2004 Legislation
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SENATE BILL NO. 1367 – Irrigatn delivery entity, authority

SENATE BILL NO. 1367

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Bill Status



S1367..........................................by RESOURCES AND ENVIRONMENT
IRRIGATION DELIVERY - Adds to existing law relating to lateral ditches to
authorize repairs, improvements and maintenance by an irrigation delivery
entity under conditions specified.
                                                                        
02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Res/Env
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
      Sorensen, Stegner, Stennett, Sweet, Werk
      NAYS -- None
      Absent and excused -- Hill, Williams
    Floor Sponsors - Noh & Ingram
    Title apvd - to House
03/01    House intro - 1st rdg - to Res/Con
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 67-0-3
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
      Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sali, Sayler, Schaefer, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Wood, Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Eskridge, Shepherd, Snodgrass
    Floor Sponsor - Moyle
    Title apvd - to Senate
03/17    To enrol
03/18    Rpt enrol - Pres signed - Sp signed
03/19    To Governor
03/23    Governor signed
         Session Law Chapter 147
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1367
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LATERAL DITCHES; AMENDING CHAPTER 13, TITLE 42, IDAHO CODE, BY THE
  3        ADDITION OF A NEW SECTION  42-1310,  IDAHO  CODE,  TO  AUTHORIZE  REPAIRS,
  4        IMPROVEMENTS AND MAINTENANCE BY AN IRRIGATION DELIVERY ENTITY UNDER CONDI-
  5        TIONS SPECIFIED.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Chapter  13,  Title 42, Idaho Code, be, and the same is
  8    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  9    ignated as Section 42-1310, Idaho Code, and to read as follows:
                                                                        
 10        42-1310.  LATERAL  DITCHES  --  REPAIRS,  IMPROVEMENTS  AND MAINTENANCE BY
 11    IRRIGATION DELIVERY ENTITIES. In the event that a water users' association  of
 12    lateral  or  laterals has not been constituted on a particular lateral or dis-
 13    tributing ditch pursuant to this chapter, any  individual  water  user  taking
 14    water  from  a  canal or reservoir to be conveyed to their respective premises
 15    for any distance through such lateral or distributing ditch may authorize  the
 16    irrigation  delivery entity providing water to the lateral or ditch to perform
 17    any necessary repairs, improvements, or maintenance to the lateral  or  ditch.
 18    The  irrigation  delivery entity may agree to perform such work only if it has
 19    duly adopted a bylaw authorizing such work to be done for its individual water
 20    users, or adopts a resolution authorizing the work. In performing  such  work,
 21    the  irrigation  delivery  entity shall have the same rights and privileges to
 22    enter the land across which the right-of-way  extends,  for  the  purposes  of
 23    cleaning,  maintaining and repairing the lateral or ditch, and to perform such
 24    work, as does the individual water user authorizing the  work.  By  performing
 25    such  work,  the  irrigation  delivery entity does not assume ownership of the
 26    lateral or ditch, or responsibility for or incur liability for any  injury  to
 27    person  or  property caused by an act or omission of the individual water user
 28    authorizing the work, or of any other person. When such work has  been  autho-
 29    rized,  the  irrigation  entity shall assess the individual water user for the
 30    annual cost of any necessary repairs, improvements, or  maintenance  performed
 31    on  the  lateral  or ditch, in addition to the assessments that are levied for
 32    the delivery of water to the individual water user, and  the  same  provisions
 33    shall  apply  with  regard to delinquent assessments as in the case of assess-
 34    ments levied for the delivery of water. Nothing in this section  shall  affect
 35    the  authority  of  a  water  users'  association  of lateral or laterals from
 36    assessing its members for work authorized under this chapter.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                                 
                             RS 14084
                                 
The purpose of this legislation is to authorize repairs,
improvements and maintenance by an irrigation delivery entity in the
event that a water users  association of lateral or laterals has not
been established on a particular lateral or distributing ditch. Any
individual water user may authorize the irrigation delivery entity
providing water to the lateral or ditch to perform necessary repairs,
improvements and maintenance to the lateral or ditch. The irrigation
entity can only perform such work if it has duly adopted a by-law or
resolution authorizing the work. In performing such work, the irrigation
entity shall have the same rights and privileges to enter the land for
such purposes, as does the individual water user authorizing the work.
The irrigation entity does not assume ownership of the lateral or ditch,
or responsibility for or incur liability for any injury to person or
property. When such work has been authorized, the irrigation entity
shall assess the individual water user for the annual cost or necessary
repairs, improvements, or maintenance, in addition to the assessments
that are levied for the delivery of water.


                          FISCAL IMPACT
                                 
None.



Contact
Name:    Senator Laird Noh 332-1333
         Senator Cecil Ingram 332-1315
         Norm Semanko 344-6690


STATEMENT OF PURPOSE/FISCAL NOTE                       S 1367