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H0372aa...................................................by WAYS AND MEANS GROUND WATER DISTRICTS - Amends existing law relating to ground water districts to provide for the inclusion or exclusion of lands of certain ground water users in districts; to revise provisions relating to the qualification of voters for district elections; to provide that specified ground water users shall be considered members of districts and subject to certain assessments; to provide for hearings, notice, orders, appeals and conclusiveness; to provide for directors at large; to authorize district boards to incur indebtedness on behalf of the district; to authorize ground water boards to levy assessments that adjust a member's proportionate share to take into consideration individual mitigation plans; to provide that the term for indebtedness relating to the funding of mitigation plans shall not exceed thirty years; to provide requirements for the treasurer relating to delinquent assessments and penalties; to prohibit the participation in mitigation plans for nonpayment of mitigation costs when due until paid in full; to require districts to provide the director of the Department of Water Resources with a report of past due mitigation costs and to inform the director upon payment of such costs; to authorize the director to require districts to provide accountings; to revise provisions relating to the annexation of the lands and/or facilities of certain users of ground water into districts and related assessments; to provide for petitions for exclusion of lands, action on such petitions and assessments and obligations related to excluded lands; to provide that certain irrigation districts shall be included in ground water districts only upon filing of a petition for annexation; and to provide for severability. 03/22 House intro - 1st rdg - to printing 03/23 Rpt prt - to Res/Con 03/24 Rpt out - to Gen Ord Rpt out amen - to engros 03/28 Rpt engros - 1st rdg - to 2nd rdg as amen 03/29 2nd rdg - to 3rd rdg as amen Ret'd to Res/Con
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 372 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO GROUND WATER DISTRICTS; AMENDING SECTION 42-5201, IDAHO CODE, TO 3 REVISE DEFINITIONS; AMENDING SECTION 42-5207, IDAHO CODE, TO PROVIDE FOR 4 THE INCLUSION OR EXCLUSION OF LANDS OF CERTAIN GROUND WATER USERS IN 5 GROUND WATER DISTRICTS; AMENDING SECTION 42-5210, IDAHO CODE, TO REVISE 6 GROUND WATER DISTRICT VOTER QUALIFICATION PROVISIONS FOR GROUND WATER 7 USERS, TO PROVIDE FOR VOTES OF CITY GOVERNMENTS AND TO PROVIDE A CORRECT 8 CODE REFERENCE; AMENDING SECTION 42-5212, IDAHO CODE, TO PROVIDE A CORRECT 9 CODE REFERENCE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 10 42-5214, IDAHO CODE, TO REVISE PROVISIONS RELATING TO GROUND WATER USERS 11 TO BE CONSIDERED MEMBERS OF GROUND WATER DISTRICTS AND SUBJECT TO CERTAIN 12 ASSESSMENTS, TO PROVIDE AN EFFECTIVE DATE OF MEMBERSHIP FOR CERTAIN USERS, 13 TO PROVIDE THAT CERTAIN PERSONS WHO BECOME ENTITLED TO APPROPRIATE OR WHO 14 APPROPRIATE GROUND WATER AFTER THE FORMATION OF A GROUND WATER DISTRICT 15 SHALL BE DEEMED INCLUDED IN THE DISTRICT AND SUBJECT TO ASSESSMENTS AS OF 16 A PARTICULAR DATE AND TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SEC- 17 TION 42-5219, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 18 42-5220, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 42-5221, 19 IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 42-5222, IDAHO 20 CODE, TO REDESIGNATE THE SECTION; AMENDING CHAPTER 52, TITLE 42, IDAHO 21 CODE, BY THE ADDITION OF A NEW SECTION 42-5219, IDAHO CODE, TO PROVIDE FOR 22 DIRECTORS AT LARGE; AMENDING SECTION 42-5224, IDAHO CODE, TO AUTHORIZE 23 GROUND WATER DISTRICT BOARDS OF DIRECTORS TO INCUR SPECIFIED INDEBTEDNESS 24 ON BEHALF OF THE DISTRICT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 25 TION 42-5232, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE LEVY OF 26 ASSESSMENTS; AMENDING SECTION 42-5233, IDAHO CODE, TO PROVIDE THAT THE 27 TERM FOR INDEBTEDNESS RELATING TO THE FUNDING OF MITIGATION PLANS SHALL 28 NOT EXCEED THIRTY YEARS; AMENDING SECTION 42-5242, IDAHO CODE, TO PROVIDE 29 THAT DELINQUENT ASSESSMENT LISTS SHALL BE DULY ACKNOWLEDGED BY GROUND 30 WATER DISTRICT TREASURERS AND TO PROVIDE REQUIREMENTS FOR THE TREASURER 31 RELATING TO PAYMENTS IN FULL OF DELINQUENT ASSESSMENTS AND PENALTIES; 32 AMENDING SECTION 42-5244, IDAHO CODE, TO PROHIBIT THE PARTICIPATION IN 33 MITIGATION PLANS FOR NONPAYMENT OF CERTAIN MITIGATION COSTS WHEN DUE UNTIL 34 PAID IN FULL, TO REQUIRE GROUND WATER DISTRICTS TO PROVIDE THE DIRECTOR OF 35 THE DEPARTMENT OF WATER RESOURCES WITH A REPORT OF PAST DUE MITIGATION 36 COSTS, TO AUTHORIZE THE DIRECTOR TO REQUIRE GROUND WATER DISTRICTS TO PRO- 37 VIDE CERTAIN ACCOUNTINGS AND TO REQUIRE GROUND WATER DISTRICTS TO INFORM 38 THE DIRECTOR IMMEDIATELY UPON PAYMENT OF PAST DUE MITIGATION COSTS; AMEND- 39 ING SECTION 42-5245, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE 40 ANNEXATION OF THE LANDS AND/OR FACILITIES OF CERTAIN USERS OF GROUND WATER 41 INTO GROUND WATER DISTRICTS; AMENDING SECTION 42-5248, IDAHO CODE, TO 42 REVISE PROVISIONS RELATING TO ASSESSMENTS AGAINST ANNEXED LANDS; AMENDING 43 SECTION 42-5251, IDAHO CODE, TO PROVIDE FOR ACTION ON PETITIONS FOR EXCLU- 44 SION OF LANDS FROM GROUND WATER DISTRICTS BY DISTRICT BOARDS, TO PROVIDE 45 REQUIREMENTS FOR PETITIONS FOR EXCLUSION OF LANDS AND TO PROVIDE REQUIRE- 46 MENTS RELATING TO ACTIONS ON PETITIONS FOR EXCLUSION OF LANDS BY DISTRICT 2 1 BOARDS; AMENDING SECTION 42-5252, IDAHO CODE, TO REVISE REQUIREMENTS 2 RELATING TO CONTENTS OF PETITIONS FOR EXCLUSION OF LANDS AND/OR FACILITIES 3 FROM GROUND WATER DISTRICTS; AMENDING SECTION 42-5253, IDAHO CODE, TO 4 REVISE PROVISIONS AND REQUIREMENTS RELATING TO ORDERS OF EXCLUSION OF 5 LANDS FROM GROUND WATER DISTRICTS; AMENDING SECTION 42-5256, IDAHO CODE, 6 TO PROVIDE FOR FILING OF ANY DECISIONS OR ORDERS IN THE OFFICE OF SPECI- 7 FIED COUNTY RECORDERS; AMENDING SECTION 42-5257, IDAHO CODE, TO PROVIDE 8 THAT LAND AND/OR FACILITIES FULLY EXCLUDED FROM GROUND WATER DISTRICTS 9 SHALL BE SUBJECT TO CERTAIN ASSESSMENTS AND OBLIGATIONS; AMENDING SECTION 10 42-5259, IDAHO CODE, TO DELETE A REFERENCE TO IRRIGATORS; REPEALING SEC- 11 TION 42-5276, IDAHO CODE; PROVIDING SEVERABILITY; AND DECLARING AN EMER- 12 GENCY. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 42-5201, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 42-5201. SHORT TITLE -- TITLE OF DISTRICTS -- DEFINITIONS. This chapter 17 is known as the "Ground Water District Act"; the districts created hereunder 18 may be termed "ground water districts." When used in this chapter, and unless 19 otherwise specified, the following terms shall be defined as follows: 20 (1) "Board" means the board of directors of a ground water district orga- 21 nized pursuant to this chapter. 22 (2) "Corporation" means a corporation or limited liability company. 23 (3) "County commission" means the board of county commissioners or any 24 other governing board or authority for a county, as provided by law. 25 (4) "Department" means the Idaho department of water resources. 26 (5) "Director" means the director of the department of water resources. 27 (6) "District" means a ground water district established, or to be estab- 28 lished, pursuant to this chapter. 29 (7) "Ground water" when used in this chapter means water under the sur- 30 face of the ground whatever may be the geologic structure in which it is 31 standing or moving, as provided in section 42-230(a), Idaho Code. 32 (8) "Ground water user" means the legal or beneficial owner of a ground 33 water right, or the user of a ground water right pursuant to lease or contract 34 of a ground water right to divert ground water of the state for a beneficial 35 use or purpose, except for those diverting under rights used solely for domes- 36 tic or stock use as defined by sections 42-111 and 42-1401A, Idaho Code. A 37 ground water user is within the boundary of a ground water district if the 38 well or other point of diversion used by that ground water user is within the 39 boundary. A husband and wife together diverting ground water pursuant to right 40 shall constitute one (1) ground water user.Ground water user includes both a41ground water irrigator and a nonirrigator as defined in this chapter.42 (9)"Ground water irrigator" means a ground water user holding a ground43water right for irrigation purposes within a ground water district.44(10)"Land" or "lands," when used in the context of the property of a 45 ground water user subject to district assessment under this chapter, means the 46 real property where ground water is diverted or placed to beneficial use, 47 including the facilities in or through which a ground water user makes benefi- 48 cial use of ground waters. 49(11) "Nonirrigator" means a ground water user holding a ground water right50for commercial, municipal, or industrial purposes within a ground water dis-51trict. A ground water user will be deemed a nonirrigator for purposes of this52chapter even though: (a) some component of the user's ground water use is for3 1irrigation; or (b) the user holds a ground water right for irrigation that is2incidental to, or normally associated with, the user's commercial, municipal3or industrial purpose.4 (120) "Member" means a ground water user whose lands, facilities and/or 5 water rights are included in and subject to a ground water district and its 6 policies. 7 (131) "Mitigation plan" means a plan to prevent or compensate for material 8 injury to holders of senior water rights caused by the diversion and use of 9 water by the holders of junior priority ground water rights who are partici- 10 pants in the mitigation plan. 11 (142) "Person" means an individual, partnership, trust, estate, associa- 12 tion, corporation, municipal corporation, the state of Idaho and any of its 13 agencies, the United States, an Indian tribe, a public corporation, or any 14 other public or private entity. 15 (153) "Public corporation" means counties, city and counties, cities, 16 school districts, municipal water districts, irrigation districts, recharge 17 districts, water districts, park districts, subdistricts, and all other gov- 18 ernmental agencies of this state, having the power of levying or providing for 19 the levy of general or special taxes or special assessments, and any political 20 subdivision of another state of the United States. 21 (164) "Water right" means the legal right to divert and beneficially use 22 the public waters of the state of Idaho where such right is evidenced by a 23 decree, a permit or a license issued by the department, a beneficial or con- 24 stitutional use right evidenced by an adjudication claim or claim based on 25 section 42-243, Idaho Code, or a right based on federal law. 26 SECTION 2. That Section 42-5207, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 42-5207. ORGANIZATION HEARING BEFORE COUNTY COMMISSION -- ORDER OF COUNTY 29 COMMISSION. (1) After receiving the report of the department of water 30 resources, the county commission shall conduct a hearing on the petition. If 31 the county commission determines that the requisite number of signatures were 32 not gathered on the petition, the board shall adjourn the hearings for two (2) 33 weeks for the purpose of enabling the petitioners to gather additional signa- 34 tures. The petitioners may amend the boundaries of the proposed district at 35 the hearing to include or exclude lands of those ground waterirrigatorsusers 36 who provide written notice or who appear at the hearing requesting that their 37 lands be either included or excluded, to meet the recommendations of the 38 department, or as they may find advisable to achieve suitable district bound- 39 aries. The county commission shall accept any additional nominations of per- 40 sons to be directors at the hearing or the nominations may be filed with the 41 county clerk. The nominations must be signed by at least six (6) ground water 42 users from the proposed district. 43 (2) When the county commission has determined to proceed with the peti- 44 tion, it may adjourn the hearing from time to time, not exceeding four (4) 45 weeks in all, and on final hearing, the county commission: 46 (a) May make such other changes in the proposed boundaries of the dis- 47 trict and divisions within the district as it may find proper; and 48 (b) Shall make an order on its records describing the area which it shall 49 have determined to include in the district, and stating that lands of 50 ground water users within such area will be organized into a ground water 51 district if the vote of the electors accepts organization of the district. 52 (3) The county commission shall notify the department of the final action 53 by mailing or faxing a copy of the order to the department within seven (7) 4 1 days of the board's decision. If the boundaries of the proposed ground water 2 district differ from the boundaries contained in the department's original 3 report, the department shall prepare a revised list of the ground water users 4 within such proposed district by name, address, ground water right number, 5 point of diversion, and cubic feet per second per ground water right and 6 return it to the county commission. 7 SECTION 3. That Section 42-5210, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 42-5210. QUALIFICATIONS OF VOTERS FOR DISTRICT ELECTIONS. (1) Any ground 10 waterirrigator, and any nonirrigator who is a member for all purposes,user 11 within the proposed district shall be entitled to vote at any election held 12 under the provisions of this chapter. The production of documentation of a 13 water right as described in section 42-5201(164), Idaho Code, shall be suffi- 14 cient evidence of ground water use for purposes of acting as an elector under 15 this chapter. A representative of a ground water user shall be so designated 16 by written proxy signed by the ground water user except that the vote of a 17 state, city or county government may be cast by an elected or appointed offi- 18 cial of the agency, or his designee. A corporation or partnership shall vote 19 or otherwise act by a single individual who is authorized by the corporation 20 or partnership to act on its behalf. A corporation or partnership must fur- 21 nish the election officials a written designation stating the name of the 22 individual who is authorized to vote and otherwise act for the corporation or 23 partnership. 24 (2)Any ground water user who becomes a member of a district solely for25mitigation purposes:26(a) Shall be entitled to vote only in those district elections concerning27whether to incur indebtedness as specified in section 42-5234, Idaho Code;28and29(b) Shall be ineligible to nominate directors or officers of the dis-30trict, to serve in such capacities, or otherwise to participate in the31governance of the district.32(3) A nonirrigator may participate in the election to determine whether a33district will be formed only according to the following provisions:34(a) The nonirrigator shall notify the judges of election in writing at35least ten (10) working days prior to the date of the election that such36person supports the formation of the district, elects to become either a37member for all purposes, or a member only for mitigation purposes as38described in section 42-5214, Idaho Code, should it be formed, and, by39such notice, casts its vote(s) in favor of formation.40(b) The notification shall contain a legal description of the land41through which the nonirrigator places ground waters to beneficial use, a42statement of the amount of such person's ground water right in cubic feet43per second of diversions, and a copy of the ground water right documenta-44tion described in section 42-5201(16), Idaho Code.45(c) Once the judges of election have accepted the notification described46in subsection (3)(b) of this section, they shall duly record the47nonirrigator's vote(s) in favor of district formation in the canvassing of48votes carried out pursuant to section 42-5213, Idaho Code.49(d) If the voting results in the formation of the district, the50nonirrigator who provided such notification thereafter shall be a full51member or member for mitigation purposes of such district, whichever the52case may be, and shall have all obligations, rights, and limitations53attaching thereto.5 1(4)Each ground water user shall have one (1) vote for each cubic foot 2 per second, or proportion thereof (rounded to the nearest tenth of a cubic 3 foot per second), for which such ground water user holds a ground water right 4 whose point of diversion is within the proposed district boundaries. 5 SECTION 4. That Section 42-5212, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 42-5212. REGISTRATION NOT REQUIRED. No registration shall be required in 8 any ground water district election, but in lieu thereof the judges of election 9 shall require every elector to subscribe to an elector's oath as prerequisite 10 to casting his vote, and such oath shall be the usual elector's oath with the 11 following words added thereto, "I am a resident of .......... county, and I am 12 a ground water user within the ....... (proposed) ground water district, or I 13 am a representative of a ground water user within the ....... (proposed) 14 ground water district" and present evidence of such ground water use pursuant 15 to section 42-5201(164), Idaho Code, if they do not appear on the department's 16 list as provided in section 42-5206, Idaho Code. 17 SECTION 5. That Section 42-5214, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 42-5214. GROUND WATER USERS INCLUDED WITHIN THE DISTRICT. (1) All ground 20 waterirrigatorsusers within the boundaries of the district are members of 21 the district and subject to assessments, rights and responsibilities estab- 22 lished by the district as set forth in this chapter, notwithstanding any 23 change in the ownership or control of the property of the water user, whether 24 by way of transfer, exchange, conveyance, assignment, lease, or otherwise, to 25 which the water right or rights used to determine assessments are appurtenant, 26 unless excluded from the district pursuant to sections 42-5251 through 27 42-5257, Idaho Code. Any ground water user who, due to the type of use being 28 made of water under the user's water right, previously was not a member as of 29 March 31, 2005, shall be included as a member effective on and after such 30 date. 31 (2)All nonirrigators within the boundaries of the district who voted32according to notice as provided in section 42-5210(3), Idaho Code, are members33of the district as specified in such notice.34(3) A nonirrigator also may become a member of a district by providing,35within sixty (60) days after the date on which the district is formed, written36notice to the district board that the nonirrigator wishes to join the district37either as a member for all purposes or as a member for mitigation purposes38only. Upon providing such notice, the nonirrigator shall be either a member39for all purposes or a member for mitigation purposes only, as specified in the40notice, and shall be subject to assessment accordingly as provided in this41chapter. After such sixty (60) day period, a nonirrigator may become a member42of a district only through the annexation procedure described in sections4342-5245 through 42-5249, Idaho Code.44(4) Except as provided for municipal, commercial, industrial, federal and45tribal ground water users in subsection (1) of this section, aAny person whose 46 permit, license, or other entitlement to appropriate ground water was acquired 47 after the formation of the district, or who appropriates ground water for uses 48 not requiring a permit after the formation of the district, but qualifies as a 49 ground water user under subsection (108) of section 42-5201, Idaho Code, 50 within the area of the district in all other respects, shall be deemed 51 included within and subject to assessment by the district, if benefitted6 1either directly or indirectly by the districtas of the date the permit, 2 license, or entitlement is acquired. 3 SECTION 6. That Section 42-5219, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 42-52198A. WHEN ELECTION NOT REQUIRED. In any election for directors if, 6 after the expiration of the date for filing written nominations for the office 7 of director, it appears that only one (1) qualified candidate has been nomi- 8 nated thereby for each position to be filled, it shall not be necessary to 9 hold an election, and the board of directors shall, within five (5) days after 10 expiration of the date for filing written nominations, declare such candidate 11 elected as director. The procedure set forth in this section shall not apply 12 to any other district election. 13 SECTION 7. That Section 42-5220, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 42-522018B. NOTICE OF ELECTION. The secretary of the district shall give 16 notice of all elections in the district by posting the same in five (5) public 17 places in each county in which a part of the district is situated and in the 18 office of the board of directors at least four (4) weeks before the day of 19 such election, or by publication of the notice once a week for four (4) suc- 20 cessive weeks in a newspaper or newspapers published in each of said counties 21 or in a newspaper of general circulation therein. Notices shall state the time 22 of the election and the location of polling places within the district and the 23 directors to be elected or other question to be voted upon, as the case may 24 be. 25 SECTION 8. That Section 42-5221, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 42-52218C. CONDUCT OF ELECTIONS. The election shall be conducted as 28 nearly as practicable in accordance with the general laws of the state; pro- 29 vided that no particular form of ballot shall be required and the provisions 30 of the election laws as to the form and distribution of ballots shall not 31 apply and each ballot must indicate the number of cubic feet per second asso- 32 ciated with the ballot cast. The board of directors shall designate polling 33 places in such number as it may deem necessary. At least ten (10) days before 34 the holding of any election, the board shall appoint three (3) electors to 35 serve as judges of election at each polling place. The judges shall perform 36 the same duties as near as may be, as judges of election under the general 37 laws of the state. Immediately after the election, the judges of election 38 shall forward the official results to the secretary of the district. 39 SECTION 9. That Section 42-5222, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 42-522218D. CANVASS OF RETURNS -- DECLARATION OF WINNERS. On the first 42 Monday after each election, or at a time designated by the board of directors, 43 the board shall meet at its usual place of meeting and proceed to canvass the 44 returns. By order entered on its minutes, the board shall declare elected the 45 person or persons having the highest number of votes for each office. 46 SECTION 10. That Chapter 52, Title 42, Idaho Code, be, and the same is 7 1 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 2 ignated as Section 42-5219, Idaho Code, and to read as follows: 3 42-5219. DIRECTORS AT LARGE. In the event a district is divided into six 4 (6) or fewer divisions, the district is authorized to elect one (1) to two (2) 5 directors at large. Directors at large shall be elected at the annual meeting 6 of the district by a two-thirds (2/3) majority of the members present at the 7 meeting. Every director at large elected pursuant to the provisions of this 8 section shall be a ground water user in the district. Directors at large shall 9 hold office for a term of two (2) years, or until their successors are elected 10 and qualified. Provided however, that in no event shall a district have more 11 than a total of seven (7) directors serving at any time whether elected pursu- 12 ant to the provisions of section 42-5218, Idaho Code, or pursuant to this sec- 13 tion. 14 SECTION 11. That Section 42-5224, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 42-5224. POWERS AND DUTIES OF BOARD OF DIRECTORS. The board shall, in 17 addition to any other powers and duties provided in this chapter, and provided 18 that nothing in this chapter shall abrogate or impair the right of any person 19 to take any action necessary to acquire, protect, challenge or defend any 20 water right, have the following powers and duties: 21 (1) To acquire, and/or construct, operate, control or use by appropria- 22 tion, grant, purchase, bequest, devise, contract or lease works or facilities, 23 water rights, water permits or licenses, well-drilling permits, wells, pipe- 24 lines, ditches and any other real and personal property (including easements 25 and rights-of-way) or contract entitlement within or without the district nec- 26 essary or convenient to fully exercise its powers; 27 (2) To sell, lease, encumber, alienate, or otherwise dispose of works or 28 facilities, water, water rights, wells, pipelines, ditches, reservoirs, 29 recharge facilities, and any other real and personal property owned by the 30 district within or without its boundaries, and to incur indebtedness on behalf 31 of the district as specified in this chapter; 32 (3) To enter into contracts and agreements, cooperative and otherwise, 33 including contracts with the United States of America and any of its agencies 34 or instrumentalities, and tribes, and contracts with corporations, public or 35 private, municipalities, or governmental subdivisions necessary or convenient 36 to fully exercise its powers; 37 (4) To hire and retain agents, employees, engineers, hydrologists, geolo- 38 gists, and attorneys as shall be necessary and convenient to transact the 39 district's business and to represent the district's interests; 40 (5) To levy assessments for the operation of the district and its pro- 41 grams; 42 (6) To represent district members, with respect to their individual water 43 rights, in general water rights adjudications and other legal and administra- 44 tive proceedings or before political bodies, provided that the board may levy 45 assessments for these matters against only those members who have given writ- 46 ten consent for the representation; 47 (7) To represent district members in proceedings or meetings of a water 48 district established by the director of the department notwithstanding any 49 provision to the contrary in chapter 6, title 42, Idaho Code. Provided how- 50 ever, that the board shall not be authorized to cast a vote in any proceeding 51 or meeting of a water district established pursuant to chapter 6, title 42, 52 Idaho Code, on behalf of any district member who has, prior to such proceeding 8 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 (9) To acquire stock in canal companies, water companies, and water 9 users' associations; 10 (10) 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 (11) To develop, maintain, operate and implement mitigation plans designed 13 to mitigate any material injury caused by ground water use within the district 14 upon senior water uses within and/or without the district; 15 (12) 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 (13) 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 (14) To sue and be sued, and be a party to suits, actions and proceedings; 25 (15) To enter into joint powers agreements and/or memoranda of understand- 26 ing with other districts, governmental or quasi-public entities; 27 (16) To develop and acquire water rights for, and operate, aquifer storage 28 or recharge projects; 29 (17) To monitor, measure, study, and implement programs in the interests 30 of the district's members regarding the protection of ground water diversions, 31 depth of water in wells, aquifer water levels and characteristics; 32 (18) To adopt and amend bylaws not in conflict with the constitution and 33 laws of the state for carrying on the business, objects and affairs of the 34 board and of the district and to establish a fiscal year; 35 (19) To enter upon land to make surveys, locate district property, works, 36 or facilities, and to otherwise conduct the affairs of the district; 37 (20) To make, record and report annually to the director sufficient mea- 38 surements of diversions and water levels of district members to allow the dis- 39 trict to be excluded from any water measurements district created pursuant to 40 sections 42-705 through 42-715, Idaho Code.; 41 (21) To manage and conduct the affairs of the district and to have and 42 exercise all rights and powers necessary or incidental to or implied from the 43 specific powers granted herein. Such specific powers shall not be considered 44 as a limitation upon any power necessary or appropriate to carry out the pur- 45 poses and intent of thisactchapter. 46 SECTION 12. That Section 42-5232, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 42-5232. LEVY OF ASSESSMENTS. (1) The secretary of the board shall be the 49 assessor of the district, and on or before August 1 of each year shall prepare 50 an assessment book containing a full and accurate list of all lands within the 51 district that are subject to assessment under this chapter. 52 (2) At a regular meeting of the board between August 1 and November 1 of 53 each year, the board of directors shall determine the amount necessary to be 9 1 raised for payment of the annual payment on any and all indebtedness of the 2 district for the following year. Money received in payment of such assess- 3 ments shall be deposited in a separate fund to be known as the debt retirement 4 fund. 5 (3) The board shall, in addition, determine the assessments necessary to 6 pay, without limitation, the expenses of developing, operating or maintaining 7 any mitigation plan established by the district and the cost of contracts with 8 any person for mitigation plans, or evaluation of proposed contracts. Money 9 received in payment of such assessments shall be deposited in a separate fund 10 to be known as the mitigation expense fund. 11 (4) The board shall, in addition, determine the assessments necessary to 12 pay maintenance and operation of the district not related to mitigation plans 13 or purposes. These operation and maintenance duties include making the assess- 14 ment book, giving notice of assessments and making collections thereof, and 15 other duties, programs or projects of the district to the extent such duties, 16 programs or projects are not attributable to mitigation plans or purposes. 17 Money received in payment of such assessments shall be deposited in a separate 18 fund of the district to be known as the operating expense fund. 19 (5)Any ground water user who becomes a member of a district for mitiga-20tion purposes shall be subject to no assessment beyond his proportional share21of the costs, including administrative costs and other reasonable expenses, of22any mitigation plan or actions or activities in furtherance of the district's23mitigation plans or purposes.24(6)No assessment made pursuant to this chapter shall be a lien against 25 any municipal property. 26 (76) Except as otherwise provided in this chapter, each member shall pay 27 a proportionate share of the total of all amounts to be assessed for the pur- 28 poses aforementioned, which share shall be based on the ratio which the quan- 29 tity of water the water user is authorized to appropriate under the member's 30 ground water right(s) bears to the total quantity of water authorized for 31 appropriation under the ground water rights of all water users in the dis- 32 trict, provided, that the board shall be entitled to levy assessments that 33 adjust a member's proportionate share to take into consideration priority 34 dates, consumptive use under the members' respective ground water rights, 35 other attributes of the ground water rights appurtenant to the assessed lands, 36 and/or the benefits the member derives from a mitigation plan or other activ- 37 ity of the district. 38 SECTION 13. That Section 42-5233, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 42-5233. POWER TO INCUR INDEBTEDNESS -- ASSESSMENTS TO SECURE REPAYMENT 41 -- WARRANTS. (1) In order to secure funds for the mitigation plan or plans for 42 the district, the board of directors may, by resolution duly adopted and 43 entered upon the minutes, incur indebtedness by contract with a money lending 44 institution; provided however, that the term of such indebtedness shall not 45 exceedtenthirty (130) years. To secure the repayment of any indebtedness so 46 incurred, the board shall levy assessments over the term of the indebtedness 47 in amounts sufficient to repay the interest and principal as it falls due. 48 Such assessments shall be levied in the manner and shall be subject to the 49 limitations set forth in section 42-5232, Idaho Code, and may be levied only 50 if the indebtedness has been approved at an election pursuant to sections 51 42-5234 through 42-5238, Idaho Code. 52 (2) Notwithstanding the provisions of subsection (1) of this section, the 53 board of directors may, before the collection of the first assessment, incur 10 1 indebtedness for the purpose of organization, or for any of the purposes of 2 this chapter, and cause warrants of the district to issue therefor, provided 3 that the total dollar amount of the warrants authorized to be issued shall not 4 exceed one dollar ($1.00) for each two-hundredths (.02) of a cubic foot per 5 second of ground water authorized to be diverted and used upon lands or facil- 6 ities located within the district. Following the collection of the first 7 assessment, the board of directors may at any time issue warrants of the dis- 8 trict for the purpose of paying claims of indebtedness against the district, 9 including salaries of officers and employees, not to exceed the district's 10 anticipated revenue. 11 (3) The warrants herein authorized shall be in form and substance the 12 same as county warrants or as nearly the same as may be practicable and shall 13 be signed by the chairman and attested by the secretary of said board. All 14 such warrants shall be presented by the holder thereof to the treasurer of the 15 district for payment who shall endorse thereon the day of presentation for 16 payment with the additional endorsement thereon, in case of nonpayment, that 17 they are not paid for want of funds, and such warrants shall draw interest at 18 a rate to be established by the board of directors from the date of their pre- 19 sentation to the treasurer for payment as aforesaid until such warrants are 20 paid. No warrants shall be issued in payment of any indebtedness of such dis- 21 trict for less than face or par value. It shall be the duty of the treasurer 22 from time to time when sufficient funds are available for that purpose to 23 advertise in a newspaper in the county in which the district is situated 24 requiring the presentation to the treasurer for payment of as many of the out- 25 standing warrants as are able to be paid. Ten (10) days after the first publi- 26 cation of said notice by the treasurer calling in any of said outstanding war- 27 rants, said warrants shall cease to bear interest, which shall be stated in 28 the notice. Said notice shall be published two (2) weeks consecutively and 29 said warrants shall be called in and paid in the order of their endorsement. 30 SECTION 14. That Section 42-5242, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 42-5242. ENTRY OF DELINQUENT ASSESSMENTS -- FILING OF DELINQUENCY LIST. 33 (1) On or before the 15th day of January of each year the treasurer shall 34 enter the amount of all delinquent assessments upon the assessment book, which 35 entry shall be considered to be dated as of the first day of January. Such 36 entry shall have the force and effect of a sale to the treasurer of the dis- 37 trict as grantee in trust for the district of all property to which a lien has 38 attached as a result of such unpaid assessments. 39 (2) The treasurer shall compile a list of such delinquency entries which 40 shall contain the names of the persons or entities to whom the assessments 41 were directed and the amount of such delinquent assessments together with the 42 amount of the penalties to be added thereto. A certified copy of the delin- 43 quency list, duly acknowledged by the treasurer, shall be filed with the 44 county recorder of each county in which the properties affected by such delin- 45 quent assessments are located, and the treasurer shall then provide by certi- 46 fied mail a notice of delinquency to each ground water user having a delin- 47 quent assessment. 48 (3) Upon the payment in full of any delinquent assessment and penalty 49 that was entered on a recorded delinquency list, the treasurer shall file with 50 the county recorder of each county in which the list of delinquent assessments 51 was recorded an acknowledged notice that the delinquent assessment and any 52 penalty owed has been paid in full. The treasurer shall file any notices of 53 payment of delinquent assessments with the county recorders, as required, on 11 1 at least a monthly basis. 2 SECTION 15. That Section 42-5244, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 42-5244. PROHIBITION AGAINST PARTICIPATION IN MITIGATION PLAN WHEN SUB- 5 JECT TO DELINQUENT ASSESSMENT OR FOR NONPAYMENT OF OTHER MITIGATION COSTS. A 6 ground water user who is delinquent in the payment of any assessment against 7 his water use under this chapter, or who has failed to pay other mitigation 8 costs owed to the district when due, is prohibited from being a participant in 9 any mitigation plan until such delinquent assessment, or other past due amount 10 owed for mitigation costs, is paid in full. The district shall provide the 11 director a report of such delinquent assessments, or other past due mitigation 12 costs, at the first of each month for purposes of enforcement. Prior to under- 13 taking enforcement, the director may require from the district an accounting 14 of the basis for the assessment and other mitigation costs and the apportion- 15 ment of those assessments and costs among district members. The district shall 16 inform the director immediately upon the payment of any such delinquent 17 assessment, or other past due mitigation costs. This section shall be 18 enforced by the watermaster within water districts established under chapter 6 19 of this title, and by the director pursuant to sections 42-351 and 42-1701B, 20 Idaho Code, in areas outside of such water district. 21 SECTION 16. That Section 42-5245, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 42-5245. PETITION FOR ANNEXATION OF LAND. Any ground water user, as 24 defined in section 42-5201(8), Idaho Code, as well as any user of ground water 25 for domestic or stock use as defined by sections 42-111 and 42-1401A, Idaho 26 Code, may file with the board a petition in writing praying that the land 27 and/or facilities listed under the ground water user's ground water right(s) 28 may be annexed into the district. The petition shall contain a legal descrip- 29 tion of the lands and any other information the district may require, and the 30 petitioner shall state under oath that petitioner holds the title to said 31 lands.If the ground water user is a nonirrigator, the petition shall state if32the ground water user is seeking to join the district solely to participate in33the district's mitigation plan or other mitigation activities.34 SECTION 17. That Section 42-5248, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 42-5248. ASSESSMENTS AGAINST ANNEXED LANDS.(1)The board of directors 37 may require, as a condition to the granting of an annexation petition, that 38 the petitioners shall severally pay to the district such respective sums, as 39 nearly as the same can be estimated, as said petitioners, or their grantors, 40 would have been required to pay such district, had such lands been included in 41 such district at the time it was originally formed, together with a propor- 42 tionate share of the expenses of the district accrued since formation. 43(2) If the petition seeks only to participate in a district mitigation44plan, the board may require a proportionate sum of the mitigation expenses45accrued since the district was originally formed to be paid as a condition to46the granting of an annexation petition.47 SECTION 18. That Section 42-5251, Idaho Code, be, and the same is hereby 48 amended to read as follows: 12 1 42-5251. PETITION FOR EXCLUSION OF LANDS --LANDS MAY REMAIN IN THE DIS-2TRICT FOR MITIGATION PURPOSESACTION ON PETITION BY DISTRICT BOARD. Any dis- 3 trict member may file with the district board a petition requesting that the 4 member's lands be excluded from the district.The petition may request that5the lands either be excluded for all purposes or be excluded for all purposes6except mitigation.The petition shall be signed by each petitioner,but need7not be acknowledgedand shall state that continued inclusion of the lands in 8 the district is inappropriate or unwarranted: 9 (1) Because the diversions of ground water under the ground water users 10 water right have no depletive effect on any water source, either individually 11 or cumulatively when considered in conjunction with other similar diversions; 12 (2) Because the only ground water use associated with the lands sought to 13 be excluded by the petition is a domestic or stock water use as defined by 14 sections 42-111 and 42-1401A, Idaho Code; 15 (3) Because the exclusion of the lands will not impair the district's 16 ability to repay debt or carry out mitigation plans; 17 (4) Because the exclusion is in the best interests of the district and 18 its members; or 19 (5) For other compelling reasons. 20 The board shall consider the petition and, based on findings concerning such 21 factors, the board shall grant or deny the petition within ninety (90) days of 22 the date it is filed, unless the board, in its sole discretion, grants a hear- 23 ing on the petition within such time period, in which case the board shall 24 issue a final decision within sixty (60) days after the conclusion of the 25 hearing. All costs incurred by the district in carrying out the exclusion pro- 26 ceeding shall be assessed as provided in section 42-5253, Idaho Code. A per- 27 son purchasing land under a written contract shall be deemed to be the owner 28 of that land for purposes of this section. 29 SECTION 19. That Section 42-5252, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 42-5252. CONTENTS OF PETITION -- REPRESENTATIONS, CERTIFICATION AND LIA- 32 BILITY -- WAIVER OF BENEFITS UPON EXCLUSION. (1) A petition for exclusion 33 shall set forth or include the following: 34 (a) A description of the land and/or facilities of petitioner for which 35 exclusion is requested, together with such evidence of ownership of the 36 land and/or facilities as is satisfactory to the district board; 37 (b) A representation that no mortgagee or other person holds a lien of 38 record in the county where the land for which exclusion is requested is 39 located, for which the lienholder's consent to the exclusion is required 40 or that, if such consent is required, the consent has been granted by the 41 lienholder; 42 (c)If the member seeks exclusion for all purposes, aAn explicit written 43 waiver and relinquishment, on a form provided by the board or otherwise, 44 of all right to rely upon or be covered by any program, plan, activity or 45 benefits of any kind provided by or through the district; 46 (d)If the member seeks to be excluded from the district for all purposes47except mitigation, an explicit written waiver and relinquishment stating48that the member recognizes and agrees that:49(i) The member no longer will be entitled to vote or participate in50the governance of the district, to nominate directors, or to serve as51a director of the district except as specified in this chapter;52(ii) The member will remain subject to all assessments pertaining to53the district's mitigation program(s) or plans;13 1(iii) The member will be entitled to receive no benefits of any kind2from the district except those pertaining to mitigation purposes.3(e) Regardless of whether the exclusion will be for all purposes or for4all except mitigation purposes, aAn explicit written statement, on a form 5 provided by the board or otherwise, that the member recognizes and agrees 6 that he will remain liable to the district, and subject to assessment, for 7 any financial indebtedness the member may have to the district for indebt- 8 edness incurred before exclusion occurs. 9 (2) The district board shall return to the petitioner any petition not 10 accompanied by the information required in subsection (1) of this section, and 11 no further action shall be required of the board with respect to such peti- 12 tion. The petitioner shall be liable for any expenses or damages to lienhold- 13 ers or to other landowners or to the district resulting directly or indirectly 14 from wrongful exclusion of lands by reason of untrue or incorrect statements 15 in the petition. 16 (3) The petition for exclusion shall be signed by the member and be 17 acknowledged in front of a notary public in the same manner as for deeds of 18 land. 19 SECTION 20. That Section 42-5253, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 42-5253. ORDER OF EXCLUSION. (1)Upon receipt of a properly completed22petition for exclusion,In the event the district's board of directors grants 23 a petition for exclusion, the board shall, by resolution,shallmake an order 24 forthwith excluding the lands described in the petitioneitherfor all pur- 25 poses.or for only those purposes not related to mitigation. No hearing is26required prior to granting a petition for exclusion.27 (2) At a minimum, the order of exclusion shall specify that: 28 (a) Lands excludedfor all purposesshall not be a part of or be entitled 29 to receive any benefits from the district; 30 (b)Lands excluded only for purposes not related to mitigation, shall31continue to be part of the district for mitigation purposes only and shall32be assessed for these purposes as provided under this chapter;33(c)Any excluded lands are subject to the requirements of section 34 42-5257, Idaho Code. 35 (dc) When the petition is filed on or before December 1 in any calendar 36 year, any assessment, other than those specified in section 42-5257, Idaho 37 Code, against the land for any calendar year subsequent to the year in 38 which the petition was filed shall not be valid and no lien for any such 39 attempted assessment shall attach under section 42-5240, Idaho Code. 40 SECTION 21. That Section 42-5256, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 42-5256. CHANGES TO BE FILED FOR RECORD.TheAny decision and order of 43 the board of directors or the district court, in case of appeal, excluding the 44 petitioner's land and changing the boundaries of such ground water district 45 shall be filed for record in the recorder's office of the county or counties 46 within which are situated the lands of such ground water district. 47 SECTION 22. That Section 42-5257, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 42-5257. EXCLUSION -- EFFECT -- OBLIGATIONS OUTSTANDING -- ENFORCEMENT -- 14 1 PAYMENT -- CERTIFICATE. (1) Except as otherwise provided in this chapter, land 2 and/or facilities excluded from any ground water district shall not thereafter 3 be entitled to any of the rights and benefits of the district and shall be 4 deemed to have fully relinquished all such rights and benefits. 5 (2) Land and/or facilities fully excluded from a districtand those6excluded only from nonmitigation purposesshall be subject to assessment and 7 be otherwise chargeable for the payment and discharge of all obligations out- 8 standing at the time of the entry of the exclusion order as fully as though 9 the land had not been excluded. Such obligations shall include, but are not 10 limited to, their proportionate share of any of the district's existing 11 indebtedness that was incurred for a project or activity that: (a) provided a 12 benefit to such lands prior to the exclusion and for which benefit the 13 excluded lands remain indebted; or (b) continues to benefit such lands even 14 after the exclusion. Where either of these circumstances exists, excluded 15 lands shall remain a part of the district for the purpose of discharging such 16 existing contract indebtedness, and otherwise shall be obligated to pay all 17 regular and special assessments to retire such debt as if they had not been 18 excluded. The district's board of directors may allow any debt or obligation 19 against any excluded land and/or facility to be paid in installments or in any 20 other manner the board deems equitable. 21 (3) All provisions which could be used to compel the payment by excluded 22 land of its portion of the outstanding obligations had the exclusion not 23 occurred, may be used to compel the payment on the part of the land of the 24 portion of the outstanding obligations of the district for which it is liable. 25 (4) When any member obtaining the exclusion of land from a ground water 26 district has paid to the district all of the debts and obligations of the dis- 27 trict assessable, chargeable or allocable to the land and/or facility 28 excluded, the district may issue its certificate of full payment executed by 29 the president and secretary of the district, and acknowledged so that the cer- 30 tificate may be recorded in the records of the county wherein the land is sit- 31 uate. 32 SECTION 23. That Section 42-5259, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 42-5259. PARTICIPATION BY NONMEMBER IN DISTRICT SOLELY FOR MITIGATION 35 PURPOSES. Upon written request from a ground water user who is not a member of 36 a district,and regardless of whether such user is an irrigator,a district 37 board of directors shall enter a contract with such nonmember pursuant to 38 which the nonmember shall be allowed to participate fully in, and obtain all 39 benefits of, any mitigation plan, purpose or activity the district currently 40 has in force or is developing, provided that: 41 (1) The board finds that the plan is likely to be effective in mitigating 42 the effects of such nonmember's ground water use, and that including the non- 43 member within the mitigation plan's coverage will not impair the plan's effec- 44 tiveness as to district members; 45 (2) If the district's mitigation plan has been approved by the director, 46 the board shall evaluate the contract request in accordance with any condi- 47 tions of the district's mitigation plan which address equitable participation 48 by ground water users who do not initially participate in such mitigation 49 plan; 50 (3) Before the contract may be effective, the board may collect from the 51 nonmember a payment adequate to compensate the district for the nonmember's 52 proportional share of the costs the district already has incurred in develop- 53 ing and implementing the mitigation plan; 15 1 (4) The board may include in the contract a provision requiring the non- 2 member to pay a reasonable surcharge, either annually or on some other basis, 3 to reimburse the district for such nonmember's proportional share of those 4 past or future costs of operating the district attributable to formulating or 5 implementing the mitigation plan or plans in which the nonmember is partici- 6 pating; 7 (5) The board may require the nonmember to provide security to assure the 8 payment of all assessments and charges related to the contract; 9 (6) Nothing in this section shall be interpreted to limit the district's 10 ability to enter into a contract with nonmembers pursuant to terms and condi- 11 tions acceptable to both parties. 12 SECTION 24. That Section 42-5276, Idaho Code, be, and the same is hereby 13 repealed. 14 SECTION 25. SEVERABILITY. The provisions of this act are hereby declared 15 to be severable and if any provision of this act or the application of such 16 provision to any person or circumstance is declared invalid for any reason, 17 such declaration shall not affect the validity of the remaining portions of 18 this act. 19 SECTION 26. An emergency existing therefor, which emergency is hereby 20 declared to exist, this act shall be in full force and effect on and after its 21 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005Moved by Raybould Seconded by Stevenson IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO H.B. NO. 372 1 AMENDMENT TO SECTION 5 2 On page 5 of the printed bill, in line 27, delete "Any" and insert: 3 "Except as provided in section 42-5276, Idaho Code, any". 4 AMENDMENT TO SECTION 24 5 On page 15, in line 13, delete "repealed." and insert: "amended to read as 6 follows:"; and following line 13 insert: 7 "42-5276. INCLUSION OF IRRIGATION DISTRICTS ORGANIZED UNDER TITLE 43. 8 Where the water supply for lands is ground water provided by an irrigation 9 district established under title 43, Idaho Code, and such lands are included 10 in and subject to assessment by the irrigation district, such lands shall be 11 included in a ground water district organized under the provisions of this 12 chapter only if the board of the irrigation districtserves notice in the same13manner as that provided for nonirrigators in section 42-5214(2) and (3), Idaho14Codefiles a petition for annexation into the district under section 42-5245, 15 Idaho Code.". 16 CORRECTIONS TO TITLE 17 On page 2, in line 10, delete "REPEALING" and insert: "AMENDING"; and on 18 line 11, following "CODE" insert: ", TO PROVIDE THAT CERTAIN IRRIGATION DIS- 19 TRICTS SHALL BE INCLUDED IN GROUND WATER DISTRICTS ONLY UPON FILING OF A PETI- 20 TION FOR ANNEXATION". 2 Moved by Raybould Seconded by Stevenson IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO H.B. NO. 372 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed bill, in line 36, following "Code" insert: ", and 3 provided, that for purposes of this chapter, the term ground water user shall 4 not include any ground water right owned by an Indian tribe or by tribal mem- 5 bers for diversion and use within an Indian reservation, ground water rights 6 owned by the United States or ground water rights owned by the state of 7 Idaho". 8 AMENDMENTS TO SECTION 5 9 On page 5, in line 19, following "DISTRICT" insert: "-- NOTICE AND HEARING 10 FOR MEMBERS INCLUDED IN DISTRICT AFTER MARCH 31, 2005 -- ORDER -- APPEAL AND 11 CONCLUSIVENESS"; in line 20, delete "are" and insert: "areshall be"; in line 12 27, delete ", due to the type of use being"; in line 28, delete "made of water 13 under the user's water right,"; in line 29, delete "on and after such"; delete 14 line 30 and insert: "upon order of the board finding and confirming that 15 inclusion of such ground water user is in the best interests of the district 16 and that such ground water user shall receive benefits from such inclusion as 17 a member. Such order may be made only after the board shall have caused a 18 notice of such hearing to be published in the manner of notices of elections, 19 which notice shall state that all persons interested in or that may be 20 affected by such inclusion as a member shall appear at the time and place 21 named in the notice and show cause in writing why they should not be included 22 as a member. The board, at the time mentioned in said notice shall hear any 23 objections to inclusion. The failure of any person to file with the district 24 office an objection to inclusion as a member prior to the noticed hearing 25 shall be taken as an assent on his part to such inclusion as a member of the 26 district. Any order confirming the inclusion of ground water users as members 27 of the district shall be certified by the board president and secretary and 28 filed for record in the recorder's office of each county within which are sit- 29 uated any lands of the district and notice of the order shall be published in 30 the manner of notices of elections. Any person who properly has filed an 31 objection to inclusion as a member shall have the right to appeal to the dis- 32 trict court of the county in which such person's ground water right is situ- 33 ated, provided such appeal shall be made within thirty (30) days from the date 34 of publication of the order confirming such inclusion. After said thirty (30) 35 day appeal period, no one shall have any cause or right of action to contest 36 the legality, formality or regularity of said order of inclusion for any rea- 37 son whatsoever, and thereafter, said inclusion and the constitution and valid- 38 ity of the district shall be considered valid and incontestable without limi- 39 tation. Any ground water user who previously was not a member of the district 40 as of March 31, 2005, that is included as a member upon order of the board 41 shall be liable for his proportionate share of all costs of the district 42 incurred after such date, including his proportionate share of all bonded, 43 warrant or other indebtedness incurred prior to March 31, 2005.". 44 AMENDMENTS TO SECTION 12 3 1 On page 9, in line 33, following "consideration" insert: ", without limi- 2 tation,"; delete lines 35 through 37 and insert: "other attributes of the3ground water rights appurtenant to the assessed lands, and/or the benefits the4member derives from a mitigation plan or other activity of the districtand 5 whether the member has an individual mitigation plan.". 6 CORRECTIONS TO TITLE 7 On page 1, in line 12, delete "AN EFFECTIVE DATE OF MEMBERSHIP FOR CERTAIN 8 USERS," and insert: "FOR ORDERS OF THE BOARD RELATING TO INCLUSION OF CERTAIN 9 GROUND WATER USERS IN GROUND WATER DISTRICTS, TO PROVIDE FOR NOTICE OF HEAR- 10 ING, TO PROVIDE FOR HEARING, TO PROVIDE FOR OBJECTIONS TO INCLUSION, TO PRO- 11 VIDE FOR THE CERTIFICATION AND FILING OF ORDERS OF INCLUSION, TO PROVIDE FOR 12 CERTAIN APPEALS, TO PROVIDE FOR CONCLUSIVENESS OF ORDERS OF INCLUSION, TO PRO- 13 VIDE THAT CERTAIN GROUND WATER USERS INCLUDED AS MEMBERS UPON ORDER OF THE 14 BOARD SHALL BE LIABLE FOR SPECIFIED COSTS OF THE DISTRICT,"; in line 25, 15 delete "TO REVISE PROVISIONS RELATING TO THE LEVY OF"; in line 26, delete 16 "ASSESSMENTS" and insert: "TO DELETE CERTAIN PROVISIONS RELATING TO ASSESS- 17 MENTS FOR GROUND WATER USERS THAT BECOME MEMBERS OF DISTRICTS FOR MITIGATION 18 PURPOSES AND TO AUTHORIZE GROUND WATER DISTRICT BOARDS TO LEVY ASSESSMENTS 19 THAT ADJUST A MEMBER'S PROPORTIONATE SHARE TO TAKE INTO CONSIDERATION INDIVID- 20 UAL MITIGATION PLANS".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 372, As Amended BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO GROUND WATER DISTRICTS; AMENDING SECTION 42-5201, IDAHO CODE, TO 3 REVISE DEFINITIONS; AMENDING SECTION 42-5207, IDAHO CODE, TO PROVIDE FOR 4 THE INCLUSION OR EXCLUSION OF LANDS OF CERTAIN GROUND WATER USERS IN 5 GROUND WATER DISTRICTS; AMENDING SECTION 42-5210, IDAHO CODE, TO REVISE 6 GROUND WATER DISTRICT VOTER QUALIFICATION PROVISIONS FOR GROUND WATER 7 USERS, TO PROVIDE FOR VOTES OF CITY GOVERNMENTS AND TO PROVIDE A CORRECT 8 CODE REFERENCE; AMENDING SECTION 42-5212, IDAHO CODE, TO PROVIDE A CORRECT 9 CODE REFERENCE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 10 42-5214, IDAHO CODE, TO REVISE PROVISIONS RELATING TO GROUND WATER USERS 11 TO BE CONSIDERED MEMBERS OF GROUND WATER DISTRICTS AND SUBJECT TO CERTAIN 12 ASSESSMENTS, TO PROVIDE FOR ORDERS OF THE BOARD RELATING TO INCLUSION OF 13 CERTAIN GROUND WATER USERS IN GROUND WATER DISTRICTS, TO PROVIDE FOR 14 NOTICE OF HEARING, TO PROVIDE FOR HEARING, TO PROVIDE FOR OBJECTIONS TO 15 INCLUSION, TO PROVIDE FOR THE CERTIFICATION AND FILING OF ORDERS OF INCLU- 16 SION, TO PROVIDE FOR CERTAIN APPEALS, TO PROVIDE FOR CONCLUSIVENESS OF 17 ORDERS OF INCLUSION, TO PROVIDE THAT CERTAIN GROUND WATER USERS INCLUDED 18 AS MEMBERS UPON ORDER OF THE BOARD SHALL BE LIABLE FOR SPECIFIED COSTS OF 19 THE DISTRICT, TO PROVIDE THAT CERTAIN PERSONS WHO BECOME ENTITLED TO 20 APPROPRIATE OR WHO APPROPRIATE GROUND WATER AFTER THE FORMATION OF A 21 GROUND WATER DISTRICT SHALL BE DEEMED INCLUDED IN THE DISTRICT AND SUBJECT 22 TO ASSESSMENTS AS OF A PARTICULAR DATE AND TO PROVIDE A CORRECT CODE REF- 23 ERENCE; AMENDING SECTION 42-5219, IDAHO CODE, TO REDESIGNATE THE SECTION; 24 AMENDING SECTION 42-5220, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING 25 SECTION 42-5221, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 26 42-5222, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING CHAPTER 52, 27 TITLE 42, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 42-5219, IDAHO 28 CODE, TO PROVIDE FOR DIRECTORS AT LARGE; AMENDING SECTION 42-5224, IDAHO 29 CODE, TO AUTHORIZE GROUND WATER DISTRICT BOARDS OF DIRECTORS TO INCUR 30 SPECIFIED INDEBTEDNESS ON BEHALF OF THE DISTRICT AND TO MAKE TECHNICAL 31 CORRECTIONS; AMENDING SECTION 42-5232, IDAHO CODE, TO DELETE CERTAIN PRO- 32 VISIONS RELATING TO ASSESSMENTS FOR GROUND WATER USERS THAT BECOME MEMBERS 33 OF DISTRICTS FOR MITIGATION PURPOSES AND TO AUTHORIZE GROUND WATER DIS- 34 TRICT BOARDS TO LEVY ASSESSMENTS THAT ADJUST A MEMBER'S PROPORTIONATE 35 SHARE TO TAKE INTO CONSIDERATION INDIVIDUAL MITIGATION PLANS; AMENDING 36 SECTION 42-5233, IDAHO CODE, TO PROVIDE THAT THE TERM FOR INDEBTEDNESS 37 RELATING TO THE FUNDING OF MITIGATION PLANS SHALL NOT EXCEED THIRTY YEARS; 38 AMENDING SECTION 42-5242, IDAHO CODE, TO PROVIDE THAT DELINQUENT ASSESS- 39 MENT LISTS SHALL BE DULY ACKNOWLEDGED BY GROUND WATER DISTRICT TREASURERS 40 AND TO PROVIDE REQUIREMENTS FOR THE TREASURER RELATING TO PAYMENTS IN FULL 41 OF DELINQUENT ASSESSMENTS AND PENALTIES; AMENDING SECTION 42-5244, IDAHO 42 CODE, TO PROHIBIT THE PARTICIPATION IN MITIGATION PLANS FOR NONPAYMENT OF 43 CERTAIN MITIGATION COSTS WHEN DUE UNTIL PAID IN FULL, TO REQUIRE GROUND 44 WATER DISTRICTS TO PROVIDE THE DIRECTOR OF THE DEPARTMENT OF WATER 45 RESOURCES WITH A REPORT OF PAST DUE MITIGATION COSTS, TO AUTHORIZE THE 46 DIRECTOR TO REQUIRE GROUND WATER DISTRICTS TO PROVIDE CERTAIN ACCOUNTINGS 2 1 AND TO REQUIRE GROUND WATER DISTRICTS TO INFORM THE DIRECTOR IMMEDIATELY 2 UPON PAYMENT OF PAST DUE MITIGATION COSTS; AMENDING SECTION 42-5245, IDAHO 3 CODE, TO REVISE PROVISIONS RELATING TO THE ANNEXATION OF THE LANDS AND/OR 4 FACILITIES OF CERTAIN USERS OF GROUND WATER INTO GROUND WATER DISTRICTS; 5 AMENDING SECTION 42-5248, IDAHO CODE, TO REVISE PROVISIONS RELATING TO 6 ASSESSMENTS AGAINST ANNEXED LANDS; AMENDING SECTION 42-5251, IDAHO CODE, 7 TO PROVIDE FOR ACTION ON PETITIONS FOR EXCLUSION OF LANDS FROM GROUND 8 WATER DISTRICTS BY DISTRICT BOARDS, TO PROVIDE REQUIREMENTS FOR PETITIONS 9 FOR EXCLUSION OF LANDS AND TO PROVIDE REQUIREMENTS RELATING TO ACTIONS ON 10 PETITIONS FOR EXCLUSION OF LANDS BY DISTRICT BOARDS; AMENDING SECTION 11 42-5252, IDAHO CODE, TO REVISE REQUIREMENTS RELATING TO CONTENTS OF PETI- 12 TIONS FOR EXCLUSION OF LANDS AND/OR FACILITIES FROM GROUND WATER DIS- 13 TRICTS; AMENDING SECTION 42-5253, IDAHO CODE, TO REVISE PROVISIONS AND 14 REQUIREMENTS RELATING TO ORDERS OF EXCLUSION OF LANDS FROM GROUND WATER 15 DISTRICTS; AMENDING SECTION 42-5256, IDAHO CODE, TO PROVIDE FOR FILING OF 16 ANY DECISIONS OR ORDERS IN THE OFFICE OF SPECIFIED COUNTY RECORDERS; 17 AMENDING SECTION 42-5257, IDAHO CODE, TO PROVIDE THAT LAND AND/OR FACILI- 18 TIES FULLY EXCLUDED FROM GROUND WATER DISTRICTS SHALL BE SUBJECT TO CER- 19 TAIN ASSESSMENTS AND OBLIGATIONS; AMENDING SECTION 42-5259, IDAHO CODE, TO 20 DELETE A REFERENCE TO IRRIGATORS; AMENDING SECTION 42-5276, IDAHO CODE, TO 21 PROVIDE THAT CERTAIN IRRIGATION DISTRICTS SHALL BE INCLUDED IN GROUND 22 WATER DISTRICTS ONLY UPON FILING OF A PETITION FOR ANNEXATION; PROVIDING 23 SEVERABILITY; AND DECLARING AN EMERGENCY. 24 Be It Enacted by the Legislature of the State of Idaho: 25 SECTION 1. That Section 42-5201, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 42-5201. SHORT TITLE -- TITLE OF DISTRICTS -- DEFINITIONS. This chapter 28 is known as the "Ground Water District Act"; the districts created hereunder 29 may be termed "ground water districts." When used in this chapter, and unless 30 otherwise specified, the following terms shall be defined as follows: 31 (1) "Board" means the board of directors of a ground water district orga- 32 nized pursuant to this chapter. 33 (2) "Corporation" means a corporation or limited liability company. 34 (3) "County commission" means the board of county commissioners or any 35 other governing board or authority for a county, as provided by law. 36 (4) "Department" means the Idaho department of water resources. 37 (5) "Director" means the director of the department of water resources. 38 (6) "District" means a ground water district established, or to be estab- 39 lished, pursuant to this chapter. 40 (7) "Ground water" when used in this chapter means water under the sur- 41 face of the ground whatever may be the geologic structure in which it is 42 standing or moving, as provided in section 42-230(a), Idaho Code. 43 (8) "Ground water user" means the legal or beneficial owner of a ground 44 water right, or the user of a ground water right pursuant to lease or contract 45 of a ground water right to divert ground water of the state for a beneficial 46 use or purpose, except for those diverting under rights used solely for domes- 47 tic or stock use as defined by sections 42-111 and 42-1401A, Idaho Code, and 48 provided, that for purposes of this chapter, the term ground water user shall 49 not include any ground water right owned by an Indian tribe or by tribal mem- 50 bers for diversion and use within an Indian reservation, ground water rights 51 owned by the United States or ground water rights owned by the state of Idaho. 52 A ground water user is within the boundary of a ground water district if the 3 1 well or other point of diversion used by that ground water user is within the 2 boundary. A husband and wife together diverting ground water pursuant to right 3 shall constitute one (1) ground water user.Ground water user includes both a4ground water irrigator and a nonirrigator as defined in this chapter.5 (9)"Ground water irrigator" means a ground water user holding a ground6water right for irrigation purposes within a ground water district.7(10)"Land" or "lands," when used in the context of the property of a 8 ground water user subject to district assessment under this chapter, means the 9 real property where ground water is diverted or placed to beneficial use, 10 including the facilities in or through which a ground water user makes benefi- 11 cial use of ground waters. 12(11) "Nonirrigator" means a ground water user holding a ground water right13for commercial, municipal, or industrial purposes within a ground water dis-14trict. A ground water user will be deemed a nonirrigator for purposes of this15chapter even though: (a) some component of the user's ground water use is for16irrigation; or (b) the user holds a ground water right for irrigation that is17incidental to, or normally associated with, the user's commercial, municipal18or industrial purpose.19 (120) "Member" means a ground water user whose lands, facilities and/or 20 water rights are included in and subject to a ground water district and its 21 policies. 22 (131) "Mitigation plan" means a plan to prevent or compensate for material 23 injury to holders of senior water rights caused by the diversion and use of 24 water by the holders of junior priority ground water rights who are partici- 25 pants in the mitigation plan. 26 (142) "Person" means an individual, partnership, trust, estate, associa- 27 tion, corporation, municipal corporation, the state of Idaho and any of its 28 agencies, the United States, an Indian tribe, a public corporation, or any 29 other public or private entity. 30 (153) "Public corporation" means counties, city and counties, cities, 31 school districts, municipal water districts, irrigation districts, recharge 32 districts, water districts, park districts, subdistricts, and all other gov- 33 ernmental agencies of this state, having the power of levying or providing for 34 the levy of general or special taxes or special assessments, and any political 35 subdivision of another state of the United States. 36 (164) "Water right" means the legal right to divert and beneficially use 37 the public waters of the state of Idaho where such right is evidenced by a 38 decree, a permit or a license issued by the department, a beneficial or con- 39 stitutional use right evidenced by an adjudication claim or claim based on 40 section 42-243, Idaho Code, or a right based on federal law. 41 SECTION 2. That Section 42-5207, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 42-5207. ORGANIZATION HEARING BEFORE COUNTY COMMISSION -- ORDER OF COUNTY 44 COMMISSION. (1) After receiving the report of the department of water 45 resources, the county commission shall conduct a hearing on the petition. If 46 the county commission determines that the requisite number of signatures were 47 not gathered on the petition, the board shall adjourn the hearings for two (2) 48 weeks for the purpose of enabling the petitioners to gather additional signa- 49 tures. The petitioners may amend the boundaries of the proposed district at 50 the hearing to include or exclude lands of those ground waterirrigatorsusers 51 who provide written notice or who appear at the hearing requesting that their 52 lands be either included or excluded, to meet the recommendations of the 53 department, or as they may find advisable to achieve suitable district bound- 4 1 aries. The county commission shall accept any additional nominations of per- 2 sons to be directors at the hearing or the nominations may be filed with the 3 county clerk. The nominations must be signed by at least six (6) ground water 4 users from the proposed district. 5 (2) When the county commission has determined to proceed with the peti- 6 tion, it may adjourn the hearing from time to time, not exceeding four (4) 7 weeks in all, and on final hearing, the county commission: 8 (a) May make such other changes in the proposed boundaries of the dis- 9 trict and divisions within the district as it may find proper; and 10 (b) Shall make an order on its records describing the area which it shall 11 have determined to include in the district, and stating that lands of 12 ground water users within such area will be organized into a ground water 13 district if the vote of the electors accepts organization of the district. 14 (3) The county commission shall notify the department of the final action 15 by mailing or faxing a copy of the order to the department within seven (7) 16 days of the board's decision. If the boundaries of the proposed ground water 17 district differ from the boundaries contained in the department's original 18 report, the department shall prepare a revised list of the ground water users 19 within such proposed district by name, address, ground water right number, 20 point of diversion, and cubic feet per second per ground water right and 21 return it to the county commission. 22 SECTION 3. That Section 42-5210, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 42-5210. QUALIFICATIONS OF VOTERS FOR DISTRICT ELECTIONS. (1) Any ground 25 waterirrigator, and any nonirrigator who is a member for all purposes,user 26 within the proposed district shall be entitled to vote at any election held 27 under the provisions of this chapter. The production of documentation of a 28 water right as described in section 42-5201(164), Idaho Code, shall be suffi- 29 cient evidence of ground water use for purposes of acting as an elector under 30 this chapter. A representative of a ground water user shall be so designated 31 by written proxy signed by the ground water user except that the vote of a 32 state, city or county government may be cast by an elected or appointed offi- 33 cial of the agency, or his designee. A corporation or partnership shall vote 34 or otherwise act by a single individual who is authorized by the corporation 35 or partnership to act on its behalf. A corporation or partnership must fur- 36 nish the election officials a written designation stating the name of the 37 individual who is authorized to vote and otherwise act for the corporation or 38 partnership. 39 (2)Any ground water user who becomes a member of a district solely for40mitigation purposes:41(a) Shall be entitled to vote only in those district elections concerning42whether to incur indebtedness as specified in section 42-5234, Idaho Code;43and44(b) Shall be ineligible to nominate directors or officers of the dis-45trict, to serve in such capacities, or otherwise to participate in the46governance of the district.47(3) A nonirrigator may participate in the election to determine whether a48district will be formed only according to the following provisions:49(a) The nonirrigator shall notify the judges of election in writing at50least ten (10) working days prior to the date of the election that such51person supports the formation of the district, elects to become either a52member for all purposes, or a member only for mitigation purposes as53described in section 42-5214, Idaho Code, should it be formed, and, by5 1such notice, casts its vote(s) in favor of formation.2(b) The notification shall contain a legal description of the land3through which the nonirrigator places ground waters to beneficial use, a4statement of the amount of such person's ground water right in cubic feet5per second of diversions, and a copy of the ground water right documenta-6tion described in section 42-5201(16), Idaho Code.7(c) Once the judges of election have accepted the notification described8in subsection (3)(b) of this section, they shall duly record the9nonirrigator's vote(s) in favor of district formation in the canvassing of10votes carried out pursuant to section 42-5213, Idaho Code.11(d) If the voting results in the formation of the district, the12nonirrigator who provided such notification thereafter shall be a full13member or member for mitigation purposes of such district, whichever the14case may be, and shall have all obligations, rights, and limitations15attaching thereto.16(4)Each ground water user shall have one (1) vote for each cubic foot 17 per second, or proportion thereof (rounded to the nearest tenth of a cubic 18 foot per second), for which such ground water user holds a ground water right 19 whose point of diversion is within the proposed district boundaries. 20 SECTION 4. That Section 42-5212, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 42-5212. REGISTRATION NOT REQUIRED. No registration shall be required in 23 any ground water district election, but in lieu thereof the judges of election 24 shall require every elector to subscribe to an elector's oath as prerequisite 25 to casting his vote, and such oath shall be the usual elector's oath with the 26 following words added thereto, "I am a resident of .......... county, and I am 27 a ground water user within the ....... (proposed) ground water district, or I 28 am a representative of a ground water user within the ....... (proposed) 29 ground water district" and present evidence of such ground water use pursuant 30 to section 42-5201(164), Idaho Code, if they do not appear on the department's 31 list as provided in section 42-5206, Idaho Code. 32 SECTION 5. That Section 42-5214, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 42-5214. GROUND WATER USERS INCLUDED WITHIN THE DISTRICT -- NOTICE AND 35 HEARING FOR MEMBERS INCLUDED IN DISTRICT AFTER MARCH 31, 2005 -- ORDER -- 36 APPEAL AND CONCLUSIVENESS. (1) All ground waterirrigatorsusers within the 37 boundaries of the districtareshall be members of the district and subject to 38 assessments, rights and responsibilities established by the district as set 39 forth in this chapter, notwithstanding any change in the ownership or control 40 of the property of the water user, whether by way of transfer, exchange, con- 41 veyance, assignment, lease, or otherwise, to which the water right or rights 42 used to determine assessments are appurtenant, unless excluded from the dis- 43 trict pursuant to sections 42-5251 through 42-5257, Idaho Code. Except as pro- 44 vided in section 42-5276, Idaho Code, any ground water user who previously was 45 not a member as of March 31, 2005, shall be included as a member effective 46 upon order of the board finding and confirming that inclusion of such ground 47 water user is in the best interests of the district and that such ground water 48 user shall receive benefits from such inclusion as a member. Such order may be 49 made only after the board shall have caused a notice of such hearing to be 50 published in the manner of notices of elections, which notice shall state that 51 all persons interested in or that may be affected by such inclusion as a mem- 6 1 ber shall appear at the time and place named in the notice and show cause in 2 writing why they should not be included as a member. The board, at the time 3 mentioned in said notice shall hear any objections to inclusion. The failure 4 of any person to file with the district office an objection to inclusion as a 5 member prior to the noticed hearing shall be taken as an assent on his part to 6 such inclusion as a member of the district. Any order confirming the inclusion 7 of ground water users as members of the district shall be certified by the 8 board president and secretary and filed for record in the recorder's office of 9 each county within which are situated any lands of the district and notice of 10 the order shall be published in the manner of notices of elections. Any person 11 who properly has filed an objection to inclusion as a member shall have the 12 right to appeal to the district court of the county in which such person's 13 ground water right is situated, provided such appeal shall be made within 14 thirty (30) days from the date of publication of the order confirming such 15 inclusion. After said thirty (30) day appeal period, no one shall have any 16 cause or right of action to contest the legality, formality or regularity of 17 said order of inclusion for any reason whatsoever, and thereafter, said inclu- 18 sion and the constitution and validity of the district shall be considered 19 valid and incontestable without limitation. Any ground water user who previ- 20 ously was not a member of the district as of March 31, 2005, that is included 21 as a member upon order of the board shall be liable for his proportionate 22 share of all costs of the district incurred after such date, including his 23 proportionate share of all bonded, warrant or other indebtedness incurred 24 prior to March 31, 2005. 25 (2)All nonirrigators within the boundaries of the district who voted26according to notice as provided in section 42-5210(3), Idaho Code, are members27of the district as specified in such notice.28(3) A nonirrigator also may become a member of a district by providing,29within sixty (60) days after the date on which the district is formed, written30notice to the district board that the nonirrigator wishes to join the district31either as a member for all purposes or as a member for mitigation purposes32only. Upon providing such notice, the nonirrigator shall be either a member33for all purposes or a member for mitigation purposes only, as specified in the34notice, and shall be subject to assessment accordingly as provided in this35chapter. After such sixty (60) day period, a nonirrigator may become a member36of a district only through the annexation procedure described in sections3742-5245 through 42-5249, Idaho Code.38(4) Except as provided for municipal, commercial, industrial, federal and39tribal ground water users in subsection (1) of this section, aAny person whose 40 permit, license, or other entitlement to appropriate ground water was acquired 41 after the formation of the district, or who appropriates ground water for uses 42 not requiring a permit after the formation of the district, but qualifies as a 43 ground water user under subsection (108) of section 42-5201, Idaho Code, 44 within the area of the district in all other respects, shall be deemed 45 included within and subject to assessment by the district, if benefitted46either directly or indirectly by the districtas of the date the permit, 47 license, or entitlement is acquired. 48 SECTION 6. That Section 42-5219, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 42-52198A. WHEN ELECTION NOT REQUIRED. In any election for directors if, 51 after the expiration of the date for filing written nominations for the office 52 of director, it appears that only one (1) qualified candidate has been nomi- 53 nated thereby for each position to be filled, it shall not be necessary to 7 1 hold an election, and the board of directors shall, within five (5) days after 2 expiration of the date for filing written nominations, declare such candidate 3 elected as director. The procedure set forth in this section shall not apply 4 to any other district election. 5 SECTION 7. That Section 42-5220, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 42-522018B. NOTICE OF ELECTION. The secretary of the district shall give 8 notice of all elections in the district by posting the same in five (5) public 9 places in each county in which a part of the district is situated and in the 10 office of the board of directors at least four (4) weeks before the day of 11 such election, or by publication of the notice once a week for four (4) suc- 12 cessive weeks in a newspaper or newspapers published in each of said counties 13 or in a newspaper of general circulation therein. Notices shall state the time 14 of the election and the location of polling places within the district and the 15 directors to be elected or other question to be voted upon, as the case may 16 be. 17 SECTION 8. That Section 42-5221, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 42-52218C. CONDUCT OF ELECTIONS. The election shall be conducted as 20 nearly as practicable in accordance with the general laws of the state; pro- 21 vided that no particular form of ballot shall be required and the provisions 22 of the election laws as to the form and distribution of ballots shall not 23 apply and each ballot must indicate the number of cubic feet per second asso- 24 ciated with the ballot cast. The board of directors shall designate polling 25 places in such number as it may deem necessary. At least ten (10) days before 26 the holding of any election, the board shall appoint three (3) electors to 27 serve as judges of election at each polling place. The judges shall perform 28 the same duties as near as may be, as judges of election under the general 29 laws of the state. Immediately after the election, the judges of election 30 shall forward the official results to the secretary of the district. 31 SECTION 9. That Section 42-5222, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 42-522218D. CANVASS OF RETURNS -- DECLARATION OF WINNERS. On the first 34 Monday after each election, or at a time designated by the board of directors, 35 the board shall meet at its usual place of meeting and proceed to canvass the 36 returns. By order entered on its minutes, the board shall declare elected the 37 person or persons having the highest number of votes for each office. 38 SECTION 10. That Chapter 52, Title 42, Idaho Code, be, and the same is 39 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 40 ignated as Section 42-5219, Idaho Code, and to read as follows: 41 42-5219. DIRECTORS AT LARGE. In the event a district is divided into six 42 (6) or fewer divisions, the district is authorized to elect one (1) to two (2) 43 directors at large. Directors at large shall be elected at the annual meeting 44 of the district by a two-thirds (2/3) majority of the members present at the 45 meeting. Every director at large elected pursuant to the provisions of this 46 section shall be a ground water user in the district. Directors at large shall 47 hold office for a term of two (2) years, or until their successors are elected 8 1 and qualified. Provided however, that in no event shall a district have more 2 than a total of seven (7) directors serving at any time whether elected pursu- 3 ant to the provisions of section 42-5218, Idaho Code, or pursuant to this sec- 4 tion. 5 SECTION 11. That Section 42-5224, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 42-5224. POWERS AND DUTIES OF BOARD OF DIRECTORS. The board shall, in 8 addition to any other powers and duties provided in this chapter, and provided 9 that nothing in this chapter shall abrogate or impair the right of any person 10 to take any action necessary to acquire, protect, challenge or defend any 11 water right, have the following powers and duties: 12 (1) To acquire, and/or construct, operate, control or use by appropria- 13 tion, grant, purchase, bequest, devise, contract or lease works or facilities, 14 water rights, water permits or licenses, well-drilling permits, wells, pipe- 15 lines, ditches and any other real and personal property (including easements 16 and rights-of-way) or contract entitlement within or without the district nec- 17 essary or convenient to fully exercise its powers; 18 (2) To sell, lease, encumber, alienate, or otherwise dispose of works or 19 facilities, water, water rights, wells, pipelines, ditches, reservoirs, 20 recharge facilities, and any other real and personal property owned by the 21 district within or without its boundaries, and to incur indebtedness on behalf 22 of the district as specified in this chapter; 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 44 or meeting, given written notice to the board and to the water district that 45 such district member intends to vote on his own behalf, or on behalf of any 46 district member who attends such meeting or proceeding and intends to vote on 47 his own behalf. The board shall provide a verified list of the water rights 48 that it represents at any water district proceeding or meeting to the chairman 49 of the water district proceeding or meeting.; 50 (8) To appropriate, develop, store, and transport water within the state; 51 (9) To acquire stock in canal companies, water companies, and water 52 users' associations; 53 (10) To invest any surplus money in the district treasury pursuant to the 9 1 public depository law as contained in chapter 1, title 57, Idaho Code; 2 (11) To develop, maintain, operate and implement mitigation plans designed 3 to mitigate any material injury caused by ground water use within the district 4 upon senior water uses within and/or without the district; 5 (12) To finance the repair or abandonment of wells in the ground water 6 district which have experienced or are experiencing declines in water level or 7 water pressures because of reasons including, but not limited to, flow, leak- 8 age, and waste from improper construction, maintenance, and operation of 9 wells; 10 (13) To have and exercise the power of eminent domain in the manner pro- 11 vided by law for the condemnation of private property for easements, rights- 12 of-way, and other rights of access to property necessary to the exercise of 13 the mitigation powers herein granted, both within and without the district; 14 (14) To sue and be sued, and be a party to suits, actions and proceedings; 15 (15) To enter into joint powers agreements and/or memoranda of understand- 16 ing with other districts, governmental or quasi-public entities; 17 (16) To develop and acquire water rights for, and operate, aquifer storage 18 or recharge projects; 19 (17) To monitor, measure, study, and implement programs in the interests 20 of the district's members regarding the protection of ground water diversions, 21 depth of water in wells, aquifer water levels and characteristics; 22 (18) To adopt and amend bylaws not in conflict with the constitution and 23 laws of the state for carrying on the business, objects and affairs of the 24 board and of the district and to establish a fiscal year; 25 (19) To enter upon land to make surveys, locate district property, works, 26 or facilities, and to otherwise conduct the affairs of the district; 27 (20) To make, record and report annually to the director sufficient mea- 28 surements of diversions and water levels of district members to allow the dis- 29 trict to be excluded from any water measurements district created pursuant to 30 sections 42-705 through 42-715, Idaho Code.; 31 (21) To manage and conduct the affairs of the district and to have and 32 exercise all rights and powers necessary or incidental to or implied from the 33 specific powers granted herein. Such specific powers shall not be considered 34 as a limitation upon any power necessary or appropriate to carry out the pur- 35 poses and intent of thisactchapter. 36 SECTION 12. That Section 42-5232, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 42-5232. LEVY OF ASSESSMENTS. (1) The secretary of the board shall be the 39 assessor of the district, and on or before August 1 of each year shall prepare 40 an assessment book containing a full and accurate list of all lands within the 41 district that are subject to assessment under this chapter. 42 (2) At a regular meeting of the board between August 1 and November 1 of 43 each year, the board of directors shall determine the amount necessary to be 44 raised for payment of the annual payment on any and all indebtedness of the 45 district for the following year. Money received in payment of such assess- 46 ments shall be deposited in a separate fund to be known as the debt retirement 47 fund. 48 (3) The board shall, in addition, determine the assessments necessary to 49 pay, without limitation, the expenses of developing, operating or maintaining 50 any mitigation plan established by the district and the cost of contracts with 51 any person for mitigation plans, or evaluation of proposed contracts. Money 52 received in payment of such assessments shall be deposited in a separate fund 53 to be known as the mitigation expense fund. 10 1 (4) The board shall, in addition, determine the assessments necessary to 2 pay maintenance and operation of the district not related to mitigation plans 3 or purposes. These operation and maintenance duties include making the assess- 4 ment book, giving notice of assessments and making collections thereof, and 5 other duties, programs or projects of the district to the extent such duties, 6 programs or projects are not attributable to mitigation plans or purposes. 7 Money received in payment of such assessments shall be deposited in a separate 8 fund of the district to be known as the operating expense fund. 9 (5)Any ground water user who becomes a member of a district for mitiga-10tion purposes shall be subject to no assessment beyond his proportional share11of the costs, including administrative costs and other reasonable expenses, of12any mitigation plan or actions or activities in furtherance of the district's13mitigation plans or purposes.14(6)No assessment made pursuant to this chapter shall be a lien against 15 any municipal property. 16 (76) Except as otherwise provided in this chapter, each member shall pay 17 a proportionate share of the total of all amounts to be assessed for the pur- 18 poses aforementioned, which share shall be based on the ratio which the quan- 19 tity of water the water user is authorized to appropriate under the member's 20 ground water right(s) bears to the total quantity of water authorized for 21 appropriation under the ground water rights of all water users in the dis- 22 trict, provided, that the board shall be entitled to levy assessments that 23 adjust a member's proportionate share to take into consideration, without lim- 24 itation, priority dates, consumptive use under the members' respective ground 25 water rights,other attributes of the ground water rights appurtenant to the26assessed lands, and/or the benefits the member derives from a mitigation plan27or other activity of the districtand whether the member has an individual 28 mitigation plan. 29 SECTION 13. That Section 42-5233, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 42-5233. POWER TO INCUR INDEBTEDNESS -- ASSESSMENTS TO SECURE REPAYMENT 32 -- WARRANTS. (1) In order to secure funds for the mitigation plan or plans for 33 the district, the board of directors may, by resolution duly adopted and 34 entered upon the minutes, incur indebtedness by contract with a money lending 35 institution; provided however, that the term of such indebtedness shall not 36 exceedtenthirty (130) years. To secure the repayment of any indebtedness so 37 incurred, the board shall levy assessments over the term of the indebtedness 38 in amounts sufficient to repay the interest and principal as it falls due. 39 Such assessments shall be levied in the manner and shall be subject to the 40 limitations set forth in section 42-5232, Idaho Code, and may be levied only 41 if the indebtedness has been approved at an election pursuant to sections 42 42-5234 through 42-5238, Idaho Code. 43 (2) Notwithstanding the provisions of subsection (1) of this section, the 44 board of directors may, before the collection of the first assessment, incur 45 indebtedness for the purpose of organization, or for any of the purposes of 46 this chapter, and cause warrants of the district to issue therefor, provided 47 that the total dollar amount of the warrants authorized to be issued shall not 48 exceed one dollar ($1.00) for each two-hundredths (.02) of a cubic foot per 49 second of ground water authorized to be diverted and used upon lands or facil- 50 ities located within the district. Following the collection of the first 51 assessment, the board of directors may at any time issue warrants of the dis- 52 trict for the purpose of paying claims of indebtedness against the district, 53 including salaries of officers and employees, not to exceed the district's 11 1 anticipated revenue. 2 (3) The warrants herein authorized shall be in form and substance the 3 same as county warrants or as nearly the same as may be practicable and shall 4 be signed by the chairman and attested by the secretary of said board. All 5 such warrants shall be presented by the holder thereof to the treasurer of the 6 district for payment who shall endorse thereon the day of presentation for 7 payment with the additional endorsement thereon, in case of nonpayment, that 8 they are not paid for want of funds, and such warrants shall draw interest at 9 a rate to be established by the board of directors from the date of their pre- 10 sentation to the treasurer for payment as aforesaid until such warrants are 11 paid. No warrants shall be issued in payment of any indebtedness of such dis- 12 trict for less than face or par value. It shall be the duty of the treasurer 13 from time to time when sufficient funds are available for that purpose to 14 advertise in a newspaper in the county in which the district is situated 15 requiring the presentation to the treasurer for payment of as many of the out- 16 standing warrants as are able to be paid. Ten (10) days after the first publi- 17 cation of said notice by the treasurer calling in any of said outstanding war- 18 rants, said warrants shall cease to bear interest, which shall be stated in 19 the notice. Said notice shall be published two (2) weeks consecutively and 20 said warrants shall be called in and paid in the order of their endorsement. 21 SECTION 14. That Section 42-5242, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 42-5242. ENTRY OF DELINQUENT ASSESSMENTS -- FILING OF DELINQUENCY LIST. 24 (1) On or before the 15th day of January of each year the treasurer shall 25 enter the amount of all delinquent assessments upon the assessment book, which 26 entry shall be considered to be dated as of the first day of January. Such 27 entry shall have the force and effect of a sale to the treasurer of the dis- 28 trict as grantee in trust for the district of all property to which a lien has 29 attached as a result of such unpaid assessments. 30 (2) The treasurer shall compile a list of such delinquency entries which 31 shall contain the names of the persons or entities to whom the assessments 32 were directed and the amount of such delinquent assessments together with the 33 amount of the penalties to be added thereto. A certified copy of the delin- 34 quency list, duly acknowledged by the treasurer, shall be filed with the 35 county recorder of each county in which the properties affected by such delin- 36 quent assessments are located, and the treasurer shall then provide by certi- 37 fied mail a notice of delinquency to each ground water user having a delin- 38 quent assessment. 39 (3) Upon the payment in full of any delinquent assessment and penalty 40 that was entered on a recorded delinquency list, the treasurer shall file with 41 the county recorder of each county in which the list of delinquent assessments 42 was recorded an acknowledged notice that the delinquent assessment and any 43 penalty owed has been paid in full. The treasurer shall file any notices of 44 payment of delinquent assessments with the county recorders, as required, on 45 at least a monthly basis. 46 SECTION 15. That Section 42-5244, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 42-5244. PROHIBITION AGAINST PARTICIPATION IN MITIGATION PLAN WHEN SUB- 49 JECT TO DELINQUENT ASSESSMENT OR FOR NONPAYMENT OF OTHER MITIGATION COSTS. A 50 ground water user who is delinquent in the payment of any assessment against 51 his water use under this chapter, or who has failed to pay other mitigation 12 1 costs owed to the district when due, is prohibited from being a participant in 2 any mitigation plan until such delinquent assessment, or other past due amount 3 owed for mitigation costs, is paid in full. The district shall provide the 4 director a report of such delinquent assessments, or other past due mitigation 5 costs, at the first of each month for purposes of enforcement. Prior to under- 6 taking enforcement, the director may require from the district an accounting 7 of the basis for the assessment and other mitigation costs and the apportion- 8 ment of those assessments and costs among district members. The district shall 9 inform the director immediately upon the payment of any such delinquent 10 assessment, or other past due mitigation costs. This section shall be 11 enforced by the watermaster within water districts established under chapter 6 12 of this title, and by the director pursuant to sections 42-351 and 42-1701B, 13 Idaho Code, in areas outside of such water district. 14 SECTION 16. That Section 42-5245, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 42-5245. PETITION FOR ANNEXATION OF LAND. Any ground water user, as 17 defined in section 42-5201(8), Idaho Code, as well as any user of ground water 18 for domestic or stock use as defined by sections 42-111 and 42-1401A, Idaho 19 Code, may file with the board a petition in writing praying that the land 20 and/or facilities listed under the ground water user's ground water right(s) 21 may be annexed into the district. The petition shall contain a legal descrip- 22 tion of the lands and any other information the district may require, and the 23 petitioner shall state under oath that petitioner holds the title to said 24 lands.If the ground water user is a nonirrigator, the petition shall state if25the ground water user is seeking to join the district solely to participate in26the district's mitigation plan or other mitigation activities.27 SECTION 17. That Section 42-5248, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 42-5248. ASSESSMENTS AGAINST ANNEXED LANDS.(1)The board of directors 30 may require, as a condition to the granting of an annexation petition, that 31 the petitioners shall severally pay to the district such respective sums, as 32 nearly as the same can be estimated, as said petitioners, or their grantors, 33 would have been required to pay such district, had such lands been included in 34 such district at the time it was originally formed, together with a propor- 35 tionate share of the expenses of the district accrued since formation. 36(2) If the petition seeks only to participate in a district mitigation37plan, the board may require a proportionate sum of the mitigation expenses38accrued since the district was originally formed to be paid as a condition to39the granting of an annexation petition.40 SECTION 18. That Section 42-5251, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 42-5251. PETITION FOR EXCLUSION OF LANDS --LANDS MAY REMAIN IN THE DIS-43TRICT FOR MITIGATION PURPOSESACTION ON PETITION BY DISTRICT BOARD. Any dis- 44 trict member may file with the district board a petition requesting that the 45 member's lands be excluded from the district.The petition may request that46the lands either be excluded for all purposes or be excluded for all purposes47except mitigation.The petition shall be signed by each petitioner,but need48not be acknowledgedand shall state that continued inclusion of the lands in 49 the district is inappropriate or unwarranted: 13 1 (1) Because the diversions of ground water under the ground water users 2 water right have no depletive effect on any water source, either individually 3 or cumulatively when considered in conjunction with other similar diversions; 4 (2) Because the only ground water use associated with the lands sought to 5 be excluded by the petition is a domestic or stock water use as defined by 6 sections 42-111 and 42-1401A, Idaho Code; 7 (3) Because the exclusion of the lands will not impair the district's 8 ability to repay debt or carry out mitigation plans; 9 (4) Because the exclusion is in the best interests of the district and 10 its members; or 11 (5) For other compelling reasons. 12 The board shall consider the petition and, based on findings concerning such 13 factors, the board shall grant or deny the petition within ninety (90) days of 14 the date it is filed, unless the board, in its sole discretion, grants a hear- 15 ing on the petition within such time period, in which case the board shall 16 issue a final decision within sixty (60) days after the conclusion of the 17 hearing. All costs incurred by the district in carrying out the exclusion pro- 18 ceeding shall be assessed as provided in section 42-5253, Idaho Code. A per- 19 son purchasing land under a written contract shall be deemed to be the owner 20 of that land for purposes of this section. 21 SECTION 19. That Section 42-5252, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 42-5252. CONTENTS OF PETITION -- REPRESENTATIONS, CERTIFICATION AND LIA- 24 BILITY -- WAIVER OF BENEFITS UPON EXCLUSION. (1) A petition for exclusion 25 shall set forth or include the following: 26 (a) A description of the land and/or facilities of petitioner for which 27 exclusion is requested, together with such evidence of ownership of the 28 land and/or facilities as is satisfactory to the district board; 29 (b) A representation that no mortgagee or other person holds a lien of 30 record in the county where the land for which exclusion is requested is 31 located, for which the lienholder's consent to the exclusion is required 32 or that, if such consent is required, the consent has been granted by the 33 lienholder; 34 (c)If the member seeks exclusion for all purposes, aAn explicit written 35 waiver and relinquishment, on a form provided by the board or otherwise, 36 of all right to rely upon or be covered by any program, plan, activity or 37 benefits of any kind provided by or through the district; 38 (d)If the member seeks to be excluded from the district for all purposes39except mitigation, an explicit written waiver and relinquishment stating40that the member recognizes and agrees that:41(i) The member no longer will be entitled to vote or participate in42the governance of the district, to nominate directors, or to serve as43a director of the district except as specified in this chapter;44(ii) The member will remain subject to all assessments pertaining to45the district's mitigation program(s) or plans;46(iii) The member will be entitled to receive no benefits of any kind47from the district except those pertaining to mitigation purposes.48(e) Regardless of whether the exclusion will be for all purposes or for49all except mitigation purposes, aAn explicit written statement, on a form 50 provided by the board or otherwise, that the member recognizes and agrees 51 that he will remain liable to the district, and subject to assessment, for 52 any financial indebtedness the member may have to the district for indebt- 53 edness incurred before exclusion occurs. 14 1 (2) The district board shall return to the petitioner any petition not 2 accompanied by the information required in subsection (1) of this section, and 3 no further action shall be required of the board with respect to such peti- 4 tion. The petitioner shall be liable for any expenses or damages to lienhold- 5 ers or to other landowners or to the district resulting directly or indirectly 6 from wrongful exclusion of lands by reason of untrue or incorrect statements 7 in the petition. 8 (3) The petition for exclusion shall be signed by the member and be 9 acknowledged in front of a notary public in the same manner as for deeds of 10 land. 11 SECTION 20. That Section 42-5253, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 42-5253. ORDER OF EXCLUSION. (1)Upon receipt of a properly completed14petition for exclusion,In the event the district's board of directors grants 15 a petition for exclusion, the board shall, by resolution,shallmake an order 16 forthwith excluding the lands described in the petitioneitherfor all pur- 17 poses.or for only those purposes not related to mitigation. No hearing is18required prior to granting a petition for exclusion.19 (2) At a minimum, the order of exclusion shall specify that: 20 (a) Lands excludedfor all purposesshall not be a part of or be entitled 21 to receive any benefits from the district; 22 (b)Lands excluded only for purposes not related to mitigation, shall23continue to be part of the district for mitigation purposes only and shall24be assessed for these purposes as provided under this chapter;25(c)Any excluded lands are subject to the requirements of section 26 42-5257, Idaho Code. 27 (dc) When the petition is filed on or before December 1 in any calendar 28 year, any assessment, other than those specified in section 42-5257, Idaho 29 Code, against the land for any calendar year subsequent to the year in 30 which the petition was filed shall not be valid and no lien for any such 31 attempted assessment shall attach under section 42-5240, Idaho Code. 32 SECTION 21. That Section 42-5256, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 42-5256. CHANGES TO BE FILED FOR RECORD.TheAny decision and order of 35 the board of directors or the district court, in case of appeal, excluding the 36 petitioner's land and changing the boundaries of such ground water district 37 shall be filed for record in the recorder's office of the county or counties 38 within which are situated the lands of such ground water district. 39 SECTION 22. That Section 42-5257, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 42-5257. EXCLUSION -- EFFECT -- OBLIGATIONS OUTSTANDING -- ENFORCEMENT -- 42 PAYMENT -- CERTIFICATE. (1) Except as otherwise provided in this chapter, land 43 and/or facilities excluded from any ground water district shall not thereafter 44 be entitled to any of the rights and benefits of the district and shall be 45 deemed to have fully relinquished all such rights and benefits. 46 (2) Land and/or facilities fully excluded from a districtand those47excluded only from nonmitigation purposesshall be subject to assessment and 48 be otherwise chargeable for the payment and discharge of all obligations out- 49 standing at the time of the entry of the exclusion order as fully as though 15 1 the land had not been excluded. Such obligations shall include, but are not 2 limited to, their proportionate share of any of the district's existing 3 indebtedness that was incurred for a project or activity that: (a) provided a 4 benefit to such lands prior to the exclusion and for which benefit the 5 excluded lands remain indebted; or (b) continues to benefit such lands even 6 after the exclusion. Where either of these circumstances exists, excluded 7 lands shall remain a part of the district for the purpose of discharging such 8 existing contract indebtedness, and otherwise shall be obligated to pay all 9 regular and special assessments to retire such debt as if they had not been 10 excluded. The district's board of directors may allow any debt or obligation 11 against any excluded land and/or facility to be paid in installments or in any 12 other manner the board deems equitable. 13 (3) All provisions which could be used to compel the payment by excluded 14 land of its portion of the outstanding obligations had the exclusion not 15 occurred, may be used to compel the payment on the part of the land of the 16 portion of the outstanding obligations of the district for which it is liable. 17 (4) When any member obtaining the exclusion of land from a ground water 18 district has paid to the district all of the debts and obligations of the dis- 19 trict assessable, chargeable or allocable to the land and/or facility 20 excluded, the district may issue its certificate of full payment executed by 21 the president and secretary of the district, and acknowledged so that the cer- 22 tificate may be recorded in the records of the county wherein the land is sit- 23 uate. 24 SECTION 23. That Section 42-5259, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 42-5259. PARTICIPATION BY NONMEMBER IN DISTRICT SOLELY FOR MITIGATION 27 PURPOSES. Upon written request from a ground water user who is not a member of 28 a district,and regardless of whether such user is an irrigator,a district 29 board of directors shall enter a contract with such nonmember pursuant to 30 which the nonmember shall be allowed to participate fully in, and obtain all 31 benefits of, any mitigation plan, purpose or activity the district currently 32 has in force or is developing, provided that: 33 (1) The board finds that the plan is likely to be effective in mitigating 34 the effects of such nonmember's ground water use, and that including the non- 35 member within the mitigation plan's coverage will not impair the plan's effec- 36 tiveness as to district members; 37 (2) If the district's mitigation plan has been approved by the director, 38 the board shall evaluate the contract request in accordance with any condi- 39 tions of the district's mitigation plan which address equitable participation 40 by ground water users who do not initially participate in such mitigation 41 plan; 42 (3) Before the contract may be effective, the board may collect from the 43 nonmember a payment adequate to compensate the district for the nonmember's 44 proportional share of the costs the district already has incurred in develop- 45 ing and implementing the mitigation plan; 46 (4) The board may include in the contract a provision requiring the non- 47 member to pay a reasonable surcharge, either annually or on some other basis, 48 to reimburse the district for such nonmember's proportional share of those 49 past or future costs of operating the district attributable to formulating or 50 implementing the mitigation plan or plans in which the nonmember is partici- 51 pating; 52 (5) The board may require the nonmember to provide security to assure the 53 payment of all assessments and charges related to the contract; 16 1 (6) Nothing in this section shall be interpreted to limit the district's 2 ability to enter into a contract with nonmembers pursuant to terms and condi- 3 tions acceptable to both parties. 4 SECTION 24. That Section 42-5276, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 42-5276. INCLUSION OF IRRIGATION DISTRICTS ORGANIZED UNDER TITLE 43. 7 Where the water supply for lands is ground water provided by an irrigation 8 district established under title 43, Idaho Code, and such lands are included 9 in and subject to assessment by the irrigation district, such lands shall be 10 included in a ground water district organized under the provisions of this 11 chapter only if the board of the irrigation districtserves notice in the same12manner as that provided for nonirrigators in section 42-5214(2) and (3), Idaho13Codefiles a petition for annexation into the district under section 42-5245, 14 Idaho Code. 15 SECTION 25. SEVERABILITY. The provisions of this act are hereby declared 16 to be severable and if any provision of this act or the application of such 17 provision to any person or circumstance is declared invalid for any reason, 18 such declaration shall not affect the validity of the remaining portions of 19 this act. 20 SECTION 26. An emergency existing therefor, which emergency is hereby 21 declared to exist, this act shall be in full force and effect on and after its 22 passage and approval.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 15184 The purpose of this legislation is to require mandatory membership for all ground water users except for domestic and livestock water rights. The reason ground water districts want this to change is to insure the mitigation and district operational costs are equally spread to all ground water users who receive benefits. Ground water district membership has been voluntary since 1995 but ever increasing mitigation and operational costs have stretched the financial limits of ground water district members. Ground water districts believe all ground water users who benefit from mitigation and ground water district operational costs should become members and pay their fair share. FISCAL NOTE Enactment of this legislation will have no effect upon the state's general fund or other state or local funds. This will increase the costs for those ground water users who are not presently ground water district members. Contact Name: Representative John A. Stevenson Phone: 332-1000 Lynn Tominaga, Idaho Ground Water appropriators, Inc. Phone: 381-0294 STATEMENT OF PURPOSE/FISCAL NOTE H 372