2005 Legislation
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HOUSE BILL NO. 391 – Ground water user, definition


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Bill Status

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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 391
                                BY WAYS AND MEANS COMMITTEE
  1                                        AN ACT
  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-
 27    tic  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
  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 / Fiscal Impact

                       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.

Name:  Representative Wendy Jaquet 
Phone: 332-1000
       Representative Doug Jones
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                       H 391