Relates to the appropriation to the Department of Water Resources for fiscal year 2027.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1431 BY FINANCE COMMITTEE AN ACT1 RELATING TO THE APPROPRIATION TO THE DEPARTMENT OF WATER RESOURCES; APPRO-2 PRIATING ADDITIONAL MONEYS TO THE DEPARTMENT OF WATER RESOURCES FOR3 FISCAL YEAR 2027; APPROPRIATING AND TRANSFERRING MONEYS FROM THE RE-4 VOLVING DEVELOPMENT FUND TO THE AQUIFER PLANNING AND MANAGEMENT FUND5 FOR FISCAL YEAR 2027; PROVIDING REAPPROPRIATION AUTHORITY FOR THE ARPA6 STATE FISCAL RECOVERY FUND; DIRECTING THAT MONEYS APPROPRIATED FOR7 GENERAL STREAM ADJUDICATIONS COUNT TOWARD FILING FEES FOR FISCAL YEAR8 2027; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.9

Be It Enacted by the Legislature of the State of Idaho:10

SECTION 1. In addition to any other appropriation provided by law,11 there is hereby appropriated to the Department of Water Resources the fol-12 lowing amounts to be expended according to the designated programs and13 expense classes from the General Fund for the period July 1, 2026, through14 June 30, 2027:15 FOR16 FOR17 TRUSTEE AND PERSONNEL18 BENEFIT COSTS19 PAYMENTS TOTAL Planning and Technical Services20 $195,000 $195,000 Northern Idaho Adjudication21 $97,500 97,500 Bear River Basin Adjudication22 97,500 0 97,500 TOTAL23 $195,000 $195,000 $390,000

SECTION 2. CASH TRANSFER FOR AQUIFER MONITORING. There is hereby appro-24 priated to the Department of Water Resources and the Office of the State Con-25 troller shall transfer $716,000 from the Revolving Development Fund to the26 Aquifer Planning and Management Fund on July 1, 2026, or as soon thereafter27 as practicable for the period July 1, 2026, through June 30, 2027, to be used28 for aquifer monitoring, measurement, and modeling.29

SECTION 3. REAPPROPRIATION AUTHORITY FOR THE ARPA STATE FISCAL RE-30 COVERY FUND. There is hereby reappropriated to the Department of Water31 Resources any unexpended and unencumbered balances appropriated or reappro-32 priated to the Department of Water Resources in the Planning and Technical33 Services Program from the ARPA State Fiscal Recovery Fund for fiscal year34 2026 to be used for nonrecurring expenditures related to water infrastruc-35 ture projects for the period July 1, 2026, through June 30, 2027. The Office36 of the State Controller shall confirm the reappropriation amount, by fund,37

2 expense class, and program, with the Legislative Services Office prior to1 processing the reappropriation authorized herein.2

SECTION 4. FILING FEES. Notwithstanding Section 42-1414(1)(c), Idaho3 Code, it is the intent of the Legislature that moneys appropriated in Sec-4 tion 1 of this act for Idaho's general stream adjudications from the General5 Fund count toward the filing fees required under Section 42-1414(1)(a) and6 (b), Idaho Code, for water right claims filed in Idaho's general stream ad-7 judications by the Idaho Water Resource Board and the Governor of the State8 of Idaho based on instream flow, public lake level maintenance, or recre-9 ation. If the General Fund appropriation exceeds the amount required for the10 Idaho Water Resource Board's and the Governor's filing fees in the current11 fiscal year, the excess shall be counted toward future filing fees required12 for those same purposes. If the General Fund appropriation does not meet or13 exceed the fee required for claims of the Idaho Water Resource Board or the14 Governor, the Director of the Department of Water Resources shall grant an15 extension of time to the Idaho Water Resource Board or the Governor to file16 the claim, and the General Fund appropriation for the following fiscal year17 shall be counted toward the balance of the filing fee.18

SECTION 5. An emergency existing therefor, which emergency is hereby19 declared to exist, this act shall be in full force and effect on and after20 July 1, 2026.21