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H0665.........................................by RESOURCES AND CONSERVATION
SUBDIVISION - IRRIGATION DISTRICTS - Amends existing law to authorize an
irrigation district to contract with landowners for the construction of
improvements within a subdivision without regard to the size of the tracts
of land within the subdivision; to authorize the board of directors of an
irrigation district to construct or maintain improvements and levy
assessments within a subdivision without regard to the size of the tracts
of land within the subdivision; and to authorize the board of directors of
an irrigation district to apportion water to tracts of land within a
subdivision without regard to the size of the tracts of land.
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
02/25 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 60-0-10
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),
Judd, 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, 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 195
Effective: 07/01/98
H0665|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 665 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO IRRIGATION DISTRICTS; AMENDING SECTION 43-330A, IDAHO CODE, TO 3 AUTHORIZE A DISTRICT TO CONTRACT WITH LANDOWNERS FOR THE CONSTRUCTION OF 4 IMPROVEMENTS WITHIN A SUBDIVISION WITHOUT REGARD TO THE SIZE OF THE TRACTS 5 OF LAND WITHIN THE SUBDIVISION; AMENDING SECTION 43-331, IDAHO CODE, TO 6 AUTHORIZE THE BOARD OF DIRECTORS TO CONSTRUCT OR MAINTAIN IMPROVEMENTS AND 7 LEVY ASSESSMENTS WITHIN A SUBDIVISION WITHOUT REGARD TO THE SIZE OF THE 8 TRACTS OF LAND WITHIN THE SUBDIVISION AND TO MAKE A TECHNICAL CORRECTION; 9 AND AMENDING SECTION 43-332, IDAHO CODE, TO AUTHORIZE THE BOARD OF DIREC- 10 TORS TO APPORTION WATER TO TRACTS OF LAND WITHIN A SUBDIVISION WITHOUT 11 REGARD TO THE SIZE OF THE TRACTS AND TO MAKE A TECHNICAL CORRECTION. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 43-330A, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 43-330A. CONTRACTS WITH LANDOWNERS FOR CONSTRUCTION OF IMPROVEMENTS. When 16 a parcel of land lying within an irrigation district has been subdivided17into tracts of five (5) acres or lessand the owner or owners of the 18 entire parcel propose to develop that parcel or any of the tracts therein for 19 residential, commercial, industrial or municipal use, the board of directors 20 of the district may enter into a contract with the owner or owners of the 21 entire parcel, or of any tract therein, for the construction of a pressurized 22 system for the proper distribution of irrigation water to the parcel or to the 23 designated tracts within the parcel. 24 SECTION 2. That Section 43-331, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 43-331. DIRECTORS MAY CONSTRUCT OR MAINTAIN IMPROVEMENTS, LEVY ASSESS- 27 MENTS. (1) This section applies: (a) When a parcel of land lying within an 28 irrigation district is subdividedinto tracts of four (4) acres or less,29and the owner has made no provisions which in the opinion of the board 30 of directors is adequate for the proper distribution of water thereto; or (b) 31 when improvements for the distribution or delivery of water to any tract of 32 land are not owned by the district and the owner or person in control of the 33 improvement fails to maintain, repair or replace the improvement as required 34 for the proper and efficient distribution or delivery of water to any tract; 35 or (c) when fiftyper centpercent (50%) or more of 36 the owners of the tracts in any such subdivided parcel request that the board 37 provide for the proper distribution of water thereto or request that the board 38 maintain, repair or replace the improvement as required for the proper and 39 efficient distribution or delivery of water to any tract. 40 (2) Whenever the interest or convenience of such tracts requires the con- 41 struction, repair or maintenance of any ditch, flume, dike, aqueduct or other 2 1 improvement, the board may construct, repair or maintain such improvement, and 2 levy and collect an assessment upon all tracts specially benefited thereby, to 3 defray the whole or any portion of the cost and expense thereof. The board may 4 determine what lands are specially benefited by such construction, repair or 5 maintenance, and the amount to which each tract is benefited. 6 SECTION 3. That Section 43-332, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 43-332. APPORTIONMENT OF WATER TO TRACTS -- EMPLOYMENT OF PERSON TO DIS- 9 TRIBUTE WATER -- ASSESSMENT OF COST -- LIEN ON LAND. Whenever a parcel of land 10 lying within an irrigation district is subdividedinto tracts of four11(4) acres or less,and plats of such subdivision are filed as provided 12 by law, and the owners fail to properly apportion the water to their various 13 tracts in the subdivision, or upon request made by fiftyper cent14 percent (50%) or more of the owners of the tracts in the subdivi- 15 sion the board of directors may employ some competent person to distribute and 16 apportion water for such tracts. The reasonable cost of such services shall be 17 apportioned each year by the board to such tracts. The cost of such services 18 shall be assessed by the board as a special charge to the tracts in the same 19 manner as other assessments are made by the board. The assessment so levied 20 and apportioned shall be a lien upon the tracts, and shall be collected in the 21 same manner as all other assessments are levied and collected by the board.
STATEMENT OF PURPOSE
RS 07812
This legislation enables irrigation districts to provide for
the construction and maintenance of pressurized irrigation systems
and other improvements to deliver irrigation water to multiple-use
developments that include, for example, a school, park, or
commercial lot over 5 acres, in addition to smaller residential
lots. This purpose is accomplished by removing the acreage
limitations in Idaho Code sections 43-330A, 43-331, and 43-332.
FISCAL NOTE
There will be no fiscal impact to the General Fund or its
political subdivisions as a result of these proposed amendments.
CONTACT:
Daniel V. Steenson
Laura Burri
Ringert Clark Chartered
(208) 342-4591
STATEMENT OF PURPOSE/ FISCAL NOTE
H 665