STATEMENT OF PURPOSE
RS27207 / S1217
This proposal would provide an exemption from the requirement to obtain a temporary water right permit for
removal of contaminated water during an emergency response. This exemption is similar to Idaho Code Section
42-201 where water is withdrawn to fight wildfires. Emergency spills can happen at all hours of the day and
immediate response is critical to mitigate further damage to water bodies and public drinking water systems
that use surface water. Under the current statute, IDWR grants a temporary water right to remove contaminated
water for treatment offsite or to temporarily remove the contaminated water, separate out the contamination,
and return the decant water back to the water body. Granting a temporary water right can potentially take days.
The current process impacts the state's ability to work with the regional hazmat teams/emergency response
cleanup contractors/responsible parties to remove contaminated water from a water body in a timely manner
and minimize the potential impacts on human health and the environment.
FISCAL NOTE
No fiscal impact. This legislation will not result in the need for any additional funds as it merely formalizes
a process that is already used for emergency responses. The interagency communication that is mandated can
easily be accomplished using existing resources.
Contact:
John Tippets
Department of Environmental Quality
(208) 373-0240
DISCLAIMER: This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent
of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative
process, including judicial review (Joint Rule 18).
Statement of Purpose / Fiscal Note Bill SOP/FN INTRODUCED: 01/14/2020, 8:33 AM

Statutes affected:
Bill Text: 42-201