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H0545.........................................by RESOURCES AND CONSERVATION
WATER RIGHTS - Amends existing law to extend the time periods for filing
certain information with the Department of Water Resources; to extend the
time period for late filing fees; to provide that the director of the
Department of Water Resources may waive late filing fees for good cause; to
provide that filing an application to change a water right in certain
circumstances shall be deemed in compliance; to provide filing fees; and to
provide a procedure for receiving notice of certain actions affecting a
water right.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Res/Con
02/18 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 57-0-13
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Denney, Field(20), Gagner, Hadley, Hansen(23), Hansen(29), Henbest,
Hornbeck, Jaquet, Jones, Judd, Kempton, Kendell, Kunz, Lake,
Loertscher, Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer,
Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Trail(Miller), Zimmermann
NAYS -- None
Absent and excused -- Deal, Ellsworth, Field(13), Geddes, Gould,
Hammond, Kellogg, Linford, McKague, Pischner, Wheeler, Wood, Mr
Speaker
Floor Sponsor - Stevenson
Title apvd - to Senate
02/25 Senate intro - 1st rdg - to Res/Env
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/30 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Branch
Title apvd - to House
03/31 To enrol
04/03 Rpt enrol - Sp signed
04/04 Pres signed - to Governor
04/14 Governor signed
Session Law Chapter 313
Effective: 07/01/00
H0545
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 545
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO WATER RIGHTS; AMENDING SECTION 42-248, IDAHO CODE, TO EXTEND THE
3 TIME PERIODS FOR FILING CERTAIN INFORMATION WITH THE DEPARTMENT OF WATER
4 RESOURCES, TO EXTEND THE TIME PERIOD FOR LATE FILING FEES, TO PROVIDE THAT
5 THE DIRECTOR MAY WAIVE LATE FILING FEES FOR GOOD CAUSE, TO PROVIDE THAT
6 FILING AN APPLICATION TO CHANGE A WATER RIGHT IN CERTAIN CIRCUMSTANCES
7 SHALL BE DEEMED COMPLIANCE, TO PROVIDE FILING FEES, TO PROVIDE A PROCEDURE
8 FOR RECEIVING NOTICE OF CERTAIN ACTIONS AFFECTING A WATER RIGHT AND TO
9 MAKE TECHNICAL CORRECTIONS.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 42-248, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 42-248. NOTIFICATION OF CHANGE OF IN OWNERSHIP OF A WATER RIGHT OR CHANGE
14 OF ADDRESS OF A WATER RIGHT HOLDER OWNER -- NOTICE OF ACTION AFFECTING A WATER
15 RIGHT. (1) All persons owning or claiming ownership of a right to use the
16 water of this state, whether the right is represented by decree of the court,
17 by claim to a water right filed with the department of water resources or by
18 permit or license issued by the director of the department of water resources,
19 shall provide notice to the department of water resources of any change in
20 ownership of any part of the water right or of any change in the owner's mail-
21 ing address, either of which occurs after July 1, 1996 June 30, 2000. Notice
22 shall be provided within one hundred twenty (120) days of any change using
23 forms acceptable to the director. Any notice received by the department of
24 water resources more than one hundred twenty (120) days after the change in
25 ownership or mailing address has occurred shall be accompanied by a late fil-
26 ing fee. The late filing fee shall be one hundred dollars ($100). The director
27 may waive the late filing fee or a portion thereof for good cause.
28 (2) All persons owning or claiming ownership of a right to use the water
29 of this state that is evidenced by a water right recorded with the department
30 of water resources prior to July 1, 1996 June 30, 2000, and for which a claim
31 to water right, with current ownership and mailing address, is not on file
32 with the department of water resources in the Snake River Basin Adjudication,
33 Twin Falls Civil Case No. 39576, shall verify with the department that the
34 ownership and mailing address information in the department's records is cor-
35 rect. Any incorrect ownership or mailing address shall be corrected by the
36 owner or claimant of the water right by June 30, 1998 July 1, 2002, using
37 forms acceptable to the director. Any mailing address or ownership corrections
38 required by this subsection received by the department of water resources
39 after June 30, 1998 July 1, 2002, shall be subject to the late filing fee
40 described in subsection (1) of this section. The director may waive the late
41 filing fee or a portion thereof for good cause.
42 (3) The director of the department of water resources will be deemed to
43 have provided notice concerning any action by the director affecting a water
2
1 right or claim if a notice of the action is mailed to the address and owner of
2 the water right shown in the records of the department of water resources at
3 the time of mailing the notice.
4 (4) Subsections (1) and (2) of this section shall apply only in areas of
5 the state for which a general adjudication pursuant to chapter 14, title 42,
6 Idaho Code, is commenced or completed on or after January 1, 1980. Compliance
7 with section 42-1409(6), Idaho Code, shall be deemed to be compliance with
8 this section. The filing of an application to change a water right under the
9 provisions of section 42-211 or section 42-222, Idaho Code, showing a change
10 in address of the owner of the right, and accompanied by evidence documenting
11 any change in ownership of the water right, shall be deemed compliance with
12 this section.
13 (5) A filing fee of twenty-five dollars ($25.00) per right shall accom-
14 pany a notice of change of ownership of a water right, provided that the fee
15 shall be one hundred dollars ($100) per right if a request is made to change
16 the department's records to reflect a division in the ownership of the water
17 right resulting from a division in the ownership of the place of use under the
18 water right. A notice of change of ownership of all or part of a water right
19 shall be accompanied by evidence showing the basis for the change in owner-
20 ship, and how the right is divided if the change divides the right among mul-
21 tiple owners.
22 (6) Any person having a security interest in a water right and desiring
23 to be notified by the department regarding the filing of a change in ownership
24 of that water right or of any proposed or final action to amend, transfer or
25 otherwise modify that water right shall make the request upon a form provided
26 by the department accompanied by a fee of twenty-five dollars ($25.00) per
27 right. The request shall be accompanied by evidence of the security interest
28 including the expiration date of the security interest or other date defining
29 the end of the period for which notification is requested. The request for
30 notification shall expire at the end of the requested notification period
31 unless renewed on a form provided by the department and accompanied by a
32 renewal fee of twenty-five dollars ($25.00) per right. The holder of a secu-
33 rity interest requesting notification under this subsection shall provide
34 notice to the department within sixty (60) days if the security interest is
35 terminated prior to the end of the requested notification period.
STATEMENT OF PURPOSE
RS0938SC1
Idaho law requires water right owners in part of Idaho to file a notice of
change in ownership or owner's address for a water right. This legislation
would make the requirement apply statewide and would provide for a fee to
accompany a notice which changes the ownership of a water right.
The legislation would also provide that anyone having a security interest
in a water right can file a notice requesting to be notified of actions affecting the
right and payment of a fee accompanying such notice.
FISCAL IMPACT
Receipts to the fee account for ownership changes would be approximately
$32,500 per year based on an estimated submittal of 1,000 notices.
Receipts to the fee account for notices of those having a security interest would be
about $5,000 per year based on an estimated filing of 200 notices.
CONTACT
Name: Karl Dreher/Norm Young
Agency: Department of Water Resources
Phone: 327-7910
STATEMENT OF PURPOSE/FISCAL IMPACT H 545