View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0391.....................................................by WAYS AND MEANS GROUND WATER USER - Amends existing law relating to ground water districts to revise the definition for "ground water user." 03/28 House intro - 1st rdg - to printing 03/29 Rpt prt - to Res/Con
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 391 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO GROUND WATER DISTRICTS; AMENDING SECTION 42-5201, IDAHO CODE, TO 3 REVISE THE DEFINITION FOR "GROUND WATER USER." 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 42-5201, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 42-5201. SHORT TITLE -- TITLE OF DISTRICTS -- DEFINITIONS. This chapter 8 is known as the "Ground Water District Act"; the districts created hereunder 9 may be termed "ground water districts." When used in this chapter, and unless 10 otherwise specified, the following terms shall be defined as follows: 11 (1) "Board" means the board of directors of a ground water district orga- 12 nized pursuant to this chapter. 13 (2) "Corporation" means a corporation or limited liability company. 14 (3) "County commission" means the board of county commissioners or any 15 other governing board or authority for a county, as provided by law. 16 (4) "Department" means the Idaho department of water resources. 17 (5) "Director" means the director of the department of water resources. 18 (6) "District" means a ground water district established, or to be estab- 19 lished, pursuant to this chapter. 20 (7) "Ground water" when used in this chapter means water under the sur- 21 face of the ground whatever may be the geologic structure in which it is 22 standing or moving, as provided in section 42-230(a), Idaho Code. 23 (8) "Ground water user" means the legal or beneficial owner of a ground 24 water right, or the user of a ground water right pursuant to lease or contract 25 of a ground water right to divert ground water of the state for a beneficial 26 use or purpose, except for those diverting under rights used solely for domes-27tic or stock use as defined by sections 42-111 and 42-1401A, Idaho Code. A 28 ground water user is within the boundary of a ground water district if the 29 well or other point of diversion used by that ground water user is within the 30 boundary. A husband and wife together diverting ground water pursuant to right 31 shall constitute one (1) ground water user. Ground water user includes both a 32 ground water irrigator and a nonirrigator as defined in this chapter. 33 (9) "Ground water irrigator" means a ground water user holding a ground 34 water right for irrigation purposes within a ground water district. 35 (10) "Land" or "lands," when used in the context of the property of a 36 ground water user subject to district assessment under this chapter, means the 37 real property where ground water is diverted or placed to beneficial use, 38 including the facilities in or through which a ground water user makes benefi- 39 cial use of ground waters. 40 (11) "Nonirrigator" means a ground water user holding a ground water right 41 for commercial, municipal, or industrial purposes within a ground water dis- 42 trict. A ground water user will be deemed a nonirrigator for purposes of this 43 chapter even though: (a) some component of the user's ground water use is for 2 1 irrigation; or (b) the user holds a ground water right for irrigation that is 2 incidental to, or normally associated with, the user's commercial, municipal 3 or industrial purpose. 4 (12) "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 (13) "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 (14) "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 (15) "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 (16) "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.
STATEMENT OF PURPOSE RS 15210 This legislation removes the exemption for domestic and stock users from participation in ground water districts. FISCAL NOTE There is no fiscal impact to the general fund. Contact Name: Representative Wendy Jaquet Phone: 332-1000 Representative Doug Jones Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 391