States findings of the Legislature and reaffirms Idaho's rights under the Bear River Compact.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE CONCURRENT RESOLUTION NO. 34 BY WAYS AND MEANS COMMITTEE A CONCURRENT RESOLUTION1 STATING FINDINGS OF THE LEGISLATURE AND REAFFIRMING IDAHO'S RIGHTS PURSUANT2 TO THE BEAR RIVER COMPACT.3 Be It Resolved by the Legislature of the State of Idaho:4 WHEREAS, the Bear River is a vital lifeline for the agricultural, munic-5 ipal, and recreational economy of southeastern Idaho, specifically sustain-6 ing Idaho's Bear Lake, Franklin, Caribou, and Oneida counties; and7 WHEREAS, the distribution of the waters of the Bear River is governed8 by the Amended Bear River Compact of 1980 (Compact), a binding interstate9 agreement between the states of Idaho, Utah, and Wyoming that is ratified by10 the United States Congress; and11 WHEREAS, the Compact divides the Bear River into three segments, the Up-12 per Division, Central Division, and Lower Division; and13 WHEREAS, the Lower Division begins at Stewart Dam, north of Bear Lake in14 Idaho, and terminates at the Great Salt Lake, in Utah; and15 WHEREAS, under the Compact's specific provisions governing the Lower16 Division, the water in the Bear River is allocated as follows (compact allo-17 cation waters):18 (1) Idaho holds a statutorily defined "first right" to develop, de-19 plete, and beneficially use the first 125,000 acre-feet of water;20 (2) Utah holds a subsequent "second right" to develop up to 275,00021 acre-feet of water, only after Idaho's specific allocation has been satis-22 fied; and23 (3) Both Idaho and Utah hold an equal right to divert up to 75,000 acre-24 feet of any remaining water in the Bear River's Lower Division; and25 WHEREAS, based on these allocations, Idaho has a competitive imperative26 to develop and actively manage its allocation of water to prevent subordina-27 tion or loss; and28 WHEREAS, the preservation of Bear Lake is critical to Idaho, not only29 for its immense recreational value but also as a storage reservoir subject to30 the irrigation reserve, which acts as a safeguard for Idaho irrigators dur-31 ing periods of drought; and32 WHEREAS, growing pressures, including demands from downstream users33 and potential federal encroachment, threaten to strand Idaho's undeveloped34 compact allocation waters unless concrete steps to develop infrastructure35 are taken; and36 WHEREAS, prior appropriation, combined with the pressures of regional37 population growth, dictates that Idaho must move from passive entitlement to38 active development of its compact allocation waters.39 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses-40 sion of the Sixty-eighth Idaho Legislature, the House of Representatives and41 the Senate concurring therein:42

2 (1) That the Legislature unequivocally reaffirms Idaho's entitlement1 to the first 125,000 acre-feet of water in the Lower Division as guaranteed2 by the Amended Bear River Compact and declares it the policy of this state3 to vigorously oppose any federal or interstate attempt to reallocate, dimin-4 ish, or encumber this water for downstream purposes in Utah;5 (2) That the State of Idaho shall invest in state-of-the-art telemetry,6 stream gauging, and diversion metering in the Lower Division as this data7 collection is essential to scientifically quantify Idaho's current develop-8 ment and to substantiate future development;9 (3) That Idaho's commissioners to the Bear River Commission are di-10 rected to strictly interpret and enforce the irrigation reserve water11 elevation statutes for Bear Lake;12 (4) That while the State of Idaho supports collaborative efforts to13 control invasive species and improve water quality, such cooperation shall14 not be construed as a waiver of Idaho's right to develop its full compact15 allocation;16 (5) That the Idaho Water Resource Board is directed to prepare two re-17 ports as follows:18 (a) The first report, shall be provided to House and Senate leadership19 no later than June 1, 2026, and shall include the following:20 (i) A description of the current development of the compact allo-21 cation waters for Idaho and Utah as of the date of this resolution;22 (ii) The frequency and timing of water supplies in the Lower Divi-23 sion that are available for further development; and24 (iii) Preliminary opportunities for further development of25 Idaho's compact allocation to address Idaho's statewide water26 obligations, including estimated costs and timelines for com-27 pleting projects related to the opportunities identified in the28 report.29 (b) The second report shall be completed no later than September 30,30 2026, presented to the Natural Resources Interim Committee, and include31 the following:32 (i) Recommended and prioritized projects for further development33 of Idaho's compact allocation; and34 (ii) An outline of the necessary steps for the Idaho Water Re-35 source Board, the Idaho Department of Water Resources, and the36 Idaho Legislature to secure future development of Idaho's compact37 allocation waters.38 (6) That the Idaho Water Resource Board is hereby directed to prior-39 itize and expedite feasibility studies on projects identified in the Bear40 River Basin reports, including but not limited to new surface water storage41 sites, off-stream storage facilities, and aquifer recharge projects, to42 protect and develop the state's allocation under the Bear River Compact,43 without harming the natural hydrology of Bear Lake.44 (7) That the Legislature directs the Idaho Water Resource Board to al-45 locate funds from the $30,000,000 fiscal year 2027 transfer to the water man-46 agement account to support implementation of these reports and any legisla-47 tion pursuant to the reports' findings.48 (8) That the Legislature directs the Idaho Water Resource Board to49 confer with the leadership of the Idaho House of Representatives and Senate50

3 prior to entering into any agreement regarding the use or management of the1 Bear River or Bear Lake with any power utility or the states of Wyoming or2 Utah.3 BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representa-4 tives is hereby authorized and directed to forward a copy of this Resolution5 to the Governor of the State of Idaho, the Director of the Idaho Department of6 Water Resources, the Idaho Water Resource Board, the Idaho delegation to the7 Bear River Commission, and the Governor of the State of Utah.8