Bill Analyses and Ratings
Bill Information: H0567 – Water Resources Code Cleanup and Repeal Act
Bill Summary
House Bill 567 repeals 22 sections of Idaho Code related to the Department of Water Resources that the Legislature has identified as obsolete, outdated, or unnecessary. The repealed provisions include Section 42-232 (ground water recharge and negotiation with the Bureau of Reclamation), Section 42-1704 (the Director’s report to the Governor), Section 42-1776 (the Water Conservation and Development Trust Account), six sections of the Salmon Falls Creek Water Compact (42-3307 through 42-3312), and thirteen sections of the Columbia Interstate Compact (42-3319 through 42-3324 and 42-3505 through 42-3511).
The bill declares legislative intent to streamline Idaho Code and ensure state laws remain essential for citizens while serving public health, safety, and welfare. It includes an emergency clause making the act effective July 1, 2026. The bill is presented as part of the Idaho Code Cleanup Act following comprehensive legislative review.
Overall Assessment
This bill removes 22 sections of water resources law from Idaho Code, including provisions governing ground water recharge negotiations with federal agencies, water conservation funding mechanisms, and interstate water compacts. The Legislature characterizes these repeals as administrative cleanup of obsolete provisions, which streamlines state code by eliminating unnecessary bureaucratic requirements and reporting obligations. The removal of these provisions reduces the size and complexity of Idaho’s water resources statutes.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (1)
Section 1 explicitly states the Legislature's intent to ensure state laws are "streamlined, up-to-date, and essential for the citizens of Idaho" by repealing provisions identified as "obsolete, outdated, or unnecessary." This directly implements the principle of eliminating unnecessary government programs and reducing bureaucratic complexity. The bill removes 22 code sections, including reporting requirements and administrative structures no longer deemed essential.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
The bill repeals administrative water resources code sections and contains no provisions related to elections, voting procedures, citizen participation in government, or political processes. The changes are purely technical and do not affect mechanisms for citizen involvement.
ARTICLE III. EDUCATION (0)
The bill addresses water resources code cleanup and contains no provisions related to education, schools, curriculum, parental rights in education, or educational funding. The repealed sections are unrelated to educational policy.
ARTICLE IV. AGRICULTURE (0)
While water is vital to Idaho agriculture, the bill only identifies repealed sections by number without modifying substantive water rights law or agricultural policy. The repeals are characterized as removing obsolete provisions rather than changing water allocation or agricultural water use policies.
ARTICLE V. WATER (0)
The bill repeals sections related to ground water recharge (42-232), water conservation funding (42-1776), and interstate water compacts (Salmon Falls Creek and Columbia compacts). However, these repeals are presented as removing obsolete administrative provisions rather than changing Idaho's substantive water rights doctrine, prior appropriation system, or state sovereignty over water resources.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
The bill repeals water-related code sections but does not address environmental stewardship, federal environmental policy, wilderness areas, forest health, or natural resource utilization principles. The changes are administrative rather than policy-oriented.
ARTICLE VII. ENERGY (0)
The bill addresses water resources code cleanup and contains no provisions related to energy policy, hydroelectric power, energy independence, or energy production. While water and hydroelectric power are related, the bill does not address energy matters.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
The bill repeals water resources code sections and contains no provisions related to Idaho National Laboratory, nuclear research, energy technology development, or defense research activities.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
The bill repeals water resources administrative code sections without addressing private property rights, regulatory takings, just compensation, or property development rights. The changes do not affect property ownership or use regulations.
ARTICLE X. STATE AND FEDERAL LANDS (0)
The bill addresses water resources code rather than land ownership or management. It contains no provisions related to federal land administration, state land management, or reduction of federal land holdings.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
The bill repeals water resources code sections and contains no provisions related to fish and game management, hunting, fishing, wildlife conservation, or predator control policies.
ARTICLE XII. ECONOMY (0)
The bill repeals water resources administrative code sections without directly addressing commerce, industry, small business regulation, labor policy, or transportation. While water affects the economy, the bill does not engage with economic development principles.
ARTICLE XIII. HEALTH AND WELFARE (0)
The bill addresses water resources code cleanup and contains no provisions related to healthcare, health insurance, medical decisions, patient rights, or welfare programs.
ARTICLE XIV. AMERICAN FAMILY (0)
The bill repeals water resources code sections and contains no provisions related to family values, marriage, right to life, children's welfare, or parental rights.
ARTICLE XV. OLDER AMERICANS (0)
The bill addresses water resources code cleanup and contains no provisions related to older Americans, retirement security, or services for seniors.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (0)
The bill repeals water resources code sections and contains no provisions related to criminal justice, gun rights, drug policy, incarceration, or state sovereignty regarding immigration enforcement.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
The bill addresses water resources code cleanup and contains no provisions related to national defense, military affairs, veterans, border security, or National Guard operations.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The bill repeals water resources code sections and contains no provisions related to judicial elections, judge selection processes, or constitutional interpretation by courts.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
The bill addresses water resources code cleanup and contains no provisions related to religious freedom, free exercise of religion, or the Religious Freedom Restoration Act.