Bill Analyses and Ratings
Bill Information: H0957 – Idaho Water Resources Code Cleanup Act 2026
Bill Summary
House Bill 957 repeals nine sections of Idaho Code governing the Department of Water Resources, acting under the Idaho Code Cleanup Act’s mandate to remove obsolete, outdated, or unnecessary statutes. The repealed provisions include Section 42-232 (ground water recharge and negotiation with the federal Bureau of Reclamation), Section 42-1704 (the Department Director’s report to the Governor), and Section 42-1776 (the Water Conservation and Development Trust Account). Additionally, the bill eliminates six consecutive sections—42-3307 through 42-3312—that collectively governed the Salmon Falls Creek Water Compact between Idaho and Nevada.
The Legislature declares in Section 1 that these provisions have been identified as obsolete following comprehensive review, framing the repeals as administrative housekeeping rather than substantive policy change. The bill carries an emergency clause making all repeals effective July 1, 2026, bypassing the standard delayed effective date that would otherwise apply to new legislation.
The practical effect is the permanent removal from Idaho law of statutory frameworks for groundwater recharge coordination with federal reclamation authorities, a dedicated water conservation trust fund mechanism, a gubernatorial reporting requirement for the water resources director, and the entire statutory apparatus supporting the Salmon Falls Creek interstate water compact.
Overall Assessment
This bill streamlines Idaho’s statutory code by permanently repealing nine water resource provisions the Legislature has deemed obsolete, most notably eliminating the statutory framework for the Salmon Falls Creek Water Compact and removing the Water Conservation and Development Trust Account. The repeal of Section 42-232, which governed groundwater recharge and negotiation with the federal Bureau of Reclamation, removes a tool for coordinating water storage and recharge activities with federal partners. While the Legislature characterizes these sections as outdated, the removal of water conservation and recharge mechanisms carries real consequences for Idaho’s long-term water management capacity, particularly given the state’s agricultural dependence on groundwater.
Rating Breakdown
ARTICLE I. Responsibility in Government (1)
Section 1 explicitly invokes the Idaho Code Cleanup Act and states the Legislature has conducted comprehensive review to identify these nine provisions as 'obsolete, outdated, or unnecessary.' Eliminating dead-letter statutes—including the Director's reporting requirement under 42-1704 and the defunct Water Conservation and Development Trust Account under 42-1776—reduces administrative clutter and ensures Idaho's statutory code reflects actual, functioning law rather than inoperative mandates.
ARTICLE II. Citizen Involvement in Government (0)
The bill repeals administrative water resource statutes and makes no changes to citizen participation, public comment processes, elections, voting procedures, or political engagement mechanisms.
ARTICLE III. Education (0)
The bill's nine repeals are confined entirely to water resource administration and have no bearing on schools, curricula, education funding, or any education-related policy.
ARTICLE IV. Agriculture (0)
The bill repeals Section 42-232 governing groundwater recharge and Section 42-1776 establishing the Water Conservation and Development Trust Account—both mechanisms with direct relevance to agricultural water supply in Idaho. However, the Legislature's determination that these sections are obsolete, combined with the absence of the full statutory text, prevents a confident assessment of whether active agricultural water protections are being eliminated or whether these provisions had already been superseded by other law.
ARTICLE V. Water (0)
The bill removes Section 42-232, which governed groundwater recharge and Idaho's negotiating posture with the federal Bureau of Reclamation, and eliminates the six-section Salmon Falls Creek Water Compact framework (42-3307 through 42-3312). These are substantive water law provisions, not merely procedural ones. The Legislature's declaration that they are obsolete is the operative justification, but without the full text of the repealed sections it cannot be determined whether these statutes were truly inoperative or whether their removal leaves gaps in Idaho's water development and interstate compact infrastructure.
ARTICLE VI. Natural Resources and Environment (0)
The bill touches water resources only at the administrative and compact level and makes no changes to environmental stewardship policy, wilderness management, forest health, or natural resource utilization frameworks.
ARTICLE VII. Energy (0)
None of the nine repealed sections address energy production, hydroelectric power, utility regulation, or energy independence, and the bill makes no changes in this domain.
ARTICLE VIII. Idaho National Laboratories (0)
The bill is confined to Department of Water Resources statutes and has no connection to the Idaho National Laboratory, nuclear research, or related energy programs.
ARTICLE IX. Private Property Rights (0)
The bill repeals administrative water code sections and does not alter property rights, water rights adjudication, takings protections, or any other private property framework.
ARTICLE X. State and Federal Lands (0)
Although Section 42-232 involved negotiation with the federal Bureau of Reclamation, the bill addresses water resource statutes rather than land ownership, federal land management, or state land administration policy.
ARTICLE XI. Wildlife Management (0)
The bill makes no changes to fish and game management, hunting and fishing regulations, predator control, or any wildlife-related statute.
ARTICLE XII. Economy (0)
The repeals target internal water resource administrative provisions and do not directly alter business regulations, commerce, labor policy, or economic development frameworks.
ARTICLE XIII. Health and Welfare (0)
The bill has no provisions related to health care, public health, insurance, or welfare programs and makes no changes affecting Idaho residents' access to health or social services.
ARTICLE XIV. American Family (0)
The bill repeals water resource administrative statutes and contains no provisions touching marriage, parental rights, right to life, child welfare, or family policy.
ARTICLE XV. Older Americans (0)
None of the nine repealed sections address retirement, senior services, elder care, or any policy specifically affecting older Idahoans.
ARTICLE XVI. Law and Order with Justice (0)
The bill addresses water resource code cleanup exclusively and makes no changes to criminal law, firearms policy, law enforcement authority, or the justice system.
ARTICLE XVII. National Defense - Securing the Border (0)
The bill repeals state water resource statutes and has no connection to military affairs, veterans' services, border security, or the Idaho National Guard.
ARTICLE XVIII. Election of Judges and Idaho Supreme Court Justices (0)
The bill makes no changes to judicial selection, court structure, or constitutional interpretation and has no bearing on the judiciary.
ARTICLE XIX. Religious Liberty (0)
The bill repeals administrative water resource statutes and contains no provisions affecting religious exercise, conscience protections, or government interference with religious institutions.