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ID H0050
Bill
Status
3/12/2013
Primary Sponsor
Resources and Conservation Committee
Click for details
AI Summary
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Director of Idaho Department of Water Resources may limit hydropower permits or licenses to a specific term, which may be a fixed date or by reference to a FERC license or other federal authorization.
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Terms established by reference to a hydropower project's FERC license automatically extend to run concurrently with any annual renewals of that FERC license.
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Prior to issuance of a subsequent or new FERC license, the director may review the water right license and issue orders to cancel, establish new terms, or revise conditions; if no order is issued, the term automatically extends equal to the subsequent FERC license length with original conditions remaining in effect.
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For terms not established by reference to a FERC license, the director may review prior to term expiration and issue orders to modify the water right; if no order is issued, the term automatically extends for a length equal to the original term with original conditions remaining in effect.
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Terms once established shall not be modified except in accordance with due process of law prior to expiration, and provisions do not apply to licenses already issued as of July 1, 1985.
Legislative Description
Amends existing law relating to hydropower to revise provisions relating to the authority of the director of the Department of Water Resources to limit a permit or license for power purposes to a term; to provide for the automatic extension of a term with annual renewals of the project's FERC license; to provide for the director's review of terms not established by reference to a project's FERC license prior to expiration of the term; to provide that the director may review water right licenses and issue certain orders; and to provide for automatic extension of terms where such order is not issued and for the continued effectiveness of original conditions.
HYDROPOWER
Last Action
Reported Signed by Governor on March 12, 2013 Session Law Chapter 45 Effective: 07/01/13
3/12/2013