Area of Notice Bannock Creek Drainage All surface and ground water rights in drainage Approximately 80 – 90 notices sent.

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Presentation transcript:

Area of Notice Bannock Creek Drainage All surface and ground water rights in drainage Approximately 80 – 90 notices sent

Number of Water Rights in Area About 266 water rights total (all water uses) About 189 rights for domestic, stock water About 77 irrigation rights Irrigated land is approx 12,000 acres as per water rights Nearly half of water right irrigated lands owned by Sho-Ban Tribe

Why Create a Water District for this area? SRBA completed for this area SRBA District Court approved Interim Administration, November 28, 2012 Water Delivery Call received Pursuant to Conjunctive Management Rules Water District needs to be established to address call Prior SW Delivery Calls/Distribution on streams with no water district watermaster

Why Create a Water District for this area? Regulation - delivery of water by priority rights - assure diversions within water right limits - address unauthorized uses Administer/Manage water rights - maintain current/accurate records (ownership & water right descriptions)

Water Districts Chapter 6, Title 42, Idaho Code Created by order of Director of IDWR for purposes of water right administration, specifically, distribution of water from public or natural water sources in accordance with water right priority dates.

Water Districts Creation of Water Districts “The director shall divide the state into water districts … such that each public stream and tributaries, or independent source of water supply, shall constitute a water district.” “The director may create a water district by entry of an order … in order to properly administer uses of the water resource.” Idaho Code §

Idaho Water Districts

Water Districts Features Watermasters elected annually to provide water distribution services - elected by users, appointed by IDWR Director - compensated by users via assessments - receive guidance/direction from Director Advisory Committee elected annually - comprised of water users in district - serve in advisory capacity to watermaster and director, draft and implement resolutions, may mediate problems within district

Water Districts General Duties of Watermaster: 1) deliver water in accordance with water right priority dates - authority to control/regulate diversion works 2) measure and report diversions under water rights 3) provide annual reports of expenses & water delivered (watermaster report, daily log books or distribution report, proposed budget) 4) report and control unauthorized diversions - local resource/expert; review transfers

Water Districts Meetings, Elections, Budgets Annual meeting held to elect watermaster, adopt a budget and resolutions, and select an advisory committee. Voting is by majority vote of users present, or if requested, by alternative method that involves votes equal to dollar amount assessed. Idaho Code §

Water Districts Meetings, Elections, Budgets Amount of water use is basis for assessments. (IC § ) Alternative methods and flexibility provided for voting and assessment of non-consumptive uses. (IC § A) Budget collected either by county or by district. (IC § and ) Participation is mandatory

District Creation District meeting is fist Monday of March, by law, or Between first Monday of January & third Monday of March, by district resolution Director can schedule special meeting or first meeting at any time

District Creation Who’s usually included: All water rights are included, but for Administrative & Assessment purposes, IDWR may exclude: - domestic/stock water uses meeting definition of Sec , Idaho Code - in-stream livestock - other small rights/uses (<= 0.24 cfs) - minimum in-stream flow rights Note: hydropower rights included but may be assessed differently

District Creation Measurement Requirements : For Measurement Purposes, typically exclude: - irrigation uses/diversions <= 5 acres -domestic/stock water uses, in-stream livestock & other small rights/uses <= 0.24 cfs diversion rate All other rights/diversions are measured

Potential Water District Options: 1. One district for both GW & SW rights in drainage 2. Separate districts for GW & SW a) Expand existing districts i. WD29-D for surface water ii. WD120 for ground water iii. Some other combination Existing districts already established and set-up to provide administrative/regulatory functions

Measurement Requirements Eventual Scenario: Order to require installation of measuring devices: Phase-in over one to two years Submittal of measurement plans in first year Must install standard measuring devices as per IDWR standards Open channel (weirs, flumes) Closed conduit (magnetic flow meters) Limited to irrigation uses, may exclude 0.5 to 5 acres Most sw diversions may need to be measured

Creation Timeline Mail individual notice Publish notice in local papers (two weeks) Hold hearing at least ten days after notice Ten day comment period Issue order Issue notice of annual meeting Conduct meeting

Creation Timeline – Next Steps Schedule hearing late January/early Feb Issue order late Feb./March 1 Schedule annual meeting late March

Annual Meeting Propose: Elect advisory committee & watermaster Adopt budget Inventory diversions first year, provide any regulation as needed

Measurement Requirements Costs: Open Channel Range from several hundred dollars to $10,000 depending on size Closed Conduit Mag Meters: ≈ $2,000 – $3,400 for 10 inch line + install For larger diameter pipe: Mag cost varies on diameter Ultrasonic meter ≈ $3,500 with display, minimal install