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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 - 2003IN 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 - 2003Moved 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 - 2003IN 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