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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
S1440|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN 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 ofsaid16the district for the ensuing year, and by resolution 17 determine thatsaidthe budget shall be 18 collected ., and tT he compensation of 19 the watermaster and the watermaster's assistants and any other expenses of 20 delivering the water ofsaidthe 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)SaidThe budget shall show the 32 aggregate amount to be collected from all the water users insaid33 the district, and the amount to be paid by each ditch, canal com- 34 pany, irrigation district or other water user ., and f35F or the purpose of computingsaidthe 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 ofsaidthe 41 budget the amount payable by each ditch, canal company, irrigation district or 42 other water user, as shown bysaidthe 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.SaidThe 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
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