Bills resolved litigation between Idaho Power Company and the State

This post is part of a regular roundup of some of ICIE’s activities in and around the Idaho Legislature. Staffing limits mean we can’t cover every meeting. If there’s an item of interest to you at an upcoming meeting of one of the environment or agriculture committees, let us know and we’ll try to cover it. Agendas are available at www.state.id.us. Click on “Legislative” and click on “Calendars and agendas.”

Three bills were approved by the Senate Resources and Environment Committee last week that resolve litigation between the Idaho Power Company and the State of Idaho. Idaho Power filed suit in the Snake River Basin Adjudication in 2007. At issue were certain points of a 1984 agreement concerning the Swan Falls hydroelectric facility on the Snake River, about 40 miles southwest of Boise.

Jim Tucker, attorney for Idaho Power Company, Clive Strong from the Attorney General’s office and David Hensley with the Governor’s office were on hand to present the framework for the bills to a joint meeting of the House Resource and Conservation Committee and the Senate Resources and Environment Committee last week. They noted that the proposed legislation clarifies and reaffirms the original Swan Falls Agreement to the satisfaction of everyone involved.

S1167 requires that the Idaho Water Resources Board approve any recharge project in excess of 10,000 acre-feet because it may have effects on surface flows similar to those of a storage reservoir. Such a recharge project would go through a public process to evaluate and balance the effects of managed recharge in accordance with state law and the state water plan.
S1168 was replaced by S1185 and clarifies that the Swan Falls Agreement does not preclude use of water for recharge. It also confirms that ground water recharge rights will be issued in compliance with state law and the state water plan. It gives the Director of the Department of Water Resources the authority to determine the amount of water diverted for recharge and to operate aquifer recharge projects.

Finally, S1169 confirms in code the limitations on the Idaho Public Utilities Commission that are part of the 1984 Swan Falls settlement.
Senator Eskridge and others on the committee noted that the framework presented and the bills themselves are true to the intent of the original Swan Falls Agreement and will benefit Idaho. He commended the task force on its collaborative efforts.