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S1259..........................................by RESOURCES AND ENVIRONMENT WATER DISTRICTS - Amends existing law to revise notification provisions relating to water district meetings. 01/17 Senate intro - 1st rdg - to printing 01/18 Rpt prt - to Res/Env 02/07 Rpt out - rec d/p - to 2nd rdg 02/08 2nd rdg - to 3rd rdg 02/14 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Williams Title apvd - to House 02/15 House intro - 1st rdg - to Res/Con 02/28 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/15 3rd rdg - PASSED - 62-0-8 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Collins, Deal, Denney, Edmunson, Eskridge, Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Rusche, Rydalch, Sali, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wood NAYS -- None Absent and excused -- Clark, Crow, Ellsworth, Harwood, Ring, Sayler, Wills, Mr. Speaker Floor Sponsor - Wood Title apvd - to Senate 03/16 To enrol 03/17 Rpt enrol - Pres signed - Sp signed 03/20 To Governor 03/22 Governor signed Session Law Chapter 146 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1259 BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO WATER DISTRICTS; AMENDING SECTION 42-605, IDAHO CODE, TO REVISE 3 NOTIFICATION PROVISIONS RELATING TO WATER DISTRICT MEETINGS AND TO MAKE A 4 TECHNICAL CORRECTION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 42-605, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 42-605. DISTRICT MEETINGS -- WATERMASTER AND ASSISTANTS -- ELECTION -- 9 REMOVAL -- OATH AND BOND -- ADVISORY COMMITTEE. (1) There shall be held on the 10 first Monday in March in each year, and, except as provided in subsection (2) 11 of this section, commencing at two o'clock P.M., a meeting of all persons own- 12 ing or having the use of a water right, in the waters of the stream or water 13 supply comprising such district, which right has been adjudicated or decreed 14 by the court or is represented by valid permit or license issued by the 15 department of water resources. 16 (2) Such meeting shall be held at some place within the water district, 17 or at some nearby location convenient to a majority of those entitled to vote 18 thereat, which place shall be designated by the director of the department of 19 water resources. The director shall,between January first and February first20of each year, notifyat least twenty-one (21) days prior to the meeting date, 21 send notification by regular mail to all persons, companies or corporations 22 known by the director to hold rights to the use of the waters of such dis- 23 trict, which right has been adjudicated or decreed by the court or is repre- 24 sented by valid permit or license issued by the department of water resources, 25 of the time, date, location and purpose of the annual meeting. At any annual 26 meeting the water users may vote to waive the requirement for notice by mail 27 and provide for notice to be given for future meetings by publication of the 28 time, date, location and purpose of the meeting in a newspaper or newspapers 29 in general circulation in the district. Published notice shall be made once 30 per week for two (2) consecutive weeks with the second notice appearing at 31 leastthirtyfourteen (3014) and not more thansixtythirty (630) days prior 32 to the meeting. In water districts whose area includes land in more than four 33 (4) counties the annual meeting shall commence at ten o'clock A.M. instead of 34 two o'clock P.M.: provided, that the water users of any water district may, by 35 resolution adopted at an annual meeting or at a special meeting properly 36 called for that purpose, change the time of day when the meeting shall com- 37 mence or change the date for annual meetings in subsequent years to any day 38 except Saturday and Sunday between the second Monday of January and the third 39 Monday in March or change both the time and the date, in which case the direc- 40 tor of the department of water resources shall send notification at least 41thirtytwenty-one (3021) days prior to said meeting date. At an annual meeting 42 the water users may adopt resolutions to assure or improve the distribution of 43 the waters of the district within state law, and may provide that such resolu- 2 1 tions shall continue from year to year. 2 (3) At the meeting of the water users of a district there shall be 3 elected a watermaster for such water district, who may be authorized to employ 4 such other regular assistants as the water users shall deem necessary, and 5 who, upon appointment by the director of the department of water resources, 6 shall be responsible for distribution of water within said water district, and 7 the water users shall, prior to the election of such watermaster and approval 8 of the employment of assistants, fix the compensation to be paid them during 9 the time actually engaged in the performance of their duties. 10 (4) Voting shall be by majority vote of the water users present at the 11 meeting unless one (1) or more water users requests voting using the procedure 12 which follows in this subsection. In such case the meeting chairman shall 13 appoint a credentials committee to determine the number of votes each water 14 user present is authorized to cast. If requested, each person present, owning 15 or having the use for the ensuing season of any water right in the stream or 16 water supply comprising such water district, which right has been adjudicated 17 or decreed by the court or is represented by valid permit or license issued by 18 the department of water resources, shall be entitled to a number of votes 19 equal to the average annual dollar amount and any fraction thereof assessed 20 for that person's qualifying water right for the previous five (5) years, or 21 such lesser number of years as the right has been assessed. If a right has not 22 previously been assessed, a person present, owning or having the use of the 23 right for the ensuing season shall be entitled to a number of votes equal to 24 the dollar amount and any fraction thereof which the right would have been 25 assessed had it existed and been reasonably used when water was available 26 under the priority of the right during the previous season. 27 (5) At such meeting the water users shall choose a meeting chairman and 28 meeting secretary and shall determine the manner and method of electing the 29 watermaster. The water users shall, at the annual meeting, provide for the 30 water district treasurer functions in accordance with section 42-619, Idaho 31 Code. Within five (5) days after such meeting the meeting chairman and meeting 32 secretary shall forward a certified copy of the minutes of such meeting to the 33 department of water resources. The meeting chairman, or the meeting secretary, 34 if the meeting chairman is not present, from the immediately preceding annual 35 meeting shall call the meeting to order and preside over the election of offi- 36 cers for the meeting. 37 (6) At such meeting the water users may choose an advisory committee to 38 be composed of members selected as may be determined at the meeting, which 39 committee shall serve as advisors to the director and the watermaster in mat- 40 ters pertaining to the distribution of water within the district. The advisory 41 committee may be authorized to carry out policies as set forth in resolutions 42 duly adopted by the water users at the annual meeting or at a special meeting. 43 The advisory committee may also serve as the local committee to facilitate the 44 rental of stored water if appointed by the water resource board for such pur- 45 pose under the provisions of section 42-1765, Idaho Code. 46 (7) A corporation or a water delivery organization, including, but not 47 limited to a corporation, a water company, an irrigation district, an irriga- 48 tion company or a canal company, shall be considered a person for the purpose 49 of this section and shall cast its vote by someone to be designated by the 50 corporation. 51 (8) Should said meeting not be held, or should said watermaster not be 52 elected or the watermaster's compensation not be fixed as above provided, then 53 the director of the department of water resources is authorized to appoint a 54 watermaster and fix the watermaster's compensation. 55 (9) The director of the department of water resources may remove any 3 1 watermaster whenever such watermaster fails to perform the watermaster's duty, 2 upon complaint in that respect being made to the director in writing, by one 3 (1) person owning or having the right to the use of a water right in such dis- 4 trict, which right has been adjudicated or decreed by the court or is repre- 5 sented by valid permit or license issued by the department of water resources 6 provided, that upon investigation the director, after a hearing with the other 7 water users of said district, which shall be held in the district or at some 8 location convenient to the water users of the district, finds such charge to 9 be true, and the director may appoint a successor for the unexpired term. 10 (10) Before entering upon the duties of the watermaster's office, said 11 watermaster shall take and subscribe an oath before some officer authorized by 12 the laws of the state to administer oaths, to faithfully perform the duties of 13 the watermaster's office, as provided in section 42-607, Idaho Code, and shall 14 file that oath with the department of water resources. Upon appointment by the 15 director of the department of water resources, the actions taken by a water- 16 master in fulfillment of the duties of his office are covered by the state 17 group surety bond as provided by sections 59-801 through 59-804, Idaho Code. 18 (11) The director shall call a special meeting of the water users of a 19 district upon receipt of a written request for such meeting from a majority of 20 the members of the advisory committee for a district, a written request from 21 water users representing thirtyper centpercent (30%) or more of the votes 22 cast at the last regular annual meeting, a written request from the water- 23 master or on the director's own motion if the director determines a meeting is 24 necessary to address matters that cannot be delayed until the next regular 25 annual meeting. Notice of the time, place and purpose of the special meeting 26 shall be given by the director in the manner provided insection 42-605(2),27Idaho Codesubsection (2) of this section, provided however, that a special 28 meeting notice shall be sent at least fourteen (14) days prior to the meeting 29 date. 30 (12) The water users may, by resolution, authorize the watermaster to 31 acquire, hold and dispose of such real and personal property, equipment and 32 facilities in the name of the water district as necessary for the proper dis- 33 tribution of water and shall provide that all such real and personal property 34 shall remain in the custody of the watermaster and the watermaster's succes- 35 sor.
STATEMENT OF PURPOSE RS 15431 The purpose of this legislation is to amend Idaho Code § 42- 605(2) and (11) to change the time required for the Director to send notification of annual water district meetings from thirty (30) days to twenty-one (21) days, and for special meetings from thirty (30) days to fourteen (14) days. Past experience indicates that a notice period of less than thirty days is more effective, and some water districts have specifically requested a shortened notice period. Special water district meetings are typically called to address a problem of some urgency and the requirement for a thirty-day notice sometimes frustrates the need to address an urgent matter in a timely fashion. FISCAL NOTE Enactment of this legislation will not have a negative impact upon the state’s general fund or other state or local funds. CONTACT Name: Karl Dreher Agency: Water Resources, Dept. of Phone: 287-4803 STATEMENT OF PURPOSE/FISCAL NOTE S 1259