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H0281aaS............................................by REVENUE AND TAXATION SURFACE WATER - LAND USES - Amends existing law relating to local land use planning to set forth provisions applicable to the use of surface water for irrigation. 03/01 House intro - 1st rdg - to printing 03/02 Rpt prt - to Res/Con 03/10 Rpt out - rec d/p - to 2nd rdg 03/11 2nd rdg - to 3rd rdg 03/14 3rd rdg - PASSED - 67-0-3 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart(Jacobson), Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Crow, Deal, Smith(30) Floor Sponsor - Moyle Title apvd - to Senate 03/15 Senate intro - 1st rdg - to Loc Gov 03/18 Rpt out - to 14th Ord 03/23 Rpt out amen - to 1st rdg as amen 03/24 1st rdg - to 2nd rdg as amen 03/25 2nd rdg - to 3rd rdg as amen Rls susp - PASSED - 29-1-4, 1 vacancy AYES -- Andreason, Brandt, Broadsword, Bunderson, Burtenshaw, Cameron, Coiner, Compton, Corder, Davis, Geddes, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Stegner, Stennett, Sweet, Werk, Williams NAYS -- Schroeder Absent and excused -- Burkett, Darrington, Gannon, Goedde, (District 21 seat vacant) Floor Sponsor - Hill Title apvd - to House 03/28 House concurred in Senate amens - to engros 03/29 Rpt engros - 1st rdg - to 2nd rdg as amen 03/30 2nd rdg - to 3rd rdg as amen Rls susp - PASSED - 67-0-3 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bedke, Stevenson, Wills Floor Sponsor - Moyle Title apvd - to enrol 03/31 Rpt enrol - Sp signed - Pres signed 04/04 To Governor 04/11 Governor signed Session Law Chapter 338 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 281 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO LOCAL LAND USE PLANNING; AMENDING SECTION 67-6537, IDAHO CODE, TO 3 SET FORTH PROVISIONS APPLICABLE TO THE USE OF SURFACE WATER FOR NEW LAND 4 USES. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 67-6537, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 67-6537.APPLICATION TOUSE OF SURFACE AND GROUND WATER. (1) The intent 9 of this section is to encourage the use of surface water for new land uses. 10 All applicants proposing to make land use changes shall be required to use 11 surface water, where available, as the primary water source for irrigation and 12 other authorized purposes. Surface water shall be deemed available if: 13 (a) A surface water right is, or reasonably can be made, appurtenant to 14 the land; 15 (b) The land is entitled to distribution of surface water from an irriga- 16 tion district, canal company, ditch users association, or other irrigation 17 delivery entity, and the entity's distribution system is capable of deliv- 18 ering the water to the land; or 19 (c) An irrigation district, canal company, or other irrigation delivery 20 entity has sufficient available surface water rights to apportion or allo- 21 cate to the land and has a distribution system capable of delivering the 22 water to the land. 23 (2) The proposed use of surface water from an irrigation delivery entity 24 must be authorized by the entity holding the water right(s) for the available 25 surface water. Nothing in this section shall alter the authority and discre- 26 tion of irrigation delivery entities to apportion, allocate and distribute 27 surface water, or for municipalities, counties, or water and sewer districts 28 to pass ordinances or regulations to promote the use of surface water for new 29 land uses. For all changes in land use where sufficient surface water is 30 available as the primary water source, ground water that is appurtenant to the 31 land shall be a secondary or supplemental source of water to be used only dur- 32 ing times of surface water shortage or interruptions in delivery. Ground water 33 may be used as the primary water source, or as part of the primary water 34 source, if sufficient surface water is not available as the primary water 35 source. 36 (3) When considering amending, repealing or adopting a comprehensive 37 plan, the local governing board shall consider the effect the proposed amend- 38 ment, repeal or adoption of the comprehensive plan would have on the source, 39 quantity and quality of ground water in the area.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005Moved by Hill Seconded by Williams IN THE SENATE SENATE AMENDMENT TO H.B. NO. 281 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 9, delete "new land uses" and 3 insert: "irrigation"; in line 11, following "where" insert: "reasonably"; and 4 also in line 11, delete "and"; in line 12, delete "other authorized purposes"; 5 and also in line 12, following "deemed" insert: "reasonably"; in line 23, 6 delete "The proposed use of surface water from" and insert: "Consistent with 7 sections 42-108 and 42-222, Idaho Code, any change in the nature of use of 8 surface water provided by"; in line 28, delete "new"; delete lines 29 through 9 35, and insert: "irrigation."; following line 35, insert: 10 "(3) Nothing in this section shall be construed to override or amend any 11 provision of title 42 or 43, Idaho Code, or impair any rights acquired there- 12 under."; and in line 36, delete "3" and insert: "4". 13 CORRECTION TO TITLE 14 On page 1, in line 3, delete "NEW LAND"; and delete line 4, and insert: 15 "IRRIGATION.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 281, As Amended in the Senate BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO LOCAL LAND USE PLANNING; AMENDING SECTION 67-6537, IDAHO CODE, TO 3 SET FORTH PROVISIONS APPLICABLE TO THE USE OF SURFACE WATER FOR IRRIGA- 4 TION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 67-6537, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 67-6537.APPLICATION TOUSE OF SURFACE AND GROUND WATER. (1) The intent 9 of this section is to encourage the use of surface water for irrigation. All 10 applicants proposing to make land use changes shall be required to use surface 11 water, where reasonably available, as the primary water source for irrigation. 12 Surface water shall be deemed reasonably available if: 13 (a) A surface water right is, or reasonably can be made, appurtenant to 14 the land; 15 (b) The land is entitled to distribution of surface water from an irriga- 16 tion district, canal company, ditch users association, or other irrigation 17 delivery entity, and the entity's distribution system is capable of deliv- 18 ering the water to the land; or 19 (c) An irrigation district, canal company, or other irrigation delivery 20 entity has sufficient available surface water rights to apportion or allo- 21 cate to the land and has a distribution system capable of delivering the 22 water to the land. 23 (2) Consistent with sections 42-108 and 42-222, Idaho Code, any change in 24 the nature of use of surface water provided by an irrigation delivery entity 25 must be authorized by the entity holding the water right(s) for the available 26 surface water. Nothing in this section shall alter the authority and discre- 27 tion of irrigation delivery entities to apportion, allocate and distribute 28 surface water, or for municipalities, counties, or water and sewer districts 29 to pass ordinances or regulations to promote the use of surface water for 30 irrigation. 31 (3) Nothing in this section shall be construed to override or amend any 32 provision of title 42 or 43, Idaho Code, or impair any rights acquired there- 33 under. 34 (4) When considering amending, repealing or adopting a comprehensive 35 plan, the local governing board shall consider the effect the proposed amend- 36 ment, repeal or adoption of the comprehensive plan would have on the source, 37 quantity and quality of ground water in the area.
STATEMENT OF PURPOSE RS 15064 This legislation requires use of surface water for irrigation on lawns and landscaping when available. FISCAL NOTE There is no fiscal impact. Contact Name: Rep. Mike Moyle Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 281