Print Friendly HOUSE BILL NO. 263 – Ditch water users assn/lateral mngr
HOUSE BILL NO. 263
View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
H0263.........................................by RESOURCES AND CONSERVATION
DITCH USER'S ASSOCIATION - Adds to existing law to authorize the director
of the Department of Water Resources to appoint a lateral manager of a
ditch water user's association if the water users or board of directors of
the association fail to do so.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Res/Con
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/05 3rd rdg - PASSED - 65-0-5
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moyle,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Schaefer,
Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail, Watson, Wheeler, Williams, Wood, Zimmermann
NAYS -- None
Absent and excused -- Crow, Limbaugh, Sali, Tippets, Mr Speaker
Floor Sponsor - Stevenson
Title apvd - to Senate
03/08 Senate intro - 1st rdg - to Res/Env
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 30-0-5
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Geddes, Hawkins,
Ingram, Ipsen, Keough, King, Lee, McLaughlin, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Absent and excused--Frasure, Noh, Parry, Twiggs, Wheeler
Floor Sponsor - Burtenshaw
Title apvd - to House
03/17 To enrol
03/18 Rpt enrol - Sp signed - Pres signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 217
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 263
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO LATERAL DITCH WATER USERS' ASSOCIATIONS; AMENDING CHAPTER 13,
3 TITLE 42, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 42-1308, IDAHO
4 CODE, TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES TO
5 APPOINT A LATERAL MANAGER IF THE WATER USERS OR BOARD OF DIRECTORS OF THE
6 ASSOCIATION FAIL TO ELECT A LATERAL MANAGER.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 13, Title 42, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION , to be
10 known and designated as Section 42-1308, Idaho Code, and to read as follows:
11 42-1308. APPOINTMENT OF LATERAL MANAGER BY DIRECTOR OF DEPARTMENT OF
12 WATER RESOURCES. (1) In the event that the water users or the board of direc-
13 tors of any lateral or ditch association do not meet and elect a lateral man-
14 ager as provided for in this chapter or a lateral manager is not selected as
15 otherwise provided by law, then, the director of the department of water
16 resources may appoint and fix the compensation of a lateral manager, upon the
17 written petition of a water user alleging that water is not being apportioned
18 and distributed properly among the users from the ditch or lateral and that
19 the rights of the water user are being injured thereby.
20 (2) If the water users also have failed to elect association officers,
21 the lateral manager appointed by the director may exercise the duties of the
22 association officers, including the making and collection of assessments, but
23 not the borrowing of money, as is necessary to achieve the proper allocation
24 and distribution of water from the ditch or lateral and without regard to the
25 statutory dates for the performance of these duties.
26 (3) The lateral manager appointed by the director shall hold office only
27 for the period of time fixed by the order of appointment and in no event
28 beyond the remainder of the year in which appointed.
29 (4) If the lateral is located within a water district established pursu-
30 ant to chapter 6, title 42, Idaho Code, the director shall advise the district
31 watermaster of the receipt of the petition and invite the watermaster to make
32 recommendations concerning the need for appointment of a lateral manager and
33 the person to be appointed.
34 (5) Upon receipt of a petition filed pursuant to subsection (1) of this
35 section, the director shall make a reasonable effort to provide written notice
36 of the petition to any irrigation district, canal company, or other water dis-
37 tribution entity that supplies water to the lateral, and to all persons having
38 rights to the use of water from the lateral. Except in the case of serious
39 threat of imminent injury to person or property, the director shall allow
40 fourteen (14) days for written response to the petition.
41 (6) Based upon a review of the petition, the responses thereto, the rec-
42 ommendations of the watermaster, if any, and any investigation by the depart-
43 ment of water resources, the director shall issue an order with findings
1 either appointing a lateral manager or declining to appoint a lateral manager.
2 Any person aggrieved by the order of the director shall be entitled to request
3 a hearing before the director pursuant to section 42-1701A, Idaho Code.
STATEMENT OF PURPOSE
Idaho law assigns responsibility for supervising the
distribution of water from natural sources such as streams, rivers
and ground water to the Department of Water Resources. Once water is
diverted into canals, ditches and other conveyance facilities,
owners and users of the conveyance facilities have the
responsibility for supervising distribution to the individual users.
In most instances personnel of canal companies, irrigation
districts, and other owners of the distribution system divide the
water between the users. However, in some instances, the selection
of the manager is the responsibility of the users on the lateral.
Although Idaho law provides several ways for the users to
select a lateral manager, users are not always able or willing to do
so. If a lateral manager has not been selected and conflict over
delivery occurs, then a method is needed to assure that a lateral
manager can be appointed to resolve the conflicts. Timely, adequate
supervision can avoid dangerous confrontation between water users,
damage to crops and other property and avoid unnecessary litigation.
No impact on the State General Eund. Individuals receiving
water from the lateral pay the costs of the lateral manager.
CONTACT: Karl Dreher/Norm Young
Department of Water Resources
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 263