-0F-WAY - Clarifies mapping of highways and rights-of-way by commissioners of highway jurisdictions; to revise the use of surveys when a highway jurisdiction validates a highway or public right-of-way; to provide a procedure for validation of a federal land right-of-way; and to provide for recording acknowledgements of federal land rights-of way.

3rd Reading Calendar As Amended

   

SB 1408

Oppose unless amended

TRANSPORTATION - RIGHTS-OF-WAY - Revises the definition of a "public right-of-way"; to provide that gates are encroachments; to increase the fine for unlawful encroachments on public rights-of-way.

3rd Reading Calendar

   

SB 1418

Supports

MINIMUM WATER CHARGE - Amends 42-612 to provide for an annual minimum charge not to exceed fifty dollars per water user for watermaster services and provide a penalty for late assessments.

3/7

Passed

26-5-4

3rd Reading Calendar

 

SB 1419

Supports

OFF STREAM LIVESTOCK WATER RIGHTS - Allows an instream stockwater right to be changed to an off stream stockwater right through an expedited process without loss of priority.

3/14

Passed As Amended

35-0-0

Res. & Con. Comm.

 

SB 1423

Supports

NON-IRRIGATION PENALTY - Amends 42-1701B to increase the penalties for non-irrigation uses for water illegally used or diverted. The penalty increases from $50/day to $500/day per 0.1 c.f.s. or part thereof.

3/9

Failed

13-20-2

   

SB 1426

Supports

DIVISION OF ENVIRONMENTAL QUALITY TO DEPARTMENT STATUS - Creates a Department of Environmental Quality and Board of Environmental Quality separate from the Department of Health and Welfare.

3/9

Passed

31-0-4

3rd Reading Calendar

 

SB 1447

Supports with amendments

FORFEITURE DEFENSES - Provides for specific defenses to forfeiture of water rights; and that the Director of the Department of Water Resources may approve a ground water management plan for water withdrawals.

3/9

Passed

31-0-4

3rd Reading Calendar

 

SB 1488

Supports

RARE AND DECLINING SPECIES CONSERVATION - Creates the Office of Rare and Declining Species Conservation within the Dept. of Fish and Game and will coordinate the implementation of conservation strategies regarding the management of rare and declining species with other state agencies.

Held in Res. & Env. Comm.

   

SB 1489

Supports

RESUBMISSION OF APPLICATIONS BASED ON LOCAL PUBLIC INTEREST - When a transfer or application of a water right is denied or withdrawn because of the local public interest that change cannot be resubmitted for a 5 year period.

3/7

Passed

30-1-4

Res. & Con. Comm.

 

SB 1490

Supports

OFFICE OF SPECIES CONSERVATION - Creates an Office of Species Conservation in the Office of the Governor and provides for a delisting management team.

3/16

Passed

29-4-2

Res. & Con. Comm.

 

SB 1517

Supports

IRRIGATION PENALTY - Provides that persons who make a change to a lateral ditch or buried irrigation conduit contrary to the Idaho Code are guilty of a misdemeanor.

3rd Reading Calendar

   

SCR 145

Supports

MINIMUM STREAM FLOW - Approves an application of the Idaho Water Resource Board to appropriate water for a minimum stream flow on the North Fork Payette River tributary to Big Payette Lake and the Payette River.

Res. & Env. Comm.