Amends existing law to provide that water may be diverted and used with or without a water right for certain cleanup or removal of hazardous substances or petroleum, to provide for reporting, and to provide that the director of the Department of Water Resources shall be consulted.

This proposal would provide an exemption from the requirement to obtain a temporary water right permit for removalofcontaminatedwaterduringanemergencyresponse. ThisexemptionissimilartoIdahoCodeSection 42-201 where water is withdrawn to fight wildfires.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.