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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