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H0664.........................................by RESOURCES AND CONSERVATION NONAGRICULTURAL LAND - IRRIGATION - Amends existing law to provide for reinstatement of nonagricultural lands by an irrigation district when the owner desires to receive irrigation water through an existing system or a system proposed to be constructed, or pursuant to a lease or contract and to provide for a filing fee and a reinstatement fee. 02/12 House intro - 1st rdg - to printing 02/13 Rpt prt - to Res/Con 02/24 Rpt out - rec d/p - to 2nd rdg '2/25 2nd rdg - to 3rd rdg 02/26 3rd rdg - PASSED - 59-0-11 AYES -- Alltus, Barraclough, Barrett, Bieter, Bivens, Black(15), Black(23), Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Geddes, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20), Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer, Miller, Mortensen, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Tilman, Trail, Watson, Wheeler, Zimmermann, Mr Speaker NAYS -- None Absent and Excused -- Bell, Boe, Crane, Gagner, Gould, Judd, Linford, Newcomb, Taylor, Tippets, Wood Floor Sponsor - Bivens Title apvd - to Senate 02/27 Senate intro - 1st rdg - to Res/Env 03/12 Rpt out - rec d/p - to 2nd rdg 03/13 2nd rdg - to 3rd rdg 03/18 3rd rdg - PASSED - 34-0-1 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs, Wheeler, Whitworth NAYS--None Absent and excused--Hansen Floor Sponsor - Lee Title apvd - to House 03/19 To enrol - rpt enrol - Sp signed Pres signed - to Governor 03/20 Governor signed Session Law Chapter 231 Effective: 07/01/98
H0664|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 664 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO IRRIGATION DISTRICTS; AMENDING SECTION 43-1120, IDAHO CODE, TO 3 PROVIDE FOR REINSTATEMENT OF NONAGRICULTURAL LANDS BY AN IRRIGATION DIS- 4 TRICT WHEN THE OWNER DESIRES TO RECEIVE IRRIGATION WATER THROUGH AN EXIST- 5 ING SYSTEM OR A SYSTEM PROPOSED TO BE CONSTRUCTED, OR PURSUANT TO A LEASE 6 OR CONTRACT AND TO PROVIDE FOR A FILING FEE AND A REINSTATEMENT FEE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 43-1120, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 43-1120. REINSTATEMENT OF NONAGRICULTURAL LANDS -- ORDER -- FILING FOR 11 RECORD. Where landswhichhave been excluded from an irrigation 12 districtas not agricultural subsequently are included in the area to be13served by a distribution system proposed to be constructed under authority of14either section 43-329 or 43-333, Idaho Code, or under any law authorizing a15local improvement district,under the provisions of this chapter 16 and the owner or owners of the excluded lands desire to receive irriga- 17 tion water : throughthe proposedan existing 18 distribution system ;orthrough a distribu- 19 tion systemalreadyproposed to be constructed under 20either suchauthority of section 43-329, 43-330A or 43-333, 21 Idaho Code, or under any law authorizing a local improvement district; pursu- 22 ant to a lease executed under section 43-335 or 43-338, Idaho Code; or pursu- 23 ant to a contract executed under section 43-730, Idaho Code , the owner 24 or owners may file with the secretary of the irrigation district a written 25 request, signed and acknowledged in the manner required for conveyances of 26 real property, that the lands be reinstated by the irrigation district. Upon 27 receipt of such a request, and if the water rights formerly appurtenant28to the lands have not been formally allocated or transferred to other lands,29the board of directors of the irrigation district, in its discretion, 30 may enter an order declaring that the lands are reinstated to their former 31 status, including the water rights, and directing the assessor of the irriga- 32 tion district to enter the lands on the assessment roll. A copy of the order 33 or resolution of reinstatement, certified by the president and secretary of 34 the district, shall be filed for record in the office of the county recorder 35 of each county wherein any portion of the reinstated land is situated. 36 The district may charge a filing fee not to exceed the costs of processing the 37 reinstatement request, and may also charge a reinstatement fee not to exceed 38 the exclusion fee provided in section 43-1101, Idaho Code.
STATEMENT OF PURPOSE RS 07867C1 This legislation enables property owners whose lands were once part of an irrigation district to again become part of the irrigation district and receive irrigation water without incurring the costs associated with annexation. This cost savings is possible because the irrigation district already has a legal description of the lands to be reinstated, and the water distribution system either exists or is proposed under irrigation district procedures. Idaho Code section 43-1120 already provides this opportunity to property owners who seek to construct distribution systems through local improvement districts. The proposed legislation provides this opportunity to property owners who have or seek to construct systems through other procedures authorized by Title 43. FISCAL NOTE There will be no negative fiscal impact to the General Fund or its political subdivisions as a result of these proposed amendments. It is anticipated that this legislation will result in cost savings to members of the public seeking reinstatement. CONTACT: Daniel V. Steenson Ringert Clark Chartered (208) 342-4591 STATEMENT OF PURPOSE/ FISCAL NOTE H 664