1998 Legislation
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SENATE BILL NO. 1440 – Water dist, water user payment

SENATE BILL NO. 1440

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Daily Data Tracking History



S1440..........................................by RESOURCES AND ENVIRONMENT
WATER DISTRICTS - Amends existing law to provide for water districts'
procedures for computing the respective amounts to be paid by each water
user, to provide for an annual minimum charge, and to provide that water
users at the annual meeting may provide by resolution that the respective
amounts owed by each water user as shown in the adopted budget shall
constitute a final determination of the amount due for that year without
the need to carry forward any water user debits or credits to the following
year.

02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Res/Env
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/05    3rd rdg - PASSED - 29-0-6
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Ingram, King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch,
      Sandy, Schroeder, Stennett, Sweeney, Thorne, Whitworth
      NAYS--None
      Absent and excused--Hawkins, Ipsen, Keough, Sorensen, Twiggs, Wheeler
    Floor Sponsor - Stennett
    Title apvd - to House
03/06    House intro - 1st rdg - to Res/Con
03/13    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/17    3rd rdg - PASSED - 68-0-2
      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, Geddes, Gould, Hadley, Henbest, Hornbeck, Jaquet,
      Jones(9), Jones(22), Jones(20), Kellogg, Kempton, Kendell,
      Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
      Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds,
      Richman, Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff,
      Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood,
      Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Hansen, Judd
    Floor Sponsor - Hansen
    Title apvd - to Senate
03/18    To enrol
03/19    Rpt enrol - Pres signed - Sp signed
03/20    To Governor - Governor signed
         Session Law Chapter 179
         Effective: 07/01/98

Bill Text


S1440


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

                                      IN THE SENATE

                                   SENATE BILL NO. 1440

                          BY RESOURCES AND ENVIRONMENT COMMITTEE

 1                                        AN ACT
 2    RELATING TO WATER DISTRICTS; AMENDING SECTION 42-612, IDAHO CODE,  TO  PROVIDE
 3        PROCEDURES  FOR  COMPUTING THE RESPECTIVE AMOUNTS TO BE PAID BY EACH WATER
 4        USER, TO PROVIDE FOR AN ANNUAL MINIMUM CHARGE, TO MAKE GRAMMATICAL CORREC-
 5        TIONS AND TO PROVIDE THAT WATER USERS AT THE ANNUAL MEETING MAY PROVIDE BY
 6        RESOLUTION THAT THE RESPECTIVE AMOUNTS OWED BY EACH WATER USER AS SHOWN IN
 7        THE ADOPTED BUDGET SHALL CONSTITUTE A FINAL DETERMINATION  OF  THE  AMOUNT
 8        DUE  FOR THAT YEAR WITHOUT THE NEED TO CARRY FORWARD ANY WATER USER DEBITS
 9        OR CREDITS TO THE FOLLOWING YEAR.

10    Be It Enacted by the Legislature of the State of Idaho:

11        SECTION 1.  That Section 42-612, Idaho Code, be, and the  same  is  hereby
12    amended to read as follows:

13        42-612.  BUDGET  OF  WATER  DISTRICT  --  ADOPTION AND CONTENTS -- DEBT OF
14    WATER USER.  (1)  At any annual meeting the water users must  adopt
15    a budget covering the estimated expenses of delivering the water of  said
16        the    district  for  the ensuing year, and by resolution
17    determine  that    said      the     budget   shall   be
18    collected  .    , and t  T he compensation of
19    the watermaster and the watermaster's assistants and  any  other  expenses  of
20    delivering  the  water  of   said   the  district to the
21    users thereof, including the costs of the advisory committee  in  implementing
22    resolutions  adopted  by  the water users of the district for activities other
23    than the payment of the salary and operating expenses of the  watermaster  and
24    assistants,  shall  be  paid  in the manner hereinafter, in this section, pro-
25    vided.
26         (2)   To the extent possible, funding for  advisory  committee
27    expenses  associated  with implementing resolutions adopted by the water users
28    for other than the payment of the salary and operating expenses of the  water-
29    master  and  assistants  shall  come  from funds available pursuant to section
30    42-613A, Idaho Code.
31         (3)    Said   The  budget shall show the
32    aggregate amount to be collected from all the water users in  said 
33     the  district, and the amount to be paid by each ditch, canal com-
34    pany, irrigation district or other water  user  .    ,  and  f
35      F  or  the purpose of computing  said   the
36     respective amounts,  to be paid by each  water  user,    the
37    water  delivered to the various ditches, canal companies, irrigation districts
38    or other users during the past season or seasons, not exceeding five (5)  sea-
39    sons, shall be used as a basis.
40          (4)   Upon the adoption of  said   the 
41    budget the amount payable by each ditch, canal company, irrigation district or
42    other water user, as shown by  said   the  budget, shall
43    become the debt of each respectively and shall become due and payable as here-


                                          2

 1    inafter provided. Other provisions of chapter 6, title 42,  Idaho  Code,  not-
 2    withstanding,  water users may at the annual meeting by resolution provide for
 3    an annual  minimum  charge not to exceed  twenty  dollars  ($20.00)
 4    per  water  user  for watermaster services.  Said   The 
 5    minimum charge is applicable whenever the prorated charge against  any  ditch,
 6    canal  company, irrigation district or other water user is less than the mini-
 7    mum charge.
 8         (5)  Other provisions of chapter 6, title 42, Idaho  Code,  notwith-
 9    standing, water users at the annual meeting may provide by resolution that the
10    respective  amounts  owed  by  each  water user as shown in the adopted budget
11    shall constitute a final determination of the amount due for that year without
12    the need to carry forward any water user debits or credits  to  the  following
13    year. 

Statement of Purpose / Fiscal Impact


    





                            STATEMENT OF PURPOSE
                                  RS07952
    
    This legislation provides another method for calculating the 
    water assessment for a water district. The present system 
    allows for a five year floating average of the annual water 
    usage and charges. This legislation would allow the Water 
    District to charge an annual assessment based the previous year 
    usage. The Water District members must vote on this assessment 
    method. The legislation also provides a minimum assessment of 
    $20 per member.
    
                 FISCAL IMPACT
    
     No impact to state general fund. 
    This assessment method will allow for a simpler and easier 
    understanding of the billing for individual water users. 
    Contact:
    
    Sherl Chapman/Lynn Tominaga
    Idaho Water Users Association
    410 S. Orchard, suite 144
    Boise, Idaho 83705
    Phone: 344-6690
    
    Statement of Purpose/Fiscal Impact
    
    S 1440