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By
Hal Anderson, Planning and Technical Services Division Administrator
The roles and responsibilities of
the Board and the Department is a constant source of confusion to most
of the citizens we serve and even some of us in the department. This
article is an attempt to provide an overview on the responsibilities
of the Board and how it is supported by IDWR. Article XV, Section 7 of
the Idaho Constitution called for the creation of a “Water Resource
Agency” but did not establish the agency. In 1965, the 38th
legislature established the Idaho Water Resource
Board and defined its organization, powers and duties. Board
organization and duties are established in Idaho Code § 42-1732
through § 42-1734 for those of you that might be interested in
learning more.
My
understanding as to why the Board was created was concern that a more
politically powerful state or other entity would gobble up Idaho
water. When the Board was created it was provided authority, subject
to legislative approval to “formulate and adopt a comprehensive
state water plan for conservation, development, management and optimum
use of all unappropriated water resources and waterways of the state
in the public interest.”
When
the Board and the Department merged in 1974 Idaho Code § 42-1732 was
modified to put the Board within the Idaho Department of Water
Resources. To assist the Board the legislature added to the Additional
Duties of the Director, § 42-1805(6) “to perform administrative
duties and such other functions as the Board may from time to time
assign to the Director to enable the Board to carry out its powers and
duties.”
In
addition to formulating and implementing the state water plan and
comprehensive basin plans, which includes authorities to designate
natural and protected rivers, the Board also provides financial
assistance for water development and conservation projects. The Board
has two accounts, water management and revolving development that it
makes loans and grants from. The Board can also issue debt in the form
of revenue bonds, where the proceeds are loaned to the entity
requesting the financial assistance. The loan repayments then are the
revenue used to repay the debt service on the bonds. The Board also
adopts rules for well construction, well driller licensing, injection
wells, geothermal resources, mine tailings impoundments, safety of
dams and stream channel alterations. The Idaho Water Supply Bank is
also the Boards responsibility as well as implementing legislative
mandates as was done in 1995 with managed recharge. The most recent
example of legislative mandates was the acquisition of the Bell Rapids
water rights.
Additional
authorities and funding were given to the Board by the legislature
this past session to facilitate the purchase of the Bell Rapids water
rights for the purpose of satisfying the terms of the Nez Perce
Agreement and to provide a water source to help mitigate problems on
the Eastern Snake River Plain. The Water Board is made up of eight
members, appointed by the Governor to a four-year term. No more than
four can be from the same political party and to insure representation
of water users across the state one member is appointed from each of
four districts and no more than three can be from any one district.
Typically the Board meets every 6 to 8 weeks and often has special
telephonic meetings to address specific issues that need immediate
action. The Board has set up subcommittees to work on specific tasks
or programs. For example the Board recently established a new
subcommittee to evaluate the operation and use of the Water Supply
Bank. Cynthia Bridge-Clark and Brain Patton spent time briefing the
subcommittee and responding to questions that would be useful in
determining if there is a need for Water Bank rule changes or new
policies. In summary the Board is really about water resource
development and planning. The Director supports the Board as needed
and assigns us, as staff, to help carry out its powers and duties.
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