Legislature(2001 - 2002)
05/03/2001 06:56 PM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 139(RES)
"An Act relating to fees for certain uses of state water and
to the accounting and appropriation of those fees; relating to
authorizations for the temporary use of state water; making
other amendments to the Alaska Water Use Act; and providing
for an effective date."
This was the second hearing for this bill in the Senate Finance
Committee.
AT EASE 7:03 PM / 7:04 PM
Senator Leman moved to adopt CS SB 139, 22-GS1087\P as a working
draft.
The committee substitute was ADOPTED without objection.
Amendment #1: This amendment makes the following changes to the
committee substitute.
Page 3, lines 23- 27:
Delete all material.
Insert a new bill section to read:
Sec. 4. AS 46.15.020(b) is amended to read:
(b) The commissioner shall
(1) adopt procedural and substantive regulations to
carry out the provisions of this chapter, taking into
consideration the responsibilities of the Department of
Environmental Conservation under AS 46.03 and the Department
of Fish and Game under AS 16;
(2) keep a public record of all applications for
permits and certificates and other documents filed in the
commissioner's office; and shall record all permits and
certificates and amendments and orders affecting them and
shall index them in accordance with the source of the water
and the name of the applicant or appropriator;
(3) cooperate with, assist, advise, and coordinate
plans with the federal, state, and local agencies, including
local soil and water conservation districts, in matters
relating to the appropriation, use, conservation, quality,
disposal, or control of waters and activities related thereto;
(4) prescribe fees or service charges for any public
service rendered consistent with AS 37.10.050 - 37.10.058,
except that the department may charge under regulations
adopted by the department an annual $50 administrative service
fee to maintain the water mana2ement program (5) before
February 1 of each year, prepare a report describing the
activities of the commissioner under AS 46.15.035 and
46.15.037; the commissioner shall notify the legislature that
the report is available; the report must include
(A) information on the number of
applications and appropriations for the removal of
water from one hydrological unit to another that were
requested and that were granted and on the amounts of
water involved;
(B) information on the number and location
of sales of water conducted by the commissioner and
on the volume of water sold;
(C) recommendations of the commissioner for
changes in state water law; and
(D) a description of state revenue and
expenses related to activities under AS 46.15.035 and
46.15.037."
Senator Green moved for adoption and referenced earlier discussion
regarding water rights and the involved parties in the state. She
shared that in communities with a large agricultural presence, the
local soil and water conservation districts are involved in the
process. The intent of this amendment, she explained, is to ensure
their remaining involvement.
AT EASE 7:06 PM / 7:07 PM
Senator Leman detailed the four changes made in the committee
substitute. The first, he said, is a technical change of "relating"
to "related" in the Section 2 title, "FINDINGS, POLICY, AND PURPOSE
RELATED TO AUTHORIZATIONS FOR CERTAIN TERMPORARY USES OF STATE
WATER." on page 2, line 21. He informed that language deleted from
page 4, following line 7, and on line 21, allowed the commissioner
to extend authorization for temporary use of water for an
additional five years. He noted this provision was removed in
response to concerns raised by Senator Wilken during the previous
hearing. He concluded with the replacement of "public health" with
"human health" on line 25. This, he said, is to make the
terminology consistent with that used by the United States
Environmental Protection Agency flood page, as well as the National
Institute of Health. He clarified that public health relates to
epidemiology and diseases whereas human health is related to the
effects of human activities and is more appropriate for this
legislation.
Senator Green explained that Amendment #1 replaces certain language
from a previous committee substitute, 22-GS1087\J, which the
Committee did not adopt, and provides that the commissioner shall
adopt procedural and substantive regulations to carry out the
provisions in the legislation.
Senator Green stated that additional language was recommended by
the bill drafter that requires the Department of Environmental
Conservation to submit an annual report to the legislature. She was
unsure how this relates to the current Version "P".
BOB LOEFFLER, Director, Division of Mining, Land and Water,
Department of Natural Resources, testified via teleconference from
Anchorage to the amendment. He stated the proposed language is
acceptable.
There was no objection and the amendment was ADOPTED.
Amendment #2: This amendment inserts language into Section 1 (c) on
page 2, line 17 of the committee substitute. The amended subsection
reads as follows.
(c) It is the policy of the legislature that the
Department of Natural Resources minimize:
(1) the required costs, including application fees,
on individuals and businesses withdrawing less than a
significant amount of water;
(2) consider providing a partial fee reduction for
water rights holders and applicants who have approved
irrigation management plans.
Senator Green moved for adoption.
Co-Chair Kelly objected for the purpose of discussion.
Senator Green noted this amendment was also prepared to the Version
J committee substitute. She read the inserted language of Section 1
(c)(2) and explained approval of irrigation management plans is the
current practice in the soil and water conservation districts, and
this provision allows the districts to obtain for credit for the
work already completed.
Mr. Loeffler commented there are a number of industries in addition
to agricultural activities that conserve water in a variety of
ways. He did not oppose the amendment.
Co-Chair Kelly removed his objection and the amendment was ADOPTED
without further objection.
Senator Green offered a motion to report the committee substitute
as amended from Committee.
Co-Chair Donley moved to amend the motion in order to amend the
fiscal note.
Without objection, Senator Green WITHDREW her motion.
Co-Chair Donley moved to amend the Department of Natural Resources
fiscal note dated April 12, 2001 to delete the addition of five
full-time positions in FY 02.
There was no objection and the fiscal note was AMENDED.
Senator Green again offered a motion to move from Committee, CS SB
139, 22-GS1087\P, as amended, with forthcoming zero fiscal note
from the Department of Natural Resources.
The bill MOVED from Committee without objection.
AT EASE 7:16 PM / 7:17 PM
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