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H0208aaS.........................................by RESOURCES AND CONSERVATION
GROUND WATER DISTRICTS - Amends existing law to revise the powers and duties
of ground water district boards of directors.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Res/Con
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 69-0-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones,
Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,
Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Cuddy
Floor Sponsor - Stevenson
Title apvd - to Senate
02/24 Senate intro - 1st rdg - to Res/Env
03/03 Rpt out - to 14th Ord
03/04 Rpt out amen - to 1st rdg as amen
03/05 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/10 3rd rdg as amen - PASSED - 32-0-3
AYES -- Andreason, Bailey, Bunderson, Burtenshaw, Calabretta, Cameron,
Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy,
Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble,
Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet,
Werk, Williams
NAYS -- None
Absent and excused -- Brandt, Burkett, Davis
Floor Sponsors - Noh & Kennedy
Title apvd - to House
03/11 House concurred in Senate amens - to engros
03/12 Rpt engros - 1st rdg - to 2nd rdg as amen
03/13 2nd rdg - to 3rd rdg as amen
03/17 3rd rdg as amen - PASSED - 70-0-0
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- None
Floor Sponsor - Stevenson
Title apvd - to enrol
03/19 Rpt enrol - Sp signed
03/20 Pres signed
03/21 To Governor
03/27 Governor signed
Session Law Chapter 137
Effective: 01/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 208
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO GROUND WATER DISTRICTS; AMENDING SECTION 42-5224, IDAHO CODE, TO
3 REVISE THE POWERS AND DUTIES OF GROUND WATER DISTRICT BOARDS OF DIRECTORS;
4 DECLARING AN EMERGENCY AND PROVIDING FOR RETROACTIVE APPLICATION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 42-5224, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 42-5224. POWERS AND DUTIES OF BOARD OF DIRECTORS. The board shall, in
9 addition to any other powers and duties provided in this chapter, and provided
10 that nothing in this chapter shall abrogate or impair the right of any person
11 to take any action necessary to acquire, protect, challenge or defend any
12 water right, have the following powers and duties:
13 (1) To acquire, and/or construct, operate, control or use by appropria-
14 tion, grant, purchase, bequest, devise, contract or lease works or facilities,
15 water rights, water permits or licenses, well-drilling permits, wells, pipe-
16 lines, ditches and any other real and personal property (including easements
17 and rights-of-way) or contract entitlement within or without the district nec-
18 essary or convenient to fully exercise its powers;
19 (2) To sell, lease, encumber, alienate, or otherwise dispose of works or
20 facilities, water, water rights, wells, pipelines, ditches, reservoirs,
21 recharge facilities, and any other real and personal property owned by the
22 district within or without its boundaries;
23 (3) To enter into contracts and agreements, cooperative and otherwise,
24 including contracts with the United States of America and any of its agencies
25 or instrumentalities, and tribes, and contracts with corporations, public or
26 private, municipalities, or governmental subdivisions necessary or convenient
27 to fully exercise its powers;
28 (4) To hire and retain agents, employees, engineers, hydrologists, geolo-
29 gists, and attorneys as shall be necessary and convenient to transact the
30 district's business and to represent the district's interests;
31 (5) To levy assessments for the operation of the district and its pro-
32 grams;
33 (6) To represent district members, with respect to their individual water
34 rights, in general water rights adjudications and other legal and administra-
35 tive proceedings or before political bodies, provided that the board may levy
36 assessments for these matters against only those members who have given writ-
37 ten consent for the representation;
38 (7) To represent district members in proceedings or meetings of a water
39 district established by the director of the department pursuant to chapter 6,
40 title 42, Idaho Code. Provided however, that the board shall not be authorized
41 to cast a vote in any proceeding or meeting of a water district established
42 pursuant to chapter 6, title 42, Idaho Code, on behalf of any district member
43 who has, prior to such proceeding or meeting, given written notice to the
2
1 board that such district member intends to vote on his own behalf.
2 (8) To appropriate, develop, store, and transport water within the state;
3 (89) To acquire stock in canal companies, water companies, and water
4 users' associations;
5 (910) To invest any surplus money in the district treasury pursuant to the
6 public depository law as contained in chapter 1, title 57, Idaho Code;
7 (101) To develop, maintain, operate and implement mitigation plans
8 designed to mitigate any material injury caused by ground water use within the
9 district upon senior water uses within and/or without the district;
10 (112) To finance the repair or abandonment of wells in the ground water
11 district which have experienced or are experiencing declines in water level or
12 water pressures because of reasons including, but not limited to, flow, leak-
13 age, and waste from improper construction, maintenance, and operation of
14 wells;
15 (123) To have and exercise the power of eminent domain in the manner pro-
16 vided by law for the condemnation of private property for easements, rights-
17 of-way, and other rights of access to property necessary to the exercise of
18 the mitigation powers herein granted, both within and without the district;
19 (134) To sue and be sued, and be a party to suits, actions and proceed-
20 ings;
21 (145) To enter into joint powers agreements and/or memoranda of under-
22 standing with other districts, governmental or quasi-public entities;
23 (156) To develop and acquire water rights for, and operate, aquifer stor-
24 age or recharge projects;
25 (167) To monitor, measure, study, and implement programs in the interests
26 of the district's members regarding the protection of ground water diversions,
27 depth of water in wells, aquifer water levels and characteristics;
28 (178) To adopt and amend bylaws not in conflict with the constitution and
29 laws of the state for carrying on the business, objects and affairs of the
30 board and of the district and to establish a fiscal year;
31 (189) To enter upon land to make surveys, locate district property, works,
32 or facilities, and to otherwise conduct the affairs of the district;
33 (1920) To make, record and report annually to the director sufficient mea-
34 surements of diversions and water levels of district members to allow the dis-
35 trict to be excluded from any water measurements district created pursuant to
36 sections 42-705 through 42-715, Idaho Code.
37 (201) To manage and conduct the affairs of the district and to have and
38 exercise all rights and powers necessary or incidental to or implied from the
39 specific powers granted herein. Such specific powers shall not be considered
40 as a limitation upon any power necessary or appropriate to carry out the pur-
41 poses and intent of this act.
42 SECTION 2. An emergency existing therefor, which emergency is hereby
43 declared to exist, this act shall be in full force and effect on and after its
44 passage and approval, and retroactively to January 1, 2003.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Noh
Seconded by Kennedy
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 208
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 39, delete "pursuant to" and
3 insert: "notwithstanding any provision to the contrary in".
Moved by Noh
Seconded by Kennedy
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 208
4 AMENDMENTS TO SECTION 1
5 On page 2 of the printed bill, in line 1, following "board" insert: "and
6 to the water district"; and also in line 1, following "behalf" insert: ", or
7 on behalf of any district member who attends such meeting or proceeding and
8 intends to vote on his own behalf. The board shall provide a verified list of
9 the water rights that it represents at any water district proceeding or meet-
10 ing to the chairman of the water district proceeding or meeting".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 208, As Amended in the Senate
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO GROUND WATER DISTRICTS; AMENDING SECTION 42-5224, IDAHO CODE, TO
3 REVISE THE POWERS AND DUTIES OF GROUND WATER DISTRICT BOARDS OF DIRECTORS;
4 DECLARING AN EMERGENCY AND PROVIDING FOR RETROACTIVE APPLICATION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 42-5224, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 42-5224. POWERS AND DUTIES OF BOARD OF DIRECTORS. The board shall, in
9 addition to any other powers and duties provided in this chapter, and provided
10 that nothing in this chapter shall abrogate or impair the right of any person
11 to take any action necessary to acquire, protect, challenge or defend any
12 water right, have the following powers and duties:
13 (1) To acquire, and/or construct, operate, control or use by appropria-
14 tion, grant, purchase, bequest, devise, contract or lease works or facilities,
15 water rights, water permits or licenses, well-drilling permits, wells, pipe-
16 lines, ditches and any other real and personal property (including easements
17 and rights-of-way) or contract entitlement within or without the district nec-
18 essary or convenient to fully exercise its powers;
19 (2) To sell, lease, encumber, alienate, or otherwise dispose of works or
20 facilities, water, water rights, wells, pipelines, ditches, reservoirs,
21 recharge facilities, and any other real and personal property owned by the
22 district within or without its boundaries;
23 (3) To enter into contracts and agreements, cooperative and otherwise,
24 including contracts with the United States of America and any of its agencies
25 or instrumentalities, and tribes, and contracts with corporations, public or
26 private, municipalities, or governmental subdivisions necessary or convenient
27 to fully exercise its powers;
28 (4) To hire and retain agents, employees, engineers, hydrologists, geolo-
29 gists, and attorneys as shall be necessary and convenient to transact the
30 district's business and to represent the district's interests;
31 (5) To levy assessments for the operation of the district and its pro-
32 grams;
33 (6) To represent district members, with respect to their individual water
34 rights, in general water rights adjudications and other legal and administra-
35 tive proceedings or before political bodies, provided that the board may levy
36 assessments for these matters against only those members who have given writ-
37 ten consent for the representation;
38 (7) To represent district members in proceedings or meetings of a water
39 district established by the director of the department notwithstanding any
40 provision to the contrary in chapter 6, title 42, Idaho Code. Provided how-
41 ever, that the board shall not be authorized to cast a vote in any proceeding
42 or meeting of a water district established pursuant to chapter 6, title 42,
43 Idaho Code, on behalf of any district member who has, prior to such proceeding
2
1 or meeting, given written notice to the board and to the water district that
2 such district member intends to vote on his own behalf, or on behalf of any
3 district member who attends such meeting or proceeding and intends to vote on
4 his own behalf. The board shall provide a verified list of the water rights
5 that it represents at any water district proceeding or meeting to the chairman
6 of the water district proceeding or meeting.
7 (8) To appropriate, develop, store, and transport water within the state;
8 (89) To acquire stock in canal companies, water companies, and water
9 users' associations;
10 (910) To invest any surplus money in the district treasury pursuant to the
11 public depository law as contained in chapter 1, title 57, Idaho Code;
12 (101) To develop, maintain, operate and implement mitigation plans
13 designed to mitigate any material injury caused by ground water use within the
14 district upon senior water uses within and/or without the district;
15 (112) To finance the repair or abandonment of wells in the ground water
16 district which have experienced or are experiencing declines in water level or
17 water pressures because of reasons including, but not limited to, flow, leak-
18 age, and waste from improper construction, maintenance, and operation of
19 wells;
20 (123) To have and exercise the power of eminent domain in the manner pro-
21 vided by law for the condemnation of private property for easements, rights-
22 of-way, and other rights of access to property necessary to the exercise of
23 the mitigation powers herein granted, both within and without the district;
24 (134) To sue and be sued, and be a party to suits, actions and proceed-
25 ings;
26 (145) To enter into joint powers agreements and/or memoranda of under-
27 standing with other districts, governmental or quasi-public entities;
28 (156) To develop and acquire water rights for, and operate, aquifer stor-
29 age or recharge projects;
30 (167) To monitor, measure, study, and implement programs in the interests
31 of the district's members regarding the protection of ground water diversions,
32 depth of water in wells, aquifer water levels and characteristics;
33 (178) To adopt and amend bylaws not in conflict with the constitution and
34 laws of the state for carrying on the business, objects and affairs of the
35 board and of the district and to establish a fiscal year;
36 (189) To enter upon land to make surveys, locate district property, works,
37 or facilities, and to otherwise conduct the affairs of the district;
38 (1920) To make, record and report annually to the director sufficient mea-
39 surements of diversions and water levels of district members to allow the dis-
40 trict to be excluded from any water measurements district created pursuant to
41 sections 42-705 through 42-715, Idaho Code.
42 (201) To manage and conduct the affairs of the district and to have and
43 exercise all rights and powers necessary or incidental to or implied from the
44 specific powers granted herein. Such specific powers shall not be considered
45 as a limitation upon any power necessary or appropriate to carry out the pur-
46 poses and intent of this act.
47 SECTION 2. An emergency existing therefor, which emergency is hereby
48 declared to exist, this act shall be in full force and effect on and after its
49 passage and approval, and retroactively to January 1, 2003.
STATEMENT OF PURPOSE
RS 12784C1
This legislation amends Idaho Code 42-5224 to revise the powers
of Ground Water District Boards to allow them to vote on behalf
of its members in water district meetings under chapter 6, title
42, Idaho Code. The reason for this change is to allow for a
more efficient and orderly manner of voting for the Ground Water
District and its members. Presently Ground Water Districts board
members are elected by its members.
Each individual ground water district member will have the right
to vote his water rights at the water district meeting if written
notice is given prior to the Water District meeting.
FISCAL IMPACT
There is no impact to the general fund. It could save money for
the Water Districts and Ground Water Districts if an issue of
voting takes place at the annual meeting.
Contact
Name: Lynn Tominaga, Executive Director,
Idaho Ground Water Appropriators, Inc.
Phone: (208) 381-0294
STATEMENT OF PURPOSE/FISCAL NOTE H 20