42-1734B. BOARD PROCEDURES FOR ADOPTING A COMPREHENSIVE STATE WATER PLAN. (1) Prior to the adoption of the comprehensive state water plan or any component of the comprehensive plan, the board shall conduct hearings in the manner provided in section 42-1734A, Idaho Code.
(2) In the preparation, adoption, and implementation of the comprehensive state water plan, the board shall encourage the cooperation, participation, and assistance of state agencies. The board also shall solicit economic, energy, environmental, and other technical studies and recommendations from state agencies with particular expertise. All agencies of the state of Idaho shall cooperate with the board by providing requested existing information and studies pertaining in any manner to any matters which are the subject of this act. The board shall have discretion to balance all factors relevant to the formulation, adoption and implementation of the comprehensive state water plan and implementation and the designation of protected rivers.
(3) Any state agency may petition the board to amend the comprehensive state water plan. The board shall review any petition filed pursuant to this section within six (6) months after it is filed and shall either commence action to amend the comprehensive plan or set forth its reasons for denying the request in writing.
(4) All state agencies shall exercise their duties in a manner consistent with the comprehensive state water plan. These duties include but are not limited to the issuance of permits, licenses, and certifications; provided, however, that nothing in this chapter shall be construed to affect the authority of any state agency with respect to activities not prohibited by the comprehensive state water plan. The designation of a waterway as a natural or recreation river shall not preclude the department of health and welfare from establishing water quality standards for such waterway.
(5) When a comprehensive state water plan is adopted, copies thereof shall be filed in the office of the governor and director of the department of water resources, and published and distributed generally.
(6) The comprehensive state water plan and any component thereof developed for a particular waterway or waterways is subject to review and amendment by the legislature of the state of Idaho by law at the regular session immediately following the board’s adoption of the comprehensive state water plan or component thereof.
(7) The board shall submit all subsequent changes to the legislature as provided in section 7, article XV, of the constitution of the state of Idaho. The board shall also use best efforts to provide notice of all subsequent changes to each member of the legislature on or before the first day of the regular legislative session following the change.
(8) The board shall review and reevaluate Part A of the comprehensive state water plan, or any one (1) or more of the component water plans comprising Part B of the comprehensive state water plan, upon the adoption of a concurrent resolution of the legislature directing the review or requesting a specific amendment to the plan. The board also may undertake the review in response to a petition for amendment filed pursuant to subsection (3) of this section, or upon the board’s own initiative, as determined necessary by the board. Amendments to Part A or Part B of the comprehensive state water plan shall be adopted in the same manner as the original plan.
(9) A protected river designated by the board shall not become a final part of the comprehensive state water plan until approved by law. If the legislature does not approve a protected river by law at the regular session immediately following the board’s designation of such protected river, then the designation of such protected river shall terminate and any prohibition or terms and conditions imposed on such protected river pursuant to subsection (5) or (6) of section 42-1734A, Idaho Code, shall be terminated ten (10) days following the end of the session. The failure to approve a protected river shall not operate to invalidate a comprehensive plan or component thereof. Nothing in this subsection shall prevent the legislature, however, from approving such protected river and reinstituting or modifying such prohibitions or terms and conditions in a subsequent session.
(10) After adoption of a comprehensive plan or component thereof, the board shall administer the implementation of the plan.
History:
[42-1734B, added 1988, ch. 370, sec. 5, p. 1098; am. 1998, ch. 63, sec. 2, p. 223; am. 2017, ch. 131, sec. 1, p. 308.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD
Section 42-1701 - CREATION OF DEPARTMENT OF WATER RESOURCES — DIRECTOR — QUALIFICATIONS — DUTIES.
Section 42-1701A - HEARINGS BEFORE DIRECTOR — APPEALS.
Section 42-1701B - ENFORCEMENT PROCEDURE — NOTICE — CONSENT ORDER — CIVIL ACTION.
Section 42-1702 - DUTY TO SUPPLY INFORMATION.
Section 42-1703 - ATTORNEY GENERAL TO ADVISE DIRECTOR.
Section 42-1704 - DIRECTOR TO MAKE REPORT.
Section 42-1705 - COOPERATION WITH UNITED STATES GEOLOGICAL SURVEY.
Section 42-1706 - ADDITIONAL DUTIES OF DIRECTOR.
Section 42-1709 - INSPECTION AND OVERSIGHT ON COMPLAINT OR DIRECTOR’S DETERMINATION.
Section 42-1711 - DEFINITIONS.
Section 42-1716 - NOTICE OF COMPLETION — FILING OF SUPPLEMENTARY DRAWINGS OR DESCRIPTIVE MATTER.
Section 42-1718 - REMEDIAL MEANS FOR PROTECTION OF LIFE AND PROPERTY.
Section 42-1719 - ISSUANCE OF CERTIFICATES OF APPROVAL — REVOCATION — APPEAL.
Section 42-1720 - VIOLATIONS OF CHAPTER — PENALTIES.
Section 42-1730 - STATEMENT OF PURPOSE.
Section 42-1731 - DEFINITIONS.
Section 42-1732 - IDAHO WATER RESOURCE BOARD.
Section 42-1733 - ORGANIZATION.
Section 42-1734 - POWERS AND DUTIES.
Section 42-1734A - COMPREHENSIVE STATE WATER PLAN.
Section 42-1734B - BOARD PROCEDURES FOR ADOPTING A COMPREHENSIVE STATE WATER PLAN.
Section 42-1734C - STATUS OF COMPREHENSIVE STATE WATER PLAN BEFORE FEDERAL AGENCIES.
Section 42-1734D - DESIGNATION OF INTERIM PROTECTED RIVERS.
Section 42-1734F - RIGHTS NOT AFFECTED.
Section 42-1734G - WATER RIGHTS.
Section 42-1734H - DESIGNATION OF PARTICULAR RIVERS AS INTERIM PROTECTED RIVERS.
Section 42-1734I - DESIGNATION UNDER FEDERAL LAW.
Section 42-1735 - APPOINTMENT OF COUNSEL — HEARING OFFICERS.
Section 42-1736B - WATER RESOURCE POLICY ACTIONS.
Section 42-1738 - VESTED WATER RIGHTS PROTECTED — POLICY OF PROJECT OPERATION AFTER PAY-OUT DEFINED.
Section 42-1739 - BOND AUTHORIZATION.
Section 42-1742 - SPECIAL FUNDS.
Section 42-1746 - FUNDING, REFUNDING BONDS.
Section 42-1747 - TAX EXEMPTION.
Section 42-1748 - CONSTRUCTION OF ACT.
Section 42-1749 - COMPELLING ISSUANCE.
Section 42-1750 - REVOLVING FUND — PUBLIC POLICY AND PURPOSE.
Section 42-1751 - DEFINITIONS.
Section 42-1752 - ESTABLISHMENT OF IDAHO WATER RESOURCE BOARD REVOLVING DEVELOPMENT FUND.
Section 42-1753 - SOURCE OF FUND.
Section 42-1754 - ALLOCATION OF FUND.
Section 42-1755 - PROJECTS — PLANS AND COST ESTIMATES — REPAYMENT CONTRACTS — TITLE.
Section 42-1757 - MEMBERS OF BOARD — CONFLICTS OF INTEREST.
Section 42-1758 - RULES AND REGULATIONS.
Section 42-1759 - ANNUAL REPORT AND FINANCIAL STATEMENT TO GOVERNOR AND LEGISLATURE.
Section 42-1760 - WATER MANAGEMENT ACCOUNT.
Section 42-1761 - WATER SUPPLY BANK CREATED.
Section 42-1762 - RULES AND REGULATIONS — ACQUISITION OF WATER RIGHTS.
Section 42-1763 - RENTALS FROM BANK — APPROVAL BY DIRECTOR.
Section 42-1765 - LOCAL COMMITTEES — RENTAL OF STORED WATER — APPORTIONMENT OF RENTAL PROCEEDS.
Section 42-1765A - LEMHI RIVER BASIN — LOCAL RENTAL COMMITTEE.
Section 42-1766 - APPEALS PROCEDURE FOR WATER RIGHT HOLDERS.
Section 42-1775 - DECLARATION OF POLICY AND PURPOSE.
Section 42-1776 - WATER RESOURCES CONSERVATION AND DEVELOPMENT TRUST ACCOUNT.
Section 42-1777 - WATER RESOURCES ADJUDICATION FUND.
Section 42-1778 - WATER RIGHTS ENFORCEMENT ACCOUNT.
Section 42-1779 - STATEWIDE COMPREHENSIVE AQUIFER PLANNING AND MANAGEMENT EFFORT.