2005 Legislation
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HOUSE BILL NO. 281 – Surface water for irrigation

HOUSE BILL NO. 281

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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.".

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


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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