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H0536.........................................by RESOURCES AND CONSERVATION
WATER MEASUREMENT DISTRICTS - Amends existing law relating to water
measurement districts to change the authorized dates for holding annual
water measurement district meetings and to permit changes in the
hydrographer's term of service.
01/28 House intro - 1st rdg - to printing
01/29 Rpt prt - to Res/Con
02/06 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/11 3rd rdg - PASSED - 65-0-5
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
Jones(9), Jones(22), Jones(20), Judd, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Miller, Mortensen, Newcomb, Pischner, Reynolds, Richman, Ridinger,
Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
Tilman, Tippets, Watson, Wheeler, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Geddes, Kellogg, Pomeroy, Trail, Wood
Floor Sponsor - Wheeler
Title apvd - to Senate
02/12 Senate intro - 1st rdg - to Res/Env
02/17 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Stennett, Sweeney,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Sorensen
Floor Sponsor - Stennett
Title apvd - to House
03/11 To enrol
03/12 Rpt enrol - Sp signed
03/13 Pres signed
03/16 To Governor
03/17 Governor signed
Session Law Chapter 44
Effective: 07/01/98
H0536|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 536 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO WATER MEASUREMENT DISTRICTS; AMENDING SECTION 42-707, IDAHO CODE, 3 TO CHANGE THE AUTHORIZED DATES FOR HOLDING ANNUAL WATER MEASUREMENT DIS- 4 TRICT MEETINGS; AND AMENDING SECTION 42-710, IDAHO CODE, TO PERMIT CHANGES 5 IN THE HYDROGRAPHER'S TERM OF SERVICE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 42-707, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 42-707. DISTRICT MEETINGS -- DISTRICT HYDROGRAPHER AND ASSISTANTS -- 10 ELECTION -- REMOVAL -- OATH AND BOND -- ADVISORY COMMITTEE -- DISTRICT TREA- 11 SURER. (1) There shall be held, except as provided in subsection (2) of this 12 section, on the first Monday in November in each year commencing at two 13 o'clock P.M., a meeting of all persons owning or having the use of a water 14 right in the waters of the stream or water supply comprising such district. 15 For purposes of this chapter, a water right is a right which has been adjudi- 16 cated by the court, is represented by valid permit or license issued by the 17 department of water resources, or is based upon diversion and beneficial use 18 and is recorded by a claim to water right on file with the department of water 19 resources. 20 (2) Such meeting shall be held at some place within the water measurement 21 district, or at some nearby location convenient to a majority of those enti- 22 tled to vote thereat, which place shall be designated by the director of the 23 department of water resources. The director shall provide notice of district 24 meetings by publication of the time, date, location and purpose of the meeting 25 in a newspaper or newspapers in general circulation in the district. Published 26 notice shall be made once per week for two (2) consecutive weeks with the sec- 27 ond notice appearing at least thirty (30) and not more than sixty (60) days 28 prior to the meeting. The appropriators or water users of any water measure- 29 ment district may, by resolution adopted at an annual meeting or at a special 30 meeting properly called for that purpose, change the time of day when the 31 meeting shall commence or change the date for annual meetings in subsequent 32 years to any day , except Saturday or Sunday , between 33 the first Monday of November and thethirdfourth 34 Monday inDecemberFebruary or change both the time 35 and the date. At an annual meeting the appropriators or water users may adopt 36 resolutions to assure or improve the measurement of the waters of the district 37 within state law, and may provide that such resolutions shall continue from 38 year to year. 39 (3) At the meeting of the appropriators or water users of a district 40 there shall be elected a qualified district hydrographer for such water mea- 41 surement district, who may be authorized to employ such other qualified regu- 42 lar assistants as the appropriators or water users shall deem necessary, and 43 who, upon qualification and appointment by the director of the department of 2 1 water resources, shall be responsible for measurement of water as in this 2 chapter required within the water measurement district, and the appropriators 3 or water users shall, prior to the election of such district hydrographer and 4 approval of the employment of assistants, fix the compensation to be paid them 5 during the time actually engaged in the performance of their duties. Qualifi- 6 cations for the district hydrographer and hydrographer's assistants include: 7 (a) Any combination of education or experience that demonstrates to the 8 satisfaction of the director of the department of water resources the 9 applicant's ability to conduct water measurements, to perform mathematical 10 computations associated with water measurements, to keep complete and 11 accurate records of water measurements, to be familiar with common termi- 12 nology associated with water rights and water diversion and use, and to be 13 able to read public land legal descriptions, translate written public land 14 legal descriptions to map locations and find those locations on the land; 15 and 16 (b) In addition, the district hydrographer's qualifications shall include 17 any combination of education or experience that demonstrates to the satis- 18 faction of the director of the department of water resources the 19 applicant's ability to keep financial records as those records pertain to 20 the expenses of the district, prepare a budget, and prepare assessments 21 and billings for the appropriators or water users in the district. 22 (4) The appropriators or water users may, by resolution, authorize the 23 district hydrographer to utilize, through a memorandum of understanding, water 24 delivery organizations as hydrographer's assistants. 25 (5) Voting shall be by majority vote of the appropriators or water users 26 present at the meeting unless one (1) or more appropriators or water users 27 requests voting using the procedure which follows in this subsection. In such 28 case the meeting chairman shall appoint a credentials committee to determine 29 the number of votes each appropriator or water user present is authorized to 30 cast. If requested, each person present, owning or having the use for the 31 ensuing season of any water right in the stream or water supply comprising 32 such water measurement district shall be entitled to a number of votes equal 33 to the average annual dollar amount and any fraction thereof assessed for that 34 person's qualifying water right for the previous five (5) years, or such 35 lesser number of years as the right has been assessed. If a right has not pre- 36 viously been assessed, a person present, owning or having the use of the right 37 for the ensuing season shall be entitled to a number of votes equal to the 38 dollar amount and any fraction thereof which the right would have been 39 assessed had it existed and been used during the previous year. 40 (6) At such meeting the appropriators or water users shall choose a meet- 41 ing chairman and meeting secretary and shall determine the manner and method 42 of electing the district hydrographer. Within five (5) days after such meeting 43 the meeting chairman and meeting secretary shall forward a certified copy of 44 the minutes of such meeting to the department of water resources. The meeting 45 chairman, or the meeting secretary if the meeting chairman from the immedi- 46 ately preceding annual meeting is not present, shall call the meeting to order 47 and preside over the election of officers for the meeting. 48 (7) At such meeting the appropriators or water users may choose an advi- 49 sory committee to be composed of members selected as may be determined at the 50 meeting, which committee shall serve as advisors to the director and the dis- 51 trict hydrographer in matters pertaining to the measurement of water within 52 the district. The advisory committee may be authorized to carry out policies 53 pertaining to the measurement of water within the district as set forth in 54 resolutions duly adopted by the appropriators or water users at the annual 55 meeting or at a special meeting. 3 1 (8) A corporation or a water delivery organization including, but not 2 limited to a corporation, a water company, an irrigation district, an irriga- 3 tion company or a canal company, shall be considered a person for the purpose 4 of this section and shall cast its vote by someone to be designated by the 5 corporation or water delivery organization. 6 (9) Should the meeting not be held, or should the district hydrographer 7 not be elected or the district hydrographer's compensation not be fixed as 8 above provided, then the director of the department of water resources is 9 authorized to appoint a district hydrographer and fix the district 10 hydrographer's compensation. 11 (10) The director of the department of water resources may remove any dis- 12 trict hydrographer whenever such district hydrographer fails to perform the 13 district hydrographer's duty, upon the director's own motion or upon complaint 14 in that respect being made to the director in writing, by one (1) person own- 15 ing or having the right to the use of a water right in such district provided, 16 that upon investigation the director, after a hearing with the other 17 appropriators or water users of the district, which shall be held in the dis- 18 trict or at some location convenient to the appropriators or water users of 19 the district, finds such charge to be true. If at any time a vacancy occurs, 20 for whatever reason, in the position of district hydrographer, the director 21 may appoint a successor for the unexpired term. 22 (11) Before entering upon the duties of the district hydrographer's 23 office, the district hydrographer shall take and subscribe an oath before some 24 officer authorized by the laws of the state to administer oaths, to faithfully 25 perform the duties of the district hydrographer's office, as provided in sec- 26 tion 42-709, Idaho Code, and shall file that oath with the department of water 27 resources. Upon qualification and appointment by the director of the depart- 28 ment of water resources, the actions taken by a district hydrographer in ful- 29 fillment of the duties of his office are covered by the state group surety 30 bond as provided in sections 59-801 through 59-804, Idaho Code. 31 (12) The director shall call a special meeting of the appropriators or 32 water users of a district upon receipt of a written request for such meeting 33 from a majority of the members of the advisory committee for a district, a 34 written request from appropriators or water users representing thirty percent 35 (30%) or more of the votes cast at the last regular annual meeting, a written 36 request from the district hydrographer or on the director's own motion if the 37 director determines a meeting is necessary to address matters that cannot be 38 delayed until the next regular annual meeting. Notice of the time, place and 39 purpose of the special meeting shall be given by the director in the manner 40 provided in subsection (2) of this section or by regular mail to all holders 41 of rights to the use of the waters of such district known to the director. 42 (13) The appropriators or water users may, by resolution, authorize the 43 district hydrographer to acquire, hold and dispose of such real and personal 44 property, equipment and facilities in the name of the water measurement dis- 45 trict as necessary for the proper measurement of water and shall provide that 46 all such real and personal property shall remain in the custody of the dis- 47 trict hydrographer and the district hydrographer's successor. 48 (14) At such meeting the appropriators or water users shall choose a dis- 49 trict treasurer to be selected as may be determined at the meeting. The dis- 50 trict treasurer shall assume the duties specified in section 42-715, Idaho 51 Code. If a water measurement district treasurer is not selected at the annual 52 meeting, and one is found to be necessary, the director of the department of 53 water resources shall appoint a water measurement district treasurer. 54 SECTION 2. That Section 42-710, Idaho Code, be, and the same is hereby 4 1 amended to read as follows: 2 42-710. DISTRICT HYDROGRAPHER'S TERM OF SERVICE. A district hydrographer 3 shall serve throughout the year from January 1 through December 31. The 4 appropriators or water users of any water measurement district may, by resolu- 5 tion adopted at an annual meeting or at a special meeting properly called for 6 that purpose, change the hydrographer's term of service to correspond with 7 consecutive annual meeting dates or other annual dates as determined by the 8 appropriators or water users. Assistants to the district hydrographer 9 shall serve when necessary to make the water measurements required of the dis- 10 trict or for such period of time as specified by resolution at any annual 11 meeting of the appropriators or water users, provided, the period of time set 12 by resolution is sufficient for the assistants to make all needed water mea- 13 surements in the district.
STATEMENT OF PURPOSE
RS07482C1
Section 42-707(2), Idaho Code, would be amended to authorize water users to adopt a
resolution changing the date of the annual water measurement district meeting. The users
are presently required to hold the annual meeting between the first Monday of November
and the third Monday of December. The proposal is to extend this period through the fourth
Monday of February in the following year. This will allow the district hydrographer time to
complete the annual report of water use for presentation at the meeting.
Section 42-710, Idaho Code, would be amended to allow adoption of a resolution to extend
the hydrographer's term of service past December 31 to as late as the date of the annual
meeting thereby allowing the hydrographer's term of service to correspond with the period
between annual meetings.
FISCAL IMPACT
This proposal will not increase expenditures from the General Fund, but will increase the
effectiveness of water measurement districts.
CONTACT
Name: Karl Dreher/Norm Young
Agency: Department of Water Resources
Phone: 327-7910
Statement of Purpose/Fiscal Impact
H 536