Print Friendly HOUSE BILL NO. 391 – Ground water user, definition
HOUSE BILL NO. 391
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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 - 2005
IN 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-
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
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
This legislation removes the exemption for domestic and stock
users from participation in ground water districts.
There is no fiscal impact to the general fund.
Name: Representative Wendy Jaquet
Representative Doug Jones
STATEMENT OF PURPOSE/FISCAL NOTE H 391