Resources Environment

MINUTES
SENATE RESOURCES & ENVIRONMENT COMMITTEE
DATE: Monday, February 02, 2026
TIME: 1:30 P.M.
PLACE: Room WW55
MEMBERS
PRESENT:
Chairman Burtenshaw, Vice Chairman Hart, Senators Guthrie, Harris,
Okuniewicz, Cook, VanOrden, Kohl, and Taylor
ABSENT/
EXCUSED:
None
NOTE: The sign-in sheet, testimonies and other related materials will be retained with
the minutes in the committee's office until the end of the session and will then be
located on file with the minutes in the Legislative Services Library.
CONVENED: Chairman Burtenshaw called the meeting of the Senate Resources and
Environment Committee (Committee) to order at 1:30 p.m.
PRESENTATION: Surface Water Coalition (SWC)/Idaho Ground Water Appropriators (IGWA)
Surface Water Districts Report. Paul Arrington, Executive Director, Idaho
Water User's Association, introduced a presentation from surface and ground
water groups utilizing public and private funds to invest in water infrastructure
and water supply projects across Idaho.
Lorri Gray, Secretary/Treasurer, Nampa & Meridian Irrigation District, reviewed
the scope, goals, costs, funding, and progress of the Nampa and Meridian
Irrigation District's Ridenbaugh Headworks Modernization Project (Attachments
1 and 2).
DISCUSSION: Senator Harris asked if part of their project cost included the easements and
building the road. Ms. Gray responded that the $21 million was the full cost of
the project, including the gates, structures, and easements, and working with
Alta Harris Park.
Senator Cook asked for some milestones and dates for the project. Ms. Gray
responded that they would install the portable dam in October. They would pull
that out by April 15, so they could run the 2026 irrigation season. Once the 2026
irrigation season completed in October, they would install the portable dam on
the northeast side of the river, put in an ogee weir, and finish that side. In March
2027, they would pull out the portable dam and operate during the 2027 irrigation
season using the new infrastructure, but without taking out the old, to make
sure everything ran well. If everything ran well, at the end of the 2027 irrigation
season they would pull out the piers.
Chairman Burtenshaw asked for a description of a crest plate or gate. Ms.
Gray explained that it was a concrete structure that looked like a teardrop. It
was automated. There was a big screw that came down and as the screw was
turned, it set the gate up and then laid it back down. The top of the teardrop
would lay on the edge of the riverbed.

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PRESENTATION: Daniel Hoke, Watermaster, Water District 63, reviewed Water District 63's
Treasure Valley Water District Project, which was a project designed to improve
water management by leveraging improved data collection throughout the Boise
River Basin (Attachment 3). He reviewed water supply trends in the Treasure
Valley, and the three phases of the project. Phase one included equipment
installation and data collection, phase two included monitoring and data
analysis, and phase three included mitigation and collaboration. Phase one was
completed. He shared some draft models and spoke about model development
and funding.
DISCUSSION: Chairman Burtenshaw asked how Eastern Oregon affected Water District 63.
Mr. Hoke responded that District 63 included the Boise River Basin, including
everything above the reservoirs that returned back to the Boise River, and
Eastern Oregon was not a factor.
PRESENTATION: Jay Barlogi, General Manager, Twin Falls Canal Company, reviewed the efforts
of the Twin Falls Canal Company to improve canal efficiency and enhance
water supply sustainability in the Magic Valley (Attachment 4). Their project
was funded by the Idaho Department of Water Resources Regional Water
Sustainability Program Grant, which utilized federal American Rescue Plan Act
(ARPA) funds and state surplus funds. He reviewed the process of relining old
inefficient canals, materials used, and shared their progress on the project.
DISCUSSION: Senator Harris asked for the cost per mile for the new liner. Mr. Barlogi
responded that the project cost was about $26.3 million with about $2 million
per mile just for the liner. Senator Harris asked if there were problems with
creatures bothering the liner, such as badgers. Mr. Barlogi responded that they
had no experience with animals interfering with the liner.
Senator Cook asked for an explanation of what Mr. Barlogi described as
seepage on one of the slides. Mr. Barlogi returned to a slide showing seepage
and pointed out areas that showed where water was seeping out of the canal
and creating land that was not arable. Senator Cook asked if this was not just
a high water table, but was actually standing water on the soil. Mr. Barlogi
responded that it was both. Senator Cook asked how the new liners might
affect the aquifer or if the aquifer was not a concern in Twin Falls. Mr. Barlogi
responded that this land was not within the Eastern Snake River Plain Aquifer.
He added that they were building a recharge reservoir to replace surface water
that had been created by seepage from the canal parallel to Rock Creek Canyon
to address any issues with the local water table.
Senator Hart asked if there had been any groundwater users that had been
adversely affected by the liner installation and if they negotiated with any
groundwater users to solve water use problems. Mr. Barlogi responded that
they had no problems with groundwater users in the areas where liners were
completed in 2019, 2021, and 2023.
PRESENTATION: Alan Jackson, District Manager, Bingham County Groundwater District
explained his district included irrigated acres and irrigation wells that were owned
by individual farms and water users. He reviewed some of the District's efforts to
develop alternatives to make their water supply more reliable, their groundwater
to surface water conversion projects, their collaboration with the Idaho Water
Resources Research Institute, and their project funding, which consisted of
grants from the Idaho Water Resource Board and funds from individual users.
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DISCUSSION: Senator Guthrie asked if activities that prevented groundwater recharge might
be counterproductive. Mr. Jackson responded that water management was
all about timing, and that there were times when they had extra water that
they wanted to be able to put in the ground for storage, but at other times they
needed to deliver water. He thought that they needed to be able to build the tools
they needed to be intentional in their management. Senator Guthrie asked if
they pushed 100 CFS out through an unlined canal and lost 25 percent through
seepage, and then lined it and still pushed 100 CFS, was that a decrease in a
water right to the person who used to receive the 25 percent through seepage.
Mr. Jackson responded that it was a better management tool to be able to
deliver that water in the first place, rather than leaving users to recover it with
whatever other means came along.
PRESENTATION: Aaron Dalling, Manager, Freemont - Madison Irrigation District and Secretary,
Henry’s Fork and Madison Groundwater Districts, reviewed the progress of
water projects in his districts (Attachment 5). He shared about the installation of
telemetry on groundwater flow meters to help monitor groundwater diversions
and replacing a three-mile groundwater conveyance in the Madison and Henry’s
Fork Groundwater Districts, about the completion of the North Fremont Canals
Pipeline, which consisted of 70 miles of pipeline that serviced about 24,000
acres with pressurized irrigation water, and about the Fremont-Madison Irrigation
District Automation Project to automate headgates and check structures. He
reviewed the Southeast Idaho Canal Company Aging Infrastructure Project to
replace one diversion dam, 12 check structures, and 45 headgates. He spoke
about funding for these projects and their attempts to utilize local contractors
and products.
PASSED THE
GAVEL:
Chairman Burtenshaw passed the gavel to Vice Chairman Hart.
DOCKET NO.
37-0204-2501
Shoshone Bannock Tribal Water Supply Bank Rules (ZBR Chapter Rewrite)-
Pending Rule, p. 181. Mary Condon, Project Manager 1, Idaho Department of
Water Resources (IDWR) referred the Committee to the 2026 Senate Resources
and Environment Committee Pending Rules Review Book starting on page
181. She explained this rule enhanced the authority and structure of the bank
provided within the 1990 Ford Hull Water Rights Settlement Agreement for the
leases and rentals of tribal stored water outside the reservation. She reviewed
the rulemaking process for this Docket, which included meetings with the Idaho
Water Resource Board and collaboration with legal counsel for the Shoshone
Bannock Tribes. She referred the Committee to her handouts associated with
Docket No. 37-0204-2501, labeled 370204-01 and 37020-02 (Attachment
6). The first handout listed the major changes to the rule and provided a
brief high-level summary of any substantive changes. The second handout
contained all the substantive changes within the rule. Ms. Condon reviewed the
substantive changes in detail.
DISCUSSION: Chairman Burtenshaw asked if there was a difference between reservation and
tribal as in tribal storage water and reservation water master, or if they were
interchangeable. Ms. Condon responded they were not used interchangeably,
one spoke about stored water and one referred to the water master. Vice
Chairman Hart asked if the Shoshone-Bannock tribes were represented in this
rulemaking process. Ms. Condon responded that they were heavily involved in
this rulemaking process.
TESTIMONY: Hailie Johnson-Waskow, on behalf of the Shoshone-Bannock tribes, testified
that IDWR consulted with the tribes on this rule and the tribes were in favor of
the rule changes.
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MOTION: Senator Okuniewicz moved to approve Docket No. 37-0204-2501. Senator
VanOrden seconded the motion. The motion carried by voice vote.
DOCKET NO.
37-0307-2501
Stream Channel Alteration Rules (ZBR Chapter Rewrite)- Pending Rule,
p. 188. Aaron Golart, Stream Channel Coordinator, IDWR, referred the
Committee to the 2026 Senate Resources and Environment Committee Pending
Rules Review Book starting on page 188. He explained this rule defined the
application review and decision process for proposed stream in stream projects
and establish minimum standards for common stream alteration activities.
Additionally, the rules identified permit exemptions, set criteria for emergency
permitting, and provided enforcement guidance for unauthorized stream channel
alterations. He reviewed the rulemaking process for this Docket. He referred the
Committee to his handouts associated with Docket No. 37-0307-2501, labeled
370307-01 and 370307-02 (Attachment 7). The first handout listed the major
changes to the rule and provided a brief, high-level summary of any substantive
changes. The second handout contained all the substantive changes within the
rule. Mr. Golart reviewed the substantive changes in detail.
DISCUSSION: Senator Okuniewicz asked about the fee noted in the fee summary on page
188. Mr. Golart responded that there was a fee associated with stream
alteration permits that was $20 and was unchanged.
Vice Chairman Hart stated he had a conflict of interest pursuant to Senate
Rule 39(H) but intended to vote.
MOTION: Senator Okuniewicz moved to approve Docket No. 37-0307-2501. Senator
Taylor seconded the motion. The motion carried by voice vote.
PASSED THE
GAVEL:
Vice Chairman Hart passed the gavel to Chairman Burtenshaw.
DOCKET NO.
37-0312-2501
Chairman Burtenshaw stated the meeting had run out of time, so Docket No.
37-0312-2501 would be considered in a future meeting.
ADJOURNED: There being no further business at this time, Chairman Burtenshaw adjourned
the meeting at 2:59 p.m.
___________________________ ___________________________
Senator Burtenshaw Shelly Johnson
Chair Secretary
SENATE RESOURCES & ENVIRONMENT COMMITTEE
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MINUTES
SENATE RESOURCES & ENVIRONMENT COMMITTEE
DATE: Wednesday, January 28, 2026
TIME: 1:30 P.M.
PLACE: Room WW55
MEMBERS
PRESENT:
Chairman Burtenshaw, Vice Chairman Hart, Senators Guthrie, Harris,
Okuniewicz, Cook, VanOrden, Kohl, and Taylor
ABSENT/
EXCUSED:
None
NOTE: The sign-in sheet, testimonies and other related materials will be retained with
the minutes in the committee's office until the end of the session and will then be
located on file with the minutes in the Legislative Services Library.
CONVENED: Chairman Burtenshaw called the meeting of the Senate Resources and
Environment Committee (Committee) to order at 1:30 p.m.
GUBERNATORIAL
APPOINTMENT
VOTE:
Committee Vote on the Gubernatorial Appointment of Carl Rey of Boise,
Idaho to the Outfitters and Guides Licensing Board to serve a term
commencing May 12, 2025 and expiring April 20, 2027.
MOTION: Senator Harris moved to send the Gubernatorial appointment of Carl Rey of
Boise, Idaho to the Outfitters and Guides Licensing Board to the floor with
the recommendation that he be confirmed by the Senate. Senator Guthrie
seconded the motion. The motion carried by voice vote.
GUBERNATORIAL
APPOINTMENT
VOTE:
Committee Vote on the Gubernatorial Appointment of Kenneth Long of
Horseshoe Bend, Idaho to the Outfitters and Guides Licensing Board to
serve a term commencing May 12, 2025 and expiring April 20, 2027.
MOTION: Vice Chairman Hart moved to send the Gubernatorial appointment of Kenneth
Long of Horseshoe Bend, Idaho to the Outfitters and Guides Licensing Board to
the floor with the recommendation that he be confirmed by the Senate. Senator
Taylor seconded the motion. The motion carried by voice vote.
RS 33113 Joint Memorial, Depredation Claims. Senator Lakey explained this was the
same memorial sent to print by this Committee earlier (RS 32844) regarding
depredation, except that in the second whereas, "land owned by the United
States" was changed to "managed by the United States", which was more
constitutionally accurate and philosophically correct. This Memorial continued to
call upon the federal government to adopt rules to ensure that filing depredation
claims could not be used as a basis to negatively modify or revise a federal
grazing permit or lease.
MOTION: Senator Harris moved that RS 33113 be sent to print. Senator Cook seconded
the motion. The motion carried by voice vote.
RS 32927C1 Relating to Fish and Game. Senator Foreman stated this legislation required
Idaho Fish and Game (IDFG) to provide a 30 day public comment period when
the Idaho Fish and Game Commission adopted, repealed, or amended notices
of proposed proclamations on season-setting proposals. He explained that this
proposed legislation had been fully coordinated with IDFG management.
MOTION: Senator Guthrie moved that RS 32927C1 be sent to print. Senator Harris
seconded the motion. The motion carried by voice vote.

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RS 33054,
RS 33053,
RS 33052,
RS 33051
Relating to Idaho Water Resource Board (IWRB) District 1, Relating to
Idaho Water Resource Board (IWRB) District 2, Relating to Idaho Water
Resource Board (IWRB) District 3, and Relating to Idaho Water Resource
Board (IWRB) District 4. Representative Raybould presented these four RS
together, as they were related to each other and she believed it was helpful for
the Committee to discuss these as a group.
Representative Raybould explained these were four resolutions that specifically
identified and supported the continuation of water infrastructure projects in each
of four designated water board districts in Idaho. District 1 covered North Idaho
and the Panhandle, District 2 covered the Treasure Valley, District 3 covered
the Magic Valley, and District 4 covered East Idaho. Each resolution identified
the water projects that were essential to that region's stability and affirmed
the Legislature's commitment to support funding for these projects, while also
considering the water infrastructure investment of Idaho as a whole.
MOTION: Senator Okuniewicz moved that RS 33051, RS 33052, RS 33053, and RS
33054 be sent to print. Senator Cook seconded the motion. The motion carried
by voice vote.
PASSED THE
GAVEL:
Chairman Burtenshaw passed the gavel to Vice Chairman Hart.
DOCKET NO.
58-0116-2501
Wastewater Rules (ZBR Chapter Rewrite) - Pending Rule, p. 420. Vice
Chairman Hart stated a vote on this Docket was held from a prior meeting as
someone signed up to testify that could not be heard, but that person had now
declined to testify.
MOTION: Senator Harris moved to approve Docket No. 58-0116-2501. Senator Cook
seconded the motion. The motion carried by voice vote.
DOCKET NO.
58-0113-2501
Rules for Ore Processing by Cyanidation - Temporary and Pending Rule,
p. 396. Michael McCurdy, Waste Management and Remediation Division
Administrator, Idaho Department of Environmental Quality (DEQ), explained
this Docket was both temporary, covering from sine die to July 1, 2026, when
the pending rule was effective. He referred the Committee to the 2026 Senate
Resources and Environment Committee Temporary and Pending Rules Review
Books starting on page 3 and page 396, respectively. This Docket established
procedures and requirements for issuance and maintenance of a permit to
construct, operate, and close a cyanidation facility.
Mr. McCurdy shared that during the 2025 legislative session, the Legislature
passed S 1170, which repealed and replaced Idaho Code § 39-118A, which
related to ore processing by cyanidation. S 1170 included direction to DEQ to
bring their cyanidation rules into compliance with the provisions in Idaho Code §
39-118A. Idaho Code § 39-118A(33)(b) directed DEQ to implement a temporary
rule by July 1, 2025. Mr. McCurdy reviewed the negotiated rulemaking process
for this Docket. He explained that DEQ took a narrowly-focused approach in
developing this temporary and proposed rule to ensure consistency with the
cyanidation statute and more in-depth and substantive rule revisions would be
conducted. He stated additional negotiated rulemaking meetings were scheduled
for April 3 and May 1. Some of the more substantive changes in this Docket
were:
• Section 001, Title, Scope and Intent; page 398-399. Revised to the Scope
and Intent paragraph to remove redundancy and make consistent with statute.
• Section 007, Definitions; starting on page 399. Removed the definitions
that were identified in statute or other rule chapters and referenced those
Idaho Code sections or rule chapters. Added new definitions "application",
SENATE RESOURCES & ENVIRONMENT COMMITTEE
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"as-built submittal", "component or phase", "issued for construction data
package", "major modification or material modification", and "permit." Inserted
"cyanidation" to designate this was related to cyanidation pollutant discharges
throughout Section 007 and several other places throughout the rule. Revised
language to delete unnecessary text and refer to the Idaho Department
of Lands statute in Section 007.10, Permanent Closure Plan. Revised
the definition of process water per written comment received and deleted
unnecessary language in Section 007.14.
• Section 010, Applicability to Facilities with Existing Permits; page
401. Revised "material modifications or material expansions" to "major
modifications or material modifications" throughout the rule for consistency
with the terminology in Idaho Code § 39-118A.
• Section 050.01, Pre-application Conference; starting on page 401. Revised
to clarify that the cost recovery agreement was required prior to the
pre-application conference per written comment received. Revised Section
050.01.e and Section 050.02.e for consistency with Idaho Code § 39-118A,
which required cyanidation facilities not to impair beneficial uses or degrade
waters.
• Section 100.03, Contents of Application; starting on page 403. Removed rule
titles and inserted hyperlinks to the rules per the Department of Financial
Management. Added clarification language referencing cyanidation statute
provisions per written comment received. Revised Section 100.03.r language
for consistency with Idaho Code § 39-118A. Revised Section 100.03.r and
Section 100.03.r.i. for clarification per written comment received.
• Section 200.02; page 406. Revised language for consistency with Idaho
Code § 39-118A.
• Section 650.01; page 417. Revised language to reference correct Idaho Code.
• Section 750.04; page 418. Subsections revised for consistency with Idaho
Code § 39-118A related to permit application processing procedures, public
notice and comment, and final permit decision provisions.
• Section 750.05; page 418. Removed Subsection 05.c, which was duplicative
of the language in Idaho Code § 39-118A(1)(l)(i)(3).
Mr. McCurdy requested that the Committee approve both temporary and
pending Docket No. 58-0113-2501 to initiate the changes to the rules without
delay.
DISCUSSION: Senator Okuniewicz asked for a summary of the two public written responses
regarding this Docket that were received in July 2025. Mr. McCurdy responded
that in general, written responses from the Idaho Mining Association and
Perpetua Resources outlined how DEQ's changes to the initial temporary rule to
align with statute should have been more extensive.
Senator Guthrie asked if it would be problematic to approve this rule prior to
input that appeared to be forthcoming. Mr. McCurdy responded that there
were items that still needed to be addressed. DEQ was working with facilities
in the process of implementing or utilizing these rules as they went through
the permitting process. If there were differences in what made these rules
compliant with the provisions in Idaho Code § 39-118A, they talked through
their differences and came to a consensus on what worked for both parties. In
the end, if there was a difference or conflict between the statute and the rule,
the statute overrode the rule.
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TESTIMONY: Vice Chairman Hart asked Jeri DeLange, who was signed up to testify on this
Docket, if she wished to testify. She responded that she wanted to testify on a
later docket.
Ben Davenport, Idaho Mining Association, shared his appreciation for DEQ and
their efforts to propose a rule that was mandated by statutory changes made last
legislative session. He stated that the Idaho Mining Association and DEQ were
not necessarily aligned on Docket No. 58-0113-2501, but they continued to
participate in negotiated rulemaking and he believed they would find a something
that both the mining industry and DEQ agreed met the intent of the statute.
DISCUSSION: Vice Chairman Hart asked when Mr. Davenport expected to revisit the
rulemaking process for this particular rule. Mr. Davenport responded they
had one rulemaking meeting in early December, and there was another one
scheduled for early April.
MOTION: Senator Guthrie moved to approve temporary and pending Docket No.
58-0113-2501. Chairman Burtenshaw seconded the motion. The motion
carried by voice vote.
DOCKET NO.
58-0108-2501
Idaho Rules for Public Drinking Water Systems Pending Rule, p. 294.
Jerri Henry, Drinking Water Protection and Finance Division Administrator,
DEQ, referred the Committee to the 2026 Senate Resources and Environment
Committee Pending Rules Review Book starting on page 294. She explained
this Docket directed what public drinking water systems must do to ensure
customers were served with safe and reliable drinking water. They included
drinking water quality standards or limits, requirements for monitoring, reporting,
and public notices, and requirements for construction and operation. She
outlined the intent of this rulemaking, described public involvement, and
addressed stringency requirements. This rule docket incorporated by reference
two of the Environmental Protection Agency's (EPA) final rules: the Consumer
Confidence Report Rule known as the CCR and the Lead and Copper Rule
Improvements Rules (or LCRI). Additionally, DEQ reorganized the chapter and
made clarifications. The rules adopted in this rule docket were incorporated on
page 297, Section 002.01.a.
MOTION: Senator Guthrie moved to approve Docket No. 58-0108-2501. Senator Cook
seconded the motion. The motion carried by voice vote.
DOCKET NO.
58-0108-2502
Idaho Rules for Public Drinking Water Systems Pending Rule, p. 343. Ms.
Henry referred the Committee to the 2026 Senate Resources and Environment
Committee Pending Rules Review Book starting on page 343. She explained
this Docket was narrowly tailored to address the static pressure requirements
for distribution systems in DEQ's operating criteria rules. She outlined the intent
of this rulemaking, described public involvement, and addressed stringency
requirements. This rulemaking made a technical correction to the rules. On page
346, Section 552.01.b.v, language reverted to the language for the maximum
static distribution pressure that existed prior to the 2023 revision under Docket
58-0108-2301. The change in 2023 used 80 psi as the maximum static pressure,
which created unintended consequences with implementation. Ms. Henry
requested that the Committee approve Docket No. 58-0108-2502 with an
effective date of sine die to address the issue without delay.
TESTIMONY: Jeri DeLange, Idaho Rural Water Association, testified in favor of Docket No.
58-0108-2501. She read aloud a letter of support from the Idaho Rural Water
Association (Attachment 1).
MOTION: Senator Taylor moved to approve Docket No. 58-0108-2502 with an effective
date of sine die. Senator Guthrie seconded the motion. The motion carried by
voice vote.
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DOCKET NO.
58-0112-2501
Rules for Administration of Wastewater and Drinking Water Loan Funds
(ZBR Chapter Rewrite)- Pending Rule, p. 371. Ms. Henry referred the
Committee to the 2026 Senate Resources and Environment Committee
Pending Rules Review Book starting on page 371. She explained that DEQ
had low-interest loan programs, known as the State Revolving Loan funds, or
SRFs, that helped fund drinking water and wastewater infrastructure projects.
This Docket directed how DEQ managed and prioritized loans, who could get a
loan, how DEQ considered affordability, and how DEQ protected public money.
She outlined the intent of this rulemaking, described public involvement, and
addressed stringency requirements.
Major changes were:
• Section 021, Disadvantaged Loans and Affordability; pages 382 to 384. The
changes created a tiering system, based upon affordability indicators to
help DEQ ensure that assistance went to the communities with the greatest
financial hardship first and allowed for a clearer way to distinguish levels of
need. It provided a structured tie-breaker when multiple communities qualify.
• Section 050.05.d; Page 393, This section was changed to provide flexibility
for smaller engineering firms. The requirement for professional liability
insurance to protect the public from the engineer's negligent acts and errors
and omissions remained as $100,000, or twice the amount of the engineering
fee. However, DEQ added language to allow for a reduced amount or an
alternative coverage mechanism based on demonstration that public funds
remained protected from project risk.
Vice Chairman Hart stated he had a conflict of interest pursuant to Senate
Rule 39(H) but intended to vote.
MOTION: Senator Guthrie moved to approve Docket No. 58-0112-2501. Senator Taylor
seconded the motion. The motion carried by voice vote.
PASSED THE
GAVEL:
Vice Chairman Hart passed the gavel to Chairman Burtenshaw.
ADJOURNED: There being no further business at this time, Chairman Burtenshaw adjourned
the meeting at 2:40 p.m.
___________________________ ___________________________
Senator Burtenshaw Shelly Johnson
Chair Secretary
SENATE RESOURCES & ENVIRONMENT COMMITTEE
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MINUTES
SENATE RESOURCES & ENVIRONMENT COMMITTEE
DATE: Monday, January 26, 2026
TIME: 1:30 P.M.
PLACE: Room WW55
MEMBERS
PRESENT:
Chairman Burtenshaw, Vice Chairman Hart, Senators Guthrie, Harris,
Okuniewicz, Cook, VanOrden, Kohl, and Taylor
ABSENT/
EXCUSED:
None
NOTE: The sign-in sheet, testimonies and other related materials will be retained with
the minutes in the committee's office until the end of the session and will then be
located on file with the minutes in the Legislative Services Library.
CONVENED: Chairman Burtenshaw called the meeting of the Senate Resources and
Environment Committee (Committee) to order at 1:30 p.m.
RS 33025 Consolidation of the Soil and Water Conservation Commission. Senator
Harris explained this was a concurrent resolution that supported the
consolidation of the Soil and Water Conservation Commission (SWCC) into
the Idaho Department of Water Resources (IDWR). This resolution aligned
with statewide efforts to review policy, statute, and agency structure to ensure
effective and efficient government, including the Governor's Executive Order
2025-06, the Idaho Code Cleanup Act. This resolution also proposed ensuring
that the Soil and Water Conservation Commission and the Department of Water
Resources retained their core missions. He referred the Committee to a letter of
support from the Soil and Water Conservation Commission (Attachment 1).
DISCUSSION: Senator Guthrie stated when this legislation returned to the Committee for a
hearing, he would like to know how the savings of $107,000 in personnel costs
included in the Fiscal Note would be achieved.
MOTION: Senator Guthrie moved that RS 33025 be sent to print. Senator Taylor
seconded the motion. The motion carried by voice vote.
S 1222 DOMESTIC WELLS - Amends existing law to revise provisions regarding
the domestic use of water. Senator Anthon explained this was follow up
legislation to S 1083 as amended, which the Legislature passed in 2025.
This legislation addressed some confusion regarding how S 1083 applied to
subdivisions in development at the time the law was enacted. It amended and
clarified Idaho Code §§ 42-111, 42-227, 31-3805, and 50-1334. It defined the
term "subdivision" to mean a development with five lots or more, and clarified
that the limitations imposed only applied to subdivisions with final applications
filed on or after July 1, 2025.

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DISCUSSION: Senator Guthrie asked if 'in-home use" as described under 42-111(b) included
things like washing windows, using a pressure washer to wash siding, or
washing your car, and using water in an emergency, such as putting out a fire.
Senator Anthon responded that this legislation did not change the definition of
"in-home use" from the original legislation. Paul Arrington, Idaho Water User's
Association, added that the language on the first page of S 1222, beginning
at line 39, spoke to the utilization of water within a residence or household,
including all activities that required water, such as washing windows and hosing
down the garage. These were authorized actions under this definition. There
was a separate section of code that spoke to an exemption from water right
processes for emergency situations, such as fighting fire.
Senator Cook asked for clarification on the definition of a subdivision on page 2,
line 3, regarding the acre size of the subdivided lots. Senator Anthon responded
that this legislation included subdivisions divided into lots smaller than five acres.
TESTIMONY: Bruce Smith testified neither in favor or against S 1222. He stated there were
a number of issues with S 1083. He referred the Committee to his handout
(Attachment 2), which included a 17 page memo prepared by the IDWR that
provided guidance on implementing S 1083. He stated that, given the magnitude
of this legislation, another hearing was needed to understand how S 1083 was
implemented, so all issues with implementing this legislation could be addressed
in one piece of follow up legislation, instead of piecemeal.
DISCUSSION: Senator Taylor asked how S 1222 would affect the need for the IDWR's 17 page
memo. Mr. Arrington responded that he did not think this legislation removed
the need for a memo explaining how to interpret and implement S 1083.
TESTIMONY: Paul Arrington testified in favor of S 1222. He emphasized that this was a
critical piece of legislation that needed to move forward right away. He added
that this amendment did not change the way the original legislation worked. He
explained that this legislation clarified that subdivisions already in development
before July 1, 2025 were not included in the scope of S 1083. Without this
clarification, the scope of S 1083 applied to every subdivision in the state, which
was not the intention of the original legislation.
DISCUSSION: Senator Okuniewicz asked for some examples of the problems this legislation
solved. Mr. Arrington responded that there was a period of time last July where
he received 10 calls per day from county planning and zoning people, from
developers, and from landowners, wondering how to comply with S 1083. He
stated rural communities often take 10, 15, or 20 years to develop subdivisions.
He spoke about one developer who had 28 out of 30 lots in his subdivision built.
In order to comply with S 1083 as it was originally passed, he would have had
to create a whole different water system, particularly for irrigation, for the two
remaining lots. Senator Okuniewicz asked if moving forward, people with wells
of this type were not going to have as broad of rights as the ones who had the
same type of wells that predated implementation. Mr. Arrington responded
this was correct.
Senator Guthrie asked for examples of how local jurisdictions were handling the
implementation of this legislation. Mr. Arrington responded that he could not
speak to any specific local ordinance, but he had heard ideas such as making
sure surface water was available, using xeriscaping, and negotiating mitigation
provisions.
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Senator Anthon provided some additional clarity on how this legislation would
impact future developments. He emphasized S 1083 had always been about
fairness between farmers and developments in times of water shortage, but
the intention of S 1083 was not to change the rules for subdivisions already in
development. S 1222 restored fairness to people with developments already in
progress at the time S 1083 became law.
MOTION: Senator Harris moved to send S 1222 to the floor with a do pass
recommendation. Senator Cook seconded the motion. The motion carried by
voice vote.
GUBERNATORIAL
APPOINTMENT:
Committee Consideration of the Gubernatorial Appointment of Kenneth
Long of Horseshoe Bend, Idaho to the Outfitters and Guides Licensing
Board (Board) to serve a term commencing May 12, 2025 and expiring April 20,
2027. Mr. Long presented before the Committee and shared that he had lived in
Idaho his entire life. He and his family operated Cascade Raft and Kayak, which
ran half-day and full-day rafting trips on the Payette River. He had been a river
guide, but was now responsible for administration and outfitting. He had raced
on the United States Canoe Slalom team at the World Cup level for over 10
years and was an alternate for the 2000 Olympics.
DISCUSSION: Senator Cook asked what Mr. Long thought was the biggest challenge for the
Outfitters and Guides. Mr. Long responded that he thought one of the biggest
challenges was access and the incredible growth in the state of Idaho, which
had increased the pressure of use and number of people that were trying to
get onto different rivers.
Vice Chairman Hart asked Mr. Long to describe what kind of activities he
would have oversight over in his position. Mr. Long responded that the Board
mainly oversaw river users, hunting, land use, fishing, and some component of
snowmobiling. Vice Chairman Hart asked if the members of the Board were
distributed around the state geographically so that every part of the state was
represented. Mr. Long did not know.
GUBERNATORIAL
APPOINTMENT:
Committee Consideration of the Gubernatorial Appointment of Carl Rey of
Boise, Idaho to the Outfitters and Guides Licensing Board to serve a term
commencing May 12, 2025 and expiring April 20, 2027. Mr. Rey presented
before the Committee and shared that he lived in Boise, but was in the process
of moving to Weiser, Idaho. He had worked for the U.S. Fish and Wildlife Service
(FWS) as a biologist and as a refuge manager in California and Oregon and in
law enforcement. He left his civil service career to return to his agricultural roots.
He owned a cattle ranch in Weiser and was an avid hunter and fisherman. He
served on the Idaho Fish and Game Winter Southwest Winter Feeding Advisory
Committee, and had served on the Idaho Wolf Depredation Control Board.
DISCUSSION: Senator Guthrie praised Mr. Rey for his impressive history of commitment to
public service. Senator Cook also commended Mr. Rey on his impressive
resume and asked what the process was to evaluate the application of someone
that wanted to guide on a river. Mr. Rey responded that he was new to the
Board, so he did not know the exact answer to that question. He believed that
there was an application process and a review of the individual's history to check
for violations in his background and to determine if there was a need for public
hearing.
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Senator Kohl asked what some of the greatest challenges for this Board and
the outfitter and guide industry were, and if he had any general solutions in mind.
Mr. Rey responded that he thought the biggest challenge had to do with outfitter
allocations of tags and public allocation of tags. He believed Idaho was in the
process of working through this challenge. He added that another challenge was
managing the onslaught of additional population to Idaho.
PASSED THE
GAVEL:
Chairman Burtenshaw passed the gavel to Vice Chairman Hart.
DOCKET NO.
24-3501-2501
Rules of the Outfitters and Guides Licensing Board- Pending Rule. John
Price, Bureau Chief Executive Officer, Occupational Licensing and Division
Investigations, Division of Occupational and Professional Licenses (DOPL)
began by answering Senator Hart's question about representation on the Board.
He explained that the Board was comprised of five members, including three
licensed outfitters and guides representing hunting, fishing, and rafting, one
Idaho Fish and Game Commission representative, and one public member. Mr.
Ray was their public member and members were spread throughout Idaho.
Mr. Price referred the Committee to the 2026 Senate Resources and
Environment Committee Pending Rules Review Book, starting on Page 152. He
stated this rulemaking was initiated to comply with Executive Order 2020–01,
Zero-Based Regulation. He reviewed the rulemaking process for this Docket. He
reported that during the rulemaking process, input was received from Idaho Fish
and Game (IDFG), the Bureau of Land Management, the United States Forest
Service (USFS), and the Idaho Outfitters and Guides Association. Changes
included:
• Page 156, Section 100.05, which defined a designated agent, was removed
as duplicative of statute.
• Page 156, Section 203.04 was deleted as these were processed as an
overlap predator area.
• Pages 156 and 157, Section 203.05, added language to include trapping.
• Pages 157 through 159, Sections 257.03, 04, 05, and 09, added the words "or
limited" for tag designations. This was consistent with statute.
• Page 158, Section 205.04.c added a step to the designation calculations to
allow a tag to be designated for those that were rounded down when the
average use resulted in a number with 0.5, if enough tags were available.
• Page 163, Section 259.02 regarding SA-8 Salmon River was reworded to
better define the boundaries.
• Page 168, Section 259.03 regarding SN14 Snake River was reworded to
better define the boundaries.
• Page 169, Section 259.03, a typo was removed under the number of power
boats authorized.
DISCUSSION: Senator Cook ask Mr. Price to expand on the meaning of hot pursuit included
on page 156 and why this section was deleted. Mr. Price responded that
this definition was removed because after the rule was changed through red
tape reduction, this definition no longer made sense in this context. Requiring
permission ahead of time was not true hot pursuit.
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Senator Okuniewicz asked how remaining or additional tags were allocated
without the change noted in Section 257.03 regarding remaining or additional
tags, and if these might be offered to the general public. Mr. Price responded
this rule clarified how tags were designated within the pool of outfitters' tags and
changes would not impact the number of tags available for residents or the public.
Vice Chairman Hart asked if there was any overlap in jurisdiction between the
USFWS and IDFG and if they worked together. Mr. Price responded that the
Board usually worked with the USFWS when they conducted an investigation.
The Board had authority under Idaho statute to cooperate fully with USFWS. If
the USFWS sought disciplinary action or criminal action against an outfitter or
guide, that case came before the Board, and the Board then had the opportunity
to take additional disciplinary action. The Board also worked closely with IDFG.
MOTION: Senator Guthrie moved to approve Docket No. 24-3501-2501. Senator Cook
seconded the motion. The motion carried by voice vote.
PASSED THE
GAVEL:
Vice Chairman Hart passed the gavel to Chairman Burtenshaw.
ADJOURNED: There being no further business at this time, Chairman Burtenshaw adjourned
the meeting at 2:25 p.m.
___________________________ ___________________________
Senator Burtenshaw Shelly Johnson
Chair Secretary
SENATE RESOURCES & ENVIRONMENT COMMITTEE
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MINUTES
SENATE RESOURCES & ENVIRONMENT COMMITTEE
DATE: Monday, January 19, 2026
TIME: 1:30 P.M.
PLACE: Room WW55
MEMBERS
PRESENT:
Vice Chairman Hart, Senators Guthrie, Harris, Okuniewicz, Cook, VanOrden,
Kohl, and Taylor
ABSENT/
EXCUSED:
Chairman Burtenshaw
NOTE: The sign-in sheet, testimonies and other related materials will be retained with
the minutes in the committee's office until the end of the session and will then be
located on file with the minutes in the Legislative Services Library.
CONVENED: Vice Chairman Hart called the meeting of the Senate Resources and
Environment Committee (Committee) to order at 1:31 p.m.
DOCKET NO.
58-0102-2501
Water Quality Standards - Pending Rule, p. 235. Mary Anne Nelson, Surface
and Wastewater Division Administrator, Idaho Department of Environmental
Quality (DEQ) , explained this Docket updated rules regarding Idaho’s Water
Quality Standards to ensure consistency with final actions taken by the U.S.
Environmental Protection Agency (EPA). She referred the Committee to the
2026 Senate Resources and Environment Committee Pending Rules Review
Book, starting on page 235.
This rulemaking removed outdated or inapplicable content from the rule and
aligned Idaho’s Water Quality Standards with final EPA actions under the Clean
Water Act. It addressed outcomes from three prior dockets; 58-0102-2201,
58-0102-1101, and 58-0102-1803. It removed arsenic from the table on page
248 to reflect that the arsenic criteria was not dependent on water hardness.
The EPA approved Docket 58-0102-2201, which had to do with Idaho's arsenic
criteria, except for the provision related to calculating arsenic criterion, so this
was removed from the rule (page 251). The remaining changes addressed
thermal limits noted in Section 401.01 on pages 253-254. EPA disapproved
DEQ's proposed removal of statewide thermal treatment limits for point source
dischargers in Docket 58-0102-1101, approved by the legislature in 2012, so
this rulemaking restored those provisions to how they appeared in the 2011
Idaho Administrative Code. EPA disapproved DEQ proposed changes to the
de minimis temperature allowance in Docket 58-0102-1803, approved by the
legislature in 2018, so this rulemaking removed the DEQ proposed changes and
replaced them with the EPA approved version.
DISCUSSION: Vice Chairman Hart asked if there were public hearings held for Docket No.
58-0102-2501 or Docket No. 58-0116-2501. Ms. Nelson responded that they
did not conduct negotiated rulemaking for Docket No. 58-0102-2501, as DEQ
was only aligning rules to reflect EPA disapproval actions, but they did hold
hearings for Docket No. 58-0116-2501. Senator Okuniewicz asked what
DEQ wanted to achieve in the prior rulemaking that the EPA did not like. Ms.
Nelson responded DEQ wanted some flexibility with calling waters impaired by
temperature, but the EPA wanted to keep strict criteria.
MOTION: Senator Okuniewicz moved to approve Docket No. 58-0102-2501. Senator
Harris seconded the motion. The motion carried by voice vote.

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DOCKET NO.
58-0116-2501
Wastewater Rules (ZBR Chapter Rewrite) - Pending Rule, p. 420. Ms.
Nelson referred the Committee to the 2026 Senate Resources and Environment
Committee Pending Rules Review Book, starting on page 420. She explained
the purpose of these rules was to ensure wastewater systems were planned
and built in a manner that protected public health, safeguarded surface and
groundwater quality, and ensured long-term system reliability and safety. These
rules provided the framework for DEQ review and approval of engineering plans
and specifications, established when licensed operators were required, and set
performance expectations for both municipal and non-municipal wastewater
systems.
Ms. Nelson explained that DEQ initiated this rulemaking in compliance with
Executive Order 2020-01, Zero-Based Regulation. She reviewed the rulemaking
process for this Docket, which included meetings with stakeholders and public
comment. The primary concern raised in public comment was that revisions to
the Wastewater Rules did not inadvertently apply municipal wastewater system
requirements to aquaculture facilities, and that the rules continued to clearly
distinguish fish production water use from waste treatment systems. In response
to this public comment, DEQ:
• added the 1997 Idaho Waste Management Guidelines for Aquaculture
Operations as a referenced material
• revised gray water language in the definitions section
• restored the definition of "pollutant" based on stakeholder input
• updated Section 401 to clearly specify which aquaculture components require
plan review, consistent with Idaho Code § 39-118(5)
In addition, DEQ used incorporation by reference to update the rule language to
reflect the 2020 Edition of the Idaho Standards for Public Works Construction.
This was last updated in 2007. The only resulting change was a change to the
formula for calculating allowable leakage in installed pressure pipe.
Overall, the rulemaking focused on clarity and modernization. Key improvements
included replacing "shall" with "must" or "will" for enforceability and clarity,
removing outdated and duplicative sections, streamlining and clarifying
definitions, aligning wastewater rules with recently updated drinking water rules,
consolidating setback requirements into a single section, clarifying lagoon
construction requirements, and improving clarity around sludge disposal and
utilization. These changes did not expand DEQ's statutory authority or create
any new permit programs.
DISCUSSION: Vice Chairman Hart asked if these rules applied to the wastewater treatment
plant for the Bunker Hill groundwater in Legislative District 2. Ms. Nelson
responded that they do.
Vice Chairman Hart requested a motion to hold the vote on this Docket, as the
Committee was unable to hear from someone registered to testify remotely due
to technical difficulties.
MOTION: Senator Harris moved to hold Docket No. 58-0116-2501 subject to call of the
Chair. Senator Guthrie seconded the motion. The motion carried by voice vote.
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DOCKET NO.
58-0105-2501
Rules and Standards for Hazardous Waste - Pending Rule, p. 255. Michael
McCurdy, Waste Management and Remediation Division Administrator, DEQ,
explained this Docket represented the annual incorporation by reference of
federal regulations into the State’s Rules and Standards for Hazardous Waste.
These rules regulated the generation, transportation, treatment, storage, and
disposal of hazardous waste. He referred the Committee to the 2026 Senate
Resources and Environment Committee Pending Rules Review Book, starting
on page 255.
This rulemaking included the adoption by reference of final federal hazardous
waste regulations through July 1, 2025. It also added Part 271 to the Code
of Federal Regulations Title 40 sections the DEQ Hazardous Waste Program
incorporates by reference. Part 271 related to the authorization of state
programs to implement hazardous waste regulations in lieu of the EPA. This was
an oversight and should have been included previously in the incorporated
provisions. Negotiated rulemaking meetings were not held as they were only
aligning rules with the EPA. There was opportunity for public comment, but
no comments were received. He referred the Committee to a summary of the
Code of Federal Regulations sections the DEQ Hazardous Waste Program
incorporates by reference, which could be accessed via the link at the top of
page 255; LSO Rules Analysis Memo.
DISCUSSION: Vice Chairman Hart asked if there were any substantive changes in the federal
regulations. Mr. McCurdy responded that a portion of the e-Manifest system
was the only thing new for the past year.
MOTION: Senator Guthrie moved to approve Docket No. 58-0105-2501. Senator Harris
seconded the motion. The motion carried by voice vote.
DOCKET NO.
58-0106-2501
Solid Waste Management Rules (ZBR Chapter Rewrite) - Pending Rule,
p. 258. Mr. McCurdy explained rulemaking for this Docket was initiated in
2025 in response to Executive Order 2020-01, commonly known as Zero Based
Regulation (or ZBR). He referred the Committee to the 2026 Senate Resources
and Environment Committee Pending Rules Review Book, starting on page 258.
Mr. McCurdy reviewed the rulemaking process for this Docket and a few of the
more substantive changes, which were:
• New Section 001.01, Wastes Not Regulated Under These Rules, pages
260-261. There were corrections or updates to several subparts, including
several based on changes to other rule chapters.
• Section 004, Applicability, page 262. There was a global change of
groundwater from two words to one word, which was the more commonly
accepted version, and some corrections to subsection citations.
• Section 005, Definitions, page 262. Definitions identified in statute or referred
to within the rule were removed.
• Section 007, Incorporation by Reference, pages 267-268. Unnecessary
language was deleted and language was added to reference federal
regulations.
• Section 010.01.a.i., Below Regulatory Concern Facilities, page 270. This
Section was rewritten based on the inclusion of a definition in Section 005.
Unnecessary tag lines were deleted from multiple subsections. Similar
revisions were made to Sections 011., 012., and 013.
• Section 060, Violations, page 291. This section was deleted as it was already
covered under section 39-108.
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DISCUSSION: Vice Chairman Hart asked why the definition of solid waste was deleted from
page 266. Mr. McCurdy responded that this definition was already included in
Idaho code and was referenced at the beginning of Section 005 on page 262.
Vice Chairman Hart asked what a Tier I facility was versus a Tier II facility. Mr.
McCurdy explained DEQ classified non-municipal landfills as Tier I, II, or III
based on the type and quantity of waste they receive, with requirements most
stringent for a Tier III facility.
Senator Guthrie stated that if something was struck from the rule and moved, it
would be helpful to know if it was gone for good or if it was moved to another
area, and if language was new to the rule, if it was new or just something moved
from somewhere else. Senator Guthrie asked if there was ever a concern
that moving things from one chapter to another might change their meaning
because they were within a different context. Mr. McCurdy responded that
if there was a contextual issue between definitions, then DEQ would include
a specific definition within the rule that went along with information and the
content of that rule, specifically, because they would not want to have multiple
definitions if they could avoid them.
MOTION: Senator Harris moved to approve Docket No. 58-0106-2501. Senator
Okuniewicz seconded the motion. The motion carried by voice vote.
DOCKET NO.
58-0101-2501
Rules for the Control of Air Pollution in Idaho Pending Rule, p.231. Michael
Simon, Air Quality Division Administrator, DEQ, referred the Committee to the
2026 Senate Resources and Environment Committee Pending Rules Review
Book, starting on page 231. He explained this Docket contained the Air Quality
Division’s annual Incorporation by Reference of federal regulations and included
federal air quality changes made to the Federal Regulations through July 1,
2025.
DEQ did not conduct negotiated rulemaking as they were only aligning to
federally required rules. There was opportunity for public comment, but no
comments were received. He referred the Committee to the top of Page 231,
which included a link to an Incorporation by Reference synopsis.
He reviewed some significant federal actions, which were:
• EPA approved Idaho’s State Implementation Plan (SIP) updating the
incorporation by reference of federal regulations including updates made to
DEQ's zero-based rulemaking.
• EPA approved Idaho’s 2014 plan that regulated existing hospital, medical,
and infectious waste incinerators.
• EPA revised the secondary Sulfur Dioxide National Ambient Air Quality
Standard. DEQ determined that air quality levels throughout the state met
this new standard. In the same action, the EPA decided to retain the existing
secondary standards for Nitrogen Oxides and Particulate Matter.
• EPA finalized technical updates to its air quality modeling guidelines and the
AERMOD modeling system.
EPA also finalized updates to several regulations under the New Source
Performance Standards and National Emission Standards for Hazardous Air
Pollutant programs.
• For reciprocating internal combustion engines, electronic reporting was added
to streamline and improve data submittals by industry.
• For Bulk Gasoline Distribution facilities, EPA set lower emission standards for
new sources. Existing sources will now comply with electronic reporting and
increased monitoring of control device performance.
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• For new or modified Volatile Organic Liquid storage vessels, EPA finalized
lower emission standards along with new emission controls, inspection,
and monitoring requirements. For existing storage tanks, additional record
keeping was required to document the original date of construction or
modification. In Idaho, these changes mainly affect the petroleum industry.
Two EPA rules were disapproved under the Congressional Review Act. One
of these affected certain major sources of hazardous air pollutants that may
reclassify to an area source status. Previously, those sources were required
to keep meeting the standard, known as the Maximum Achievable Control
Technology, or MACT. In June of last year, Congress overturned this rule. As
a result, facilities that reduce hazardous air pollutant emissions below major
source thresholds can now have their permits revised to reflect area source
status and the removal of the MACT requirements.
DISCUSSION: Vice Chairman Hart asked where he could get a hard copy of the Code of
Federal Regulations. Mr. Simon responded that this was generally accessed
online and DEQ no longer requested hard copies.
MOTION: Senator Guthrie moved to approve Docket No. 58-0101-2501. Senator Harris
Harris seconded the motion. The motion carried by voice vote.
ADJOURNED: There being no further business at this time, Vice Chairman Hart adjourned the
meeting at 2:27 p.m.
___________________________ ___________________________
Senator Hart Shelly Johnson
Vice Chair Secretary
SENATE RESOURCES & ENVIRONMENT COMMITTEE
Monday, January 19, 2026—Minutes—Page 5

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MINUTES
SENATE RESOURCES & ENVIRONMENT COMMITTEE
DATE: Wednesday, January 14, 2026
TIME: 1:30 P.M.
PLACE: Room WW55
MEMBERS
PRESENT:
Chairman Burtenshaw, Vice Chairman Hart, Senators Guthrie, Okuniewicz,
VanOrden, Kohl, and Taylor
ABSENT/
EXCUSED:
Senators Harris and Cook
NOTE: The sign-in sheet, testimonies and other related materials will be retained with
the minutes in the committee's office until the end of the session and will then be
located on file with the minutes in the Legislative Services Library.
CONVENED: Chairman Burtenshaw called the meeting of the Senate Resources and
Environment Committee (Committee) to order at 1:30 p.m.
INTRODUCTION: Introduction of Page - Marley Johnson. Chairman Burtenshaw introduced
Senate Page Marley Johnson. Ms. Johnson told the Committee about herself and
shared some of her plans for the future.
RS 32962 Relating to Domestic Wells. Senator Anthon explained this legislation addressed
some issues with S 1083, which the legislature passed in 2025. The intention of S
1083 was to bring domestic well pumping into parity with water usage around the
state, but as this was implemented, questions arose about subdivisions already in
development before the legislation's enactment date.
MOTION: Senator Okuniewicz moved that RS 32962 be sent to print. Senator Taylor
seconded the motion. The motion carried by voice vote.
RS 32937 Relating to Water Districts. Paul Arrington, Idaho Water Users Association,
explained this legislation allowed the patrons within a water district to adopt a
resolution to allow costs pertaining to one specific property to be charged directly to
that property, as opposed to all water users within that district.
MOTION: Senator Kohl moved that RS 32937 be sent to print. Senator Taylor seconded the
motion. The motion carried by voice vote.
RS 32938 Relating to PERSI. Paul Arrington, Idaho Water Users Association, explained
that current statutes stated a PERSI retiree could work for up to five months without
impacting their retirement benefits. The statues included an exception to this "five
month" rule for PERSI retirees working in certain fields, including allowing a PERSI
retiree to work up to eight months with an "irrigation district" without impacting
their benefits. This was important because the length of an irrigation season was
more than five months. This legislation clarified that the term "irrigation district," as
used in the PERSI code, referred to all irrigation and drainage entities, which was
consistent with the historical application of the provision.
MOTION: Senator Guthrie moved that RS 32938 be sent to print. Senator VanOrden
seconded the motion. The motion carried by voice vote.
ADJOURNED: There being no further business at this time, Chairman Burtenshaw adjourned
the meeting at 1:39 p.m.

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___________________________ ___________________________
Senator Burtenshaw Shelly Johnson
Chair Secretary
SENATE RESOURCES & ENVIRONMENT COMMITTEE
Wednesday, January 14, 2026—Minutes—Page 2

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