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ID H0186

Bill

Status

Passed

4/14/2021

Primary Sponsor

Resources and Conservation Committee

Click for details

Origin

House of Representatives

2021 Regular Session

AI Summary

  • Amends Idaho Code Section 42-1409 to allow claimants of stockwater rights on federal land to use the date of the first grazing permit issued on the federal grazing allotment as evidence of priority date, unless they have evidence of earlier stockwater use.

  • Requires notice of claim forms to include specific information about stockwater on federal land, including the federal grazing allotment name, managing federal agency, and legal description of the base property to which the water right is appurtenant.

  • Amends Idaho Code Section 42-1411 to establish that the director shall accept the date of the first grazing permit as prima facie evidence of priority date for stockwater use on federal land, unless the claimant produces evidence of earlier use.

  • Creates a rebuttable presumption that a claimant's base property for stockwater on federal land relates back to the base property when the first grazing permit was issued or when water was first applied to beneficial use on the federal land.

  • Clarifies that places of use described using digital boundaries or similar technology shall not receive greater weight than traditional descriptions by metes and bounds or other adequate methods for describing water rights.

Legislative Description

Amends existing law to revise provisions regarding notices of claim associated with the use of stockwater on federal land and to revise provisions regarding the director's determination of specified elements to define and administer the water rights acquired under state law.

WATER

Last Action

Reported Signed by Governor on April 9, 2021 Session Law Chapter 159 Effective: 07/01/2021

4/14/2021

Committee Referrals

Resources and Environment3/4/2021
Resources and Conservation2/17/2021

Full Bill Text

No bill text available