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S1418..........................................by RESOURCES AND ENVIRONMENT
WATER DISTRICTS - Amends existing law to provide for an annual minimum
charge not to exceed fifty dollars per water user for watermaster services
in water districts; to provide for assessments to be due and payable on the
date fixed by resolution; to provide a penalty not to exceed ten percent
and interest of one percent per month, which both shall be fixed by
resolution of the governing body of water delivery entities.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to Res/Env
02/28 Rpt out - rec d/p - to 2nd rdg
02/29 2nd rdg - to 3rd rdg
03/07 3rd rdg - PASSED - 26-5-4
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Deide, Geddes, Ipsen, Keough, Lee, McLaughlin,
Noh, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Walton, Williams
NAYS--Dunklin, Hawkins, Ingram, Wheeler, Whitworth
Absent and excused--Davis, Frasure, King-Barrutia, Parry
Floor Sponsor - Sandy
Title apvd - to House
03/08 House intro - 1st rdg - to Res/Con
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/23 3rd rdg - PASSED - 55-1-14
AYES -- Barraclough, Barrett, Bell, Bieter, Boe, Bruneel, Callister,
Campbell, Chase, Cheirrett, Clark, Deal, Field(13), Field(20),
Gagner, Geddes, Hadley, Hammond, Hansen(23), Hansen(29), Hornbeck,
Jaquet, Judd, Kellogg, Kempton, Kendell, Lake, Linford, Loertscher,
Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Pearce, Pischner,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail, Wheeler, Zimmermann
NAYS -- McKague
Absent and excused -- Alltus, Black, Crow, Cuddy, Denney, Ellsworth,
Gould, Henbest, Jones, Kunz, Moyle, Pomeroy, Wood, Mr Speaker
Floor Sponsor - Kendell
Title apvd - to Senate
03/24 To enrol
03/27 Rpt enrol - Pres signed - Sp signed
03/28 To Governor
03/29 Governor signed
Session Law Chapter 83
Effective: 07/01/00
S1418
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1418
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO FINANCES OF WATER DISTRICTS; AMENDING SECTION 42-612, IDAHO CODE,
3 TO PROVIDE FOR AN ANNUAL MINIMUM CHARGE NOT TO EXCEED FIFTY DOLLARS PER
4 WATER USER FOR WATERMASTER SERVICES AND TO MAKE TECHNICAL CORRECTIONS;
5 AMENDING SECTION 42-613, IDAHO CODE, TO PROVIDE FOR ASSESSMENTS TO BE DUE
6 AND PAYABLE ON THE DATE SO FIXED BY RESOLUTION, AND TO PROVIDE A PENALTY
7 NOT TO EXCEED TEN PERCENT AND INTEREST OF ONE PERCENT PER MONTH WHICH BOTH
8 SHALL BE FIXED BY RESOLUTION; AND AMENDING SECTION 42-617, IDAHO CODE, TO
9 PROVIDE A PENALTY FROM THE DATE DUE OF NOT MORE THAN TEN PERCENT AND
10 INTEREST OF ONE PERCENT PER MONTH WHICH SHALL BOTH BE FIXED BY RESOLUTION.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 42-612, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 42-612. BUDGET OF WATER DISTRICT -- ADOPTION AND CONTENTS -- DEBT OF
15 WATER USER. (1) At any annual meeting the water users must adopt a budget cov-
16 ering the estimated expenses of delivering the water of the district for the
17 ensuing year, and by resolution determine that the budget shall be collected.
18 The compensation of the watermaster and the watermaster's assistants and any
19 other expenses of delivering the water of the district to the users thereof,
20 including the costs of the advisory committee in implementing resolutions
21 adopted by the water users of the district for activities other than the pay-
22 ment of the salary and operating expenses of the watermaster and assistants,
23 shall be paid in the manner hereinafter, in this section, provided.
24 (2) To the extent possible, funding for advisory committee expenses asso-
25 ciated with implementing resolutions adopted by the water users for other than
26 the payment of the salary and operating expenses of the watermaster and assis-
27 tants shall come from funds available pursuant to section 42-613A, Idaho Code.
28 (3) The budget shall show the aggregate amount to be collected from all
29 the water users in the district, and the amount to be paid by each ditch,
30 canal company, irrigation district or other water user. For the purpose of
31 computing the respective amounts, to be paid by each water user, the water
32 delivered to the various ditches, canal companies, irrigation districts or
33 other users during the past season or seasons, not exceeding five (5) seasons,
34 shall be used as a basis.
35 (4) Upon the adoption of the budget the amount payable by each ditch,
36 canal company, irrigation district or other water user, as shown by the bud-
37 get, shall become the debt of each respectively and shall become due and pay-
38 able as hereinafter provided. Other provisions of chapter 6, title 42, Idaho
39 Code, notwithstanding, water users may at the annual meeting by resolution
40 provide for an annual minimum charge not to exceed twenty fifty dollars
41 ($250.00) per water user for watermaster services. The minimum charge is
42 applicable whenever the prorated charge against any ditch, canal company,
43 irrigation district or other water user is less than the minimum charge.
2
1 (5) Other provisions of chapter 6, title 42, Idaho Code, notwithstanding,
2 water users at the annual meeting may provide, by resolution, that the respec-
3 tive amounts owed by each water user as shown in the adopted budget shall con-
4 stitute a final determination of the amount due for that year without the need
5 to carry forward any water user debits or credits to the following year.
6 SECTION 2. That Section 42-613, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 42-613. BUDGET -- COLLECTION -- PAYMENT OF DISTRICT EXPENSES. Said budget
9 when approved shall be filed with the secretary of said meeting and thereupon
10 the watermaster shall immediately prepare and file a certified copy thereof
11 with the director of the department of water resources and a certified copy
12 with the county auditor of such county or counties designated at said water
13 users' meeting. If more than one (1) county is designated then said budget
14 shall show the amount to be collected in each county and the water users from
15 which each county shall make collection. Each auditor of the county or coun-
16 ties so designated, shall immediately make up a roll showing the amount of
17 said budget to be collected by the county and the ditch, canal company, irri-
18 gation district or other water user from whom the same shall be collected and
19 the respective amounts from each. When said roll is completed, the county
20 auditor shall deliver the same to the county treasurer for collection. Said
21 county treasurer shall thereupon mail a notice to each ditch, canal company,
22 irrigation district or other water user of the amount payable by each such
23 water user, for the distribution of water and other expenses of said district
24 for the ensuing year, which amount shall be due and payable on the first day
25 of June date so fixed by resolution of said year and if not so paid, shall
26 bear interest at the rate of eight per cent (8%) per annum a penalty not to
27 exceed ten percent (10%) of the amount owed and interest of one percent (1%)
28 per month, which both shall be fixed by resolution, from said date until paid.
29 It is hereby declared the duty of the respective county auditors and trea-
30 surers to perform the services herein required.
31 The county treasurer, upon receipt of said roll, shall open a special
32 account to be known as "Water District .... Funds" and shall credit to said
33 account all moneys received from the water users of said district. The compen-
34 sation of the watermaster and his assistants and any other charges against
35 said water district shall be paid from the funds of said account in the same
36 manner as bills against the county are paid.
37 SECTION 3. That Section 42-617, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 42-617. TIME FOR COLLECTION OF BUDGET -- WATER NOT DELIVERED UNTIL
40 CHARGES PAID -- FILING OF RESOLUTIONS AND COPIES -- COLLECTION AT TIME FIXED.
41 At any annual meeting of the water users at which a budget has been adopted,
42 covering the estimated expenses of said district for the ensuing year, as pro-
43 vided in section 42-612, Idaho Code, said water users may by resolution fix a
44 date different than that fixed by said section 42-613, Idaho Code, upon which
45 the amount payable by each ditch, canal company, irrigation district or other
46 water user shall become due and payable, and said amount shall become due and
47 payable from each such user on the date so fixed by said resolution, and if
48 not paid when due shall bear interest from said date until paid at the rate of
49 eight per cent (8%) per annum a penalty from said date until paid not to
50 exceed ten percent (10%) of the amount owed and interest of one percent (1%)
51 per month, which both shall be fixed by resolution. Said water users at said
3
1 meeting may also by resolution provide that no ditch, canal company, irriga-
2 tion district or other water user shall have the right to demand and receive
3 or to continue to receive any water and the watermaster shall not deliver
4 water to any such user until the amount due and payable from such user, as
5 shown by the budget adopted at said meeting, has been paid.
6 All resolutions adopted under the provisions of this section shall be
7 filed with the secretary of said meeting and thereupon he shall immediately
8 prepare and file a certified copy thereof with the director of the department
9 of water resources and a certified copy with the county auditor of such county
10 or counties as designated at said water users' meeting.
11 At the same time the county auditor delivers the roll to the county trea-
12 surer for collection, as provided in said section 42-613, Idaho Code, he shall
13 also deliver to said treasurer a copy of any resolutions filed in his office,
14 under the provisions of this section. The county treasurer shall collect said
15 roll in the manner provided in said section 42-613, Idaho Code, or the water-
16 master may collect the assessment as provided in section 42-618, Idaho Code:
17 provided, that if said water users at their annual meeting have by resolution
18 provided for a time of payment of the amount due from each user, as shown in
19 said budget, other than the time fixed in said section 42-613, Idaho Code, the
20 said county treasurer or said watermaster shall collect the same at the time
21 fixed in said resolution: and, provided further, that if said water users have
22 by resolution provided that no water shall be delivered to any water user
23 until the amount due from such user has been paid, the notice, to be mailed by
24 said county treasurer or watermaster, shall also state the substance of said
25 resolution.
STATEMENT OF PURPOSE
RS 09784Cl
This legisation would allow a water district to increase its annual minimum
charge from $20 to not exceed $50 per water user. Plus, this bill allows the water
district to charge a 10% penalty and 1% interest per month if the water assessment
is not paid. This assessment could only be changed at the water districts annual
meeting and a vote of its members through a resolution.
Fiscal Impact
No impact to state general fund. This bill could increase the cost to water users if
a resolution is passed to raise the minimum assessment by a vote of the water
district members.
Contact
Name: Senator John Sandy
Agency: Lynn Tominaga/Sherl Chapman Idaho Water Users Association
Phone: 344-6690
STATEMENT OF PURPOSE/FISCAL NOTE S 1418