2001 Legislation
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HOUSE BILL NO. 221 – Water diversion, measuremnt, charge

HOUSE BILL NO. 221

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Daily Data Tracking History



H0221.........................................by RESOURCES AND CONSERVATION
WATER - DIVERSION - Amends existing law to authorize an annual charge of up
to fifty dollars per year for each diversion measured in water measurement
districts if the charge is adopted by resolution approved by vote of the
water users at a meeting.
                                                                        
02/14    House intro - 1st rdg - to printing
02/15    Rpt prt - to Res/Con
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/02    3rd rdg - PASSED - 65-0-5
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
      Jones, Kellogg, Kendell, Lake, Langford, Loertscher, Mader, Marley,
      McKague, Meyer, Montgomery, Moss, Moyle, Pearce, Pischner, Pomeroy,
      Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stone, Tilman, Trail, Wheeler,
      Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Crow, Jaquet, Kunz, Mortensen, Swan
    Floor Sponsor -- Stevenson
    Title apvd - to Senate
03/05    Senate intro - 1st rdg - to Res/Env
03/12    Rpt out - rec d/p - to 2nd rdg
03/13    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Branch, Boatright, Brandt, Bunderson, Burtenshaw,
      Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
      Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor -- Williams
    Title apvd - to House
03/21    To enrol
03/22    Rpt enrol - Sp signed - Pres signed - to Gov
03/23    Governor signed
         Session Law Chapter 169
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 221
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO WATER MEASUREMENT DISTRICTS; AMENDING SECTION 42-711, IDAHO  CODE,
  3        TO  AUTHORIZE  AN  ANNUAL  CHARGE OF UP TO FIFTY DOLLARS PER YEAR FOR EACH
  4        DIVERSION MEASURED IF THE CHARGE IS ADOPTED BY RESOLUTION APPROVED BY VOTE
  5        OF THE WATER USERS AT A MEETING.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 42-711, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
                                                                        
  9        42-711.  EXPENSES  OF  THE  DISTRICT  --  APPROVAL -- ALLOTMENT AND CHARGE
 10    AGAINST WATER USER. (1) District hydrographers shall prepare an accounting  of
 11    all expenses of the district for the year. The accounting shall show:
 12        (a)  The  time  charged  to the district by each employee of the district,
 13        the function performed by each employee for the time charged and the  cost
 14        to the district for the time charged.
 15        (b)  The  cost to the district for each activity of the advisory committee
 16        and for each activity a breakdown of the cost by per  diem  for  committee
 17        members, travel costs, goods and services, and other costs with a descrip-
 18        tion of the substance of the other costs.
 19        (c)  The  cost  to the district for travel and services, except as already
 20        included in paragraph (b) of this subsection, and  a  description  of  the
 21        activity performed for the district for each cost.
 22        (d)  The cost to the district for all real or personal property, equipment
 23        or facilities acquired, and a description and the cost of each.
 24    The  accounting shall be certified by the district hydrographer and the chair-
 25    man of the advisory committee.
 26        (2)  The accounting shall be submitted to the director of  the  department
 27    of water resources for approval.
 28        (3)  The  expenses  of  the  district  shall be a charge against the water
 29    users in the district. The expenses of the district shall be apportioned among
 30    all water users included within the district in the following manner:
 31        (a)  A charge of twenty-five dollars ($25.00) per year for each  diversion
 32        measured, provided the charge may be up to fifty dollars ($50.00) per year
 33        if  adopted by resolution approved by vote of the water users at a meeting
 34        conducted in accordance with section 42-707, Idaho Code; and
 35        (b)  A pro rata share of the total expense  of  the  district,  minus  the
 36        total amount charged for all diversions in the district from paragraph (a)
 37        of  this subsection determined by the fraction the recorded diversion rate
 38        for each water right is to the total recorded diversion rate of all  water
 39        rights being measured by the district.
 40        (c)  Except,  if  the total charge for all diversions measured in the dis-
 41        trict from paragraph (a) of this subsection is more than the total expense
 42        of the district, the individual charge for  each  diversion  will  be  the
 43        total  expense  of the district divided by the number of diversions in the
                                                                        
                                           2
                                                                        
  1        district and the pro rata share from paragraph (b) of this subsection will
  2        be zero (0).
  3        (4)  An allocation of the district expenses among the various users  shall
  4    be  prepared  by  the district hydrographer and filed with the director of the
  5    department of water resources and with the water  measurement  district  trea-
  6    surer.

Statement of Purpose / Fiscal Impact



  STATEMENT OF PURPOSE
                                
                            RS 11047

     The purpose of this legislation is to change the annual charge
of twenty-five dollars to fifty dollars per year for each diversion
measure.
     FISCAL IMPACT
                                

     No Fiscal Impact to the State General Fund.

Contact
Name: Rep. Bert Stevenson 
Phone: (208) 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                   H 22