Idaho S 1101: WATER – Amends existing law to limit fees imposed for stock watering claims.

Bill Text

LEGISLATURE OF THE STATE OF IDAHO
Sixty-fourth Legislature First Regular Session - 2017
IN THE SENATE
SENATE BILL NO. 1101
BY RESOURCES AND ENVIRONMENT COMMITTEE
AN ACT1
RELATING TO WATER; AMENDING SECTION 42-1414, IDAHO CODE, TO LIMIT THE FEES2
IMPOSED FOR STOCK WATERING CLAIMS.3
Be It Enacted by the Legislature of the State of Idaho:4
SECTION 1. That Section 42-1414, Idaho Code, be, and the same is hereby5
amended to read as follows:6
42-1414. FEES FOR FILING NOTICE OF CLAIMS WITH THE DIRECTOR. (1) In7
order to provide an adequate and equitable cost-sharing formula for financ-8
ing the costs of adjudicating water rights the department of water resources9
shall accept no notice of claim required under the provisions of section10
42-1409, Idaho Code, unless such notice of claim is submitted with a filing11
fee based upon the fee schedule set forth below. Failure to pay the variable12
water use fee in accordance with the timetable provided shall be cause for13
the department to reject and return the notice of claim to the claimant. The14
fee schedule set forth below applies to adjudication proceedings commenced15
or enlarged on or after January 1, 1985.16
(a) Flat fee per claim filed:17
(i) Claims for domestic and/or stock watering rights .....$25.0018
Provided however, and notwithstanding any other provision of law, fees19
for stock watering right claims, regardless of the number of claims20
filed, shall only be imposed on the first four (4) claims per claimant,21
and there shall be no other fees or costs imposed for such claims.22
(ii) Claims for all other rights ........................$50.0023
(b) Additional variable water use fee for claims filed based upon24
acreage, power generating capacity, c.f.s., or equivalent volume of25
water:26
(i) Irrigation use (one fee irrespective of number of claims):27
............................................... $1.00 per acre28
(ii) Power: ..... $3.50 per kilowatt of capacity (manufacturer's29
nameplate rating), or $250,000, whichever is less30
(iii) Aquaculture: ..........................$10.00 per c.f.s.31
(iv) Municipal, industrial, commercial, mining, heating, cool-32
ing: .......................................$100.00 per c.f.s.33
(v) Public instream flow, public lake level maintenance,34
wildlife: ..................................$100.00 per c.f.s.35

2
(c) All fees collected by the department pursuant to this section shall1
be placed in the water resources adjudication account established in2
section 42-1777, Idaho Code.3
(2) If a claimant increases in an amended notice of claim the amount of4
water claimed, the amount of land irrigated, or the kilowatt capacity of the5
generating facility, the claimant shall pay upon filing the amended notice6
of claim an additional variable fee in accordance with the rates set forth in7
subsection (1) of this section. Claimants shall be entitled to a return of8
filing fees or late fees only where the fee was miscalculated at the time the9
original or amended notice of claim was filed.10
(3) If a claimant files a notice of claim after the date set by the di-11
rector in the notice mailed or served in accordance with subsections (2),12
(3), or (4) of section 42-1408, Idaho Code, or with subsection (7) of sec-13
tion 42-1409, Idaho Code, the claimant shall pay the fee set forth in subsec-14
tion (1) of this section, and in addition, the amount of fifty dollars ($50)15
or fifteen percent (15%) of the original filing fee, whichever is greater.16
The director may waive the late processing fee or a portion thereof for good17
cause.18