1998 Legislation
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HOUSE BILL NO. 664 – Nonagric land/irrigate/reinstatemnt

HOUSE BILL NO. 664

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Daily Data Tracking History



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

Bill Text


H0664


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN 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  lands  which  have been excluded from an irrigation
12    district  as not agricultural subsequently are included in the area to be
13    served by a distribution system proposed to be constructed under authority  of
14    either  section  43-329  or 43-333, Idaho Code, or under any law authorizing a
15    local 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  :  through  the proposed   an existing
18     distribution system ;   or  through  a  distribu-
19    tion system  already   proposed to be  constructed under
20     either such  authority  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 appurtenant
28    to the lands have not been formally allocated or transferred to  other  lands,
29      the  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 / Fiscal Impact


    





                          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