2003 Legislation
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HOUSE BILL NO. 208 – Ground water dist bd, powers/duties

HOUSE BILL NO. 208

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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