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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 - 2005
IN 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 TO USE 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 - 2005
Moved 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 - 2005
IN 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 TO USE 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