2005 Legislation
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HOUSE BILL NO. 394 – Ground water dist, members

HOUSE BILL NO. 394

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H0394.....................................................by WAYS AND MEANS
GROUND WATER DISTRICTS - Amends existing law relating to ground water
districts; to provide for votes of city governments; to provide that
certain ground water irrigators shall be members of districts and subject
to assessments; to provide for orders of inclusion; to provide for notice
of hearing; to provide for objections, appeals and conclusiveness of
orders; to provide that certain persons who become entitled to appropriate
or who appropriate ground water after the formation of a ground water
district shall be deemed included in the district and subject to
assessments as of a particular date; to provide for directors at large; to
authorize ground water district boards of directors to incur specified
indebtedness on behalf of the district; to provide for the term of
indebtedness; to provide for delinquent assessment lists and payments of
delinquent assessments; to prohibit the participation in mitigation plans
for nonpayment of certain mitigation costs when due until paid in full; to
revise provisions relating to the annexation of the lands and/or facilities
of certain users of ground water into districts; to provide for exclusion
of lands; to authorize ground water district boards to collect proportional
shares of costs incurred under mitigation plans from holders of certain
ground water rights where the Legislature has provided by law that such
holders are to be deemed nonmember participants in the district solely for
mitigation purposes; and to provide guidelines.
                                                                        
03/29    House intro - 1st rdg - to printing
    Rpt prt - to 2nd rdg
    Rls susp - PASSED - 60-7-3
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Kemp, Lake, Martinez, Mathews, McGeachin, Miller, Moyle,
      Nielsen, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts,
      Rusche, Rydalch, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr.
      Speaker
      NAYS -- Barrett, Jones, LeFavour, Loertscher, Mitchell, Sali,
      Schaefer
      Absent and excused -- McKague, Nonini, Wood
    Floor Sponsor - Stevenson
    Title apvd - to Senate
03/29    Senate intro - 1st rdg - to Res/Env
03/30    Rpt out - rec d/p - to 2nd rdg
03/31    2nd rdg - to 3rd rdg
04/06    3rd rdg - PASSED - 32-1-2
      AYES -- Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner,
      Compton, Corder, Darrington, Davis, Fulcher(Fulcher), Geddes, Goedde,
      Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
      Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner,
      Stennett, Sweet, Werk, Williams
      NAYS -- Brandt
      Absent and excused -- Andreason, Gannon
    Floor Sponsor - Cameron
    Title apvd - to House
04/06    To enrol
04/07    Rpt enrol - Sp/Pres signed - To Governor
04/12    Governor signed
         Session Law Chapter 367
         Effective: 04/12/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 394
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO GROUND WATER DISTRICTS; AMENDING SECTION 42-5201, IDAHO  CODE,  TO
  3        REVISE  A DEFINITION; AMENDING SECTION 42-5210, IDAHO CODE, TO PROVIDE FOR
  4        VOTES OF CITY GOVERNMENTS; AMENDING SECTION 42-5212, IDAHO CODE, TO MAKE A
  5        TECHNICAL CORRECTION; AMENDING SECTION 42-5214,  IDAHO  CODE,  TO  PROVIDE
  6        THAT CERTAIN GROUND WATER IRRIGATORS SHALL BE MEMBERS OF GROUND WATER DIS-
  7        TRICTS AND SUBJECT TO CERTAIN ASSESSMENTS, RIGHTS AND RESPONSIBILITIES, TO
  8        PROVIDE  FOR  ORDERS  OF THE BOARD RELATING TO INCLUSION OF CERTAIN GROUND
  9        WATER IRRIGATORS IN GROUND WATER DISTRICTS, TO PROVIDE FOR NOTICE OF HEAR-
 10        ING, TO PROVIDE FOR HEARING, TO PROVIDE FOR OBJECTIONS  TO  INCLUSION,  TO
 11        PROVIDE  FOR  THE CERTIFICATION AND FILING OF ORDERS OF INCLUSION, TO PRO-
 12        VIDE FOR CERTAIN APPEALS, TO  PROVIDE  FOR  CONCLUSIVENESS  OF  ORDERS  OF
 13        INCLUSION,  TO  PROVIDE  THAT  CERTAIN GROUND WATER IRRIGATORS INCLUDED AS
 14        MEMBERS UPON ORDER OF THE BOARD SHALL BE LIABLE FOR SPECIFIED COSTS OF THE
 15        DISTRICT, TO PROVIDE A CORRECT CODE REFERENCE, AND TO PROVIDE THAT CERTAIN
 16        PERSONS WHO BECOME ENTITLED TO APPROPRIATE OR WHO APPROPRIATE GROUND WATER
 17        AFTER THE FORMATION OF A GROUND WATER DISTRICT SHALL BE DEEMED INCLUDED IN
 18        THE DISTRICT AND SUBJECT TO ASSESSMENTS AS OF A PARTICULAR DATE;  AMENDING
 19        SECTION  42-5219, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION
 20        42-5220, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 42-5221,
 21        IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING  SECTION  42-5222,  IDAHO
 22        CODE,  TO  REDESIGNATE  THE  SECTION; AMENDING CHAPTER 52, TITLE 42, IDAHO
 23        CODE, BY THE ADDITION OF A NEW SECTION 42-5219, IDAHO CODE, TO PROVIDE FOR
 24        DIRECTORS AT LARGE; AMENDING SECTION 42-5224,  IDAHO  CODE,  TO  AUTHORIZE
 25        GROUND  WATER DISTRICT BOARDS OF DIRECTORS TO INCUR SPECIFIED INDEBTEDNESS
 26        ON BEHALF OF THE DISTRICT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
 27        TION 42-5233, IDAHO CODE, TO PROVIDE THAT THE TERM FOR INDEBTEDNESS RELAT-
 28        ING TO THE FUNDING OF MITIGATION PLANS  SHALL  NOT  EXCEED  THIRTY  YEARS;
 29        AMENDING  SECTION  42-5242, IDAHO CODE, TO PROVIDE THAT DELINQUENT ASSESS-
 30        MENT LISTS SHALL BE DULY ACKNOWLEDGED BY GROUND WATER DISTRICT  TREASURERS
 31        AND TO PROVIDE REQUIREMENTS FOR THE TREASURER RELATING TO PAYMENTS IN FULL
 32        OF  DELINQUENT  ASSESSMENTS AND PENALTIES; AMENDING SECTION 42-5244, IDAHO
 33        CODE, TO PROHIBIT THE PARTICIPATION IN MITIGATION PLANS FOR NONPAYMENT  OF
 34        CERTAIN  MITIGATION  COSTS  WHEN DUE UNTIL PAID IN FULL, TO REQUIRE GROUND
 35        WATER DISTRICTS TO  PROVIDE  THE  DIRECTOR  OF  THE  DEPARTMENT  OF  WATER
 36        RESOURCES  WITH  A  REPORT  OF PAST DUE MITIGATION COSTS, TO AUTHORIZE THE
 37        DIRECTOR TO REQUIRE GROUND WATER DISTRICTS TO PROVIDE CERTAIN  ACCOUNTINGS
 38        AND  TO  REQUIRE GROUND WATER DISTRICTS TO INFORM THE DIRECTOR IMMEDIATELY
 39        UPON PAYMENT OF PAST DUE MITIGATION COSTS; AMENDING SECTION 42-5245, IDAHO
 40        CODE, TO REVISE PROVISIONS RELATING TO THE ANNEXATION OF THE LANDS  AND/OR
 41        FACILITIES  OF  CERTAIN USERS OF GROUND WATER INTO GROUND WATER DISTRICTS;
 42        AMENDING SECTION 42-5251, IDAHO CODE, TO PROVIDE  REQUIREMENTS  FOR  PETI-
 43        TIONS  FOR  EXCLUSION  OF  LANDS  AND  TO PROVIDE REQUIREMENTS RELATING TO
 44        ACTIONS ON PETITIONS FOR EXCLUSION OF LANDS BY DISTRICT  BOARDS;  AMENDING
 45        SECTION  42-5253, IDAHO CODE, TO REVISE PROVISIONS AND REQUIREMENTS RELAT-
 46        ING TO ORDERS OF EXCLUSION OF LANDS FROM GROUND WATER DISTRICTS;  AMENDING
                                                                        
                                           2
                                                                        
  1        SECTION  42-5256,  IDAHO  CODE,  TO PROVIDE FOR FILING OF ANY DECISIONS OR
  2        ORDERS IN THE OFFICE  OF  SPECIFIED  COUNTY  RECORDERS;  AMENDING  SECTION
  3        42-5259,  IDAHO CODE, TO AUTHORIZE GROUND WATER DISTRICT BOARDS TO COLLECT
  4        PROPORTIONAL SHARES OF COSTS INCURRED UNDER MITIGATION PLANS FROM  HOLDERS
  5        OF  CERTAIN  GROUND WATER RIGHTS WHERE THE LEGISLATURE HAS PROVIDED BY LAW
  6        THAT SUCH HOLDERS ARE TO BE DEEMED NONMEMBER PARTICIPANTS IN THE  DISTRICT
  7        SOLELY FOR MITIGATION PURPOSES AND TO PROVIDE GUIDELINES; PROVIDING SEVER-
  8        ABILITY; AND DECLARING AN EMERGENCY.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section 42-5201, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        42-5201.  SHORT TITLE -- TITLE OF DISTRICTS -- DEFINITIONS.  This  chapter
 13    is  known  as the "Ground Water District Act"; the districts created hereunder
 14    may be termed "ground water districts."  When used in this chapter, and unless
 15    otherwise specified, the following terms shall be defined as follows:
 16        (1)  "Board" means the board of directors of a ground water district orga-
 17    nized pursuant to this chapter.
 18        (2)  "Corporation" means a corporation or limited liability company.
 19        (3)  "County commission" means the board of county  commissioners  or  any
 20    other governing board or authority for a county, as provided by law.
 21        (4)  "Department" means the Idaho department of water resources.
 22        (5)  "Director" means the director of the department of water resources.
 23        (6)  "District" means a ground water district established, or to be estab-
 24    lished, pursuant to this chapter.
 25        (7)  "Ground  water"  when used in this chapter means water under the sur-
 26    face of the ground whatever may be the  geologic  structure  in  which  it  is
 27    standing or moving, as provided in section 42-230(a), Idaho Code.
 28        (8)  "Ground  water  user" means the legal or beneficial owner of a ground
 29    water right, or the user of a ground water right pursuant to lease or contract
 30    of a ground water right to divert ground water of the state for  a  beneficial
 31    use or purpose, except for those diverting under rights used solely for domes-
 32    tic  or  stock use as defined by sections 42-111 and 42-1401A, Idaho Code, and
 33    provided, that for purposes of this chapter, the term ground water user  shall
 34    not  include any ground water right held by or on behalf of an Indian tribe or
 35    by tribal members for diversion and use within an Indian  reservation,  ground
 36    water  rights  held  by  the  United States or ground water rights held by the
 37    state of Idaho. A ground water user is within the boundary of a  ground  water
 38    district  if  the  well  or other point of diversion used by that ground water
 39    user is within the boundary. A husband  and  wife  together  diverting  ground
 40    water  pursuant  to  right  shall constitute one (1) ground water user. Ground
 41    water user includes both a  ground  water  irrigator  and  a  nonirrigator  as
 42    defined in this chapter.
 43        (9)  "Ground  water  irrigator" means a ground water user holding a ground
 44    water right for irrigation purposes within a ground water district.
 45        (10) "Land" or "lands," when used in the context  of  the  property  of  a
 46    ground water user subject to district assessment under this chapter, means the
 47    real  property  where  ground  water  is diverted or placed to beneficial use,
 48    including the facilities in or through which a ground water user makes benefi-
 49    cial use of ground waters.
 50        (11) "Nonirrigator" means a ground water user holding a ground water right
 51    for commercial, municipal, or industrial purposes within a ground  water  dis-
 52    trict.  A ground water user will be deemed a nonirrigator for purposes of this
                                                                        
                                           3
                                                                        
  1    chapter even though:  (a) some component of the user's ground water use is for
  2    irrigation; or (b) the user holds a ground water right for irrigation that  is
  3    incidental  to,  or normally associated with, the user's commercial, municipal
  4    or industrial purpose.
  5        (12) "Member" means a ground water user  whose  lands,  facilities  and/or
  6    water  rights  are  included in and subject to a ground water district and its
  7    policies.
  8        (13) "Mitigation plan" means a plan to prevent or compensate for  material
  9    injury  to  holders  of senior water rights caused by the diversion and use of
 10    water by the holders of junior priority ground water rights who  are  partici-
 11    pants in the mitigation plan.
 12        (14) "Person"  means  an  individual, partnership, trust, estate, associa-
 13    tion, corporation, municipal corporation, the state of Idaho and  any  of  its
 14    agencies,  the  United  States,  an Indian tribe, a public corporation, or any
 15    other public or private entity.
 16        (15) "Public corporation"  means  counties,  city  and  counties,  cities,
 17    school  districts,  municipal  water districts, irrigation districts, recharge
 18    districts, water districts, park districts, subdistricts, and all  other  gov-
 19    ernmental agencies of this state, having the power of levying or providing for
 20    the levy of general or special taxes or special assessments, and any political
 21    subdivision of another state of the United States.
 22        (16) "Water  right"  means  the legal right to divert and beneficially use
 23    the public waters of the state of Idaho where such right  is  evidenced  by  a
 24    decree,  a  permit or a license issued by the department, a beneficial or con-
 25    stitutional use right evidenced by an adjudication claim  or  claim  based  on
 26    section 42-243, Idaho Code, or a right based on federal law.
                                                                        
 27        SECTION  2.  That  Section 42-5210, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        42-5210.  QUALIFICATIONS OF VOTERS FOR DISTRICT ELECTIONS. (1) Any  ground
 30    water irrigator, and any nonirrigator who is a member for all purposes, within
 31    the proposed district shall be entitled to vote at any election held under the
 32    provisions  of  this chapter. The production of documentation of a water right
 33    as described in section 42-5201(16), Idaho Code, shall be sufficient  evidence
 34    of ground water use for purposes of acting as an elector under this chapter. A
 35    representative  of a ground water user shall be so designated by written proxy
 36    signed by the ground water user except that the  vote  of  a  state,  city  or
 37    county  government  may  be  cast  by  an elected or appointed official of the
 38    agency, or his designee. A corporation or partnership shall vote or  otherwise
 39    act by a single individual who is authorized by the corporation or partnership
 40    to  act on its behalf.  A corporation or partnership must furnish the election
 41    officials a written designation stating the name  of  the  individual  who  is
 42    authorized to vote and otherwise act for the corporation or partnership.
 43        (2)  Any  ground  water user who becomes a member of a district solely for
 44    mitigation purposes:
 45        (a)  Shall be entitled to vote only in those district elections concerning
 46        whether to incur indebtedness as specified in section 42-5234, Idaho Code;
 47        and
 48        (b)  Shall be ineligible to nominate directors or  officers  of  the  dis-
 49        trict,  to  serve  in  such capacities, or otherwise to participate in the
 50        governance of the district.
 51        (3)  A nonirrigator may participate in the election to determine whether a
 52    district will be formed only according to the following provisions:
 53        (a)  The nonirrigator shall notify the judges of election  in  writing  at
                                                                        
                                           4
                                                                        
  1        least  ten  (10)  working days prior to the date of the election that such
  2        person supports the formation of the district, elects to become  either  a
  3        member  for  all  purposes,  or  a  member only for mitigation purposes as
  4        described in section 42-5214, Idaho Code, should it  be  formed,  and,  by
  5        such notice, casts its vote(s) in favor of formation.
  6        (b)  The  notification  shall  contain  a  legal  description  of the land
  7        through which the nonirrigator places ground waters to beneficial  use,  a
  8        statement  of the amount of such person's ground water right in cubic feet
  9        per second of diversions, and a copy of the ground water right  documenta-
 10        tion described in section 42-5201(16), Idaho Code.
 11        (c)  Once  the judges of election have accepted the notification described
 12        in  subsection  (3)(b)  of  this  section,  they  shall  duly  record  the
 13        nonirrigator's vote(s) in favor of district formation in the canvassing of
 14        votes carried out pursuant to section 42-5213, Idaho Code.
 15        (d)  If  the  voting  results  in  the  formation  of  the  district,  the
 16        nonirrigator who provided such notification thereafter  shall  be  a  full
 17        member  or  member for mitigation purposes of such district, whichever the
 18        case may be, and shall  have  all  obligations,  rights,  and  limitations
 19        attaching thereto.
 20        (4)  Each  ground  water  user shall have one (1) vote for each cubic foot
 21    per second, or proportion thereof (rounded to the nearest  tenth  of  a  cubic
 22    foot  per second), for which such ground water user holds a ground water right
 23    whose point of diversion is within the proposed district boundaries.
                                                                        
 24        SECTION 3.  That Section 42-5212, Idaho Code, be, and the same  is  hereby
 25    amended to read as follows:
                                                                        
 26        42-5212.  REGISTRATION  NOT REQUIRED. No registration shall be required in
 27    any ground water district election, but in lieu thereof the judges of election
 28    shall require every elector to subscribe to an elector's oath as  prerequisite
 29    to  casting his vote, and such oath shall be the usual elector's oath with the
 30    following words added thereto, "I am a resident of .......... county, and I am
 31    a ground water user within the ....... (proposed) ground water district, or  I
 32    am  a  representative  of  a  ground  water user within the ....... (proposed)
 33    ground water district" and present evidence of such ground water use  pursuant
 34    to  section 42-5201(16), Idaho Code, if they do not appear on the department's
 35    list as provided in section 42-5206, Idaho Code.
                                                                        
 36        SECTION 4.  That Section 42-5214, Idaho Code, be, and the same  is  hereby
 37    amended to read as follows:
                                                                        
 38        42-5214.  GROUND  WATER  USERS  INCLUDED WITHIN THE DISTRICT -- NOTICE AND
 39    HEARING FOR MEMBERS INCLUDED IN DISTRICT AFTER MARCH  31,  2005  --  ORDER  --
 40    APPEAL  AND  CONCLUSIVENESS. (1) All ground water irrigators within the bound-
 41    aries of the district are shall be members of  the  district  and  subject  to
 42    assessments,  rights  and  responsibilities established by the district as set
 43    forth in this chapter, notwithstanding any change in the ownership or  control
 44    of  the property of the water user, whether by way of transfer, exchange, con-
 45    veyance, assignment, lease, or otherwise, to which the water right  or  rights
 46    used  to  determine assessments are appurtenant, unless excluded from the dis-
 47    trict pursuant to sections 42-5251 through 42-5257, Idaho Code. Except as pro-
 48    vided in section 42-5276, Idaho Code, any ground water  irrigator  who  previ-
 49    ously  was  not  a  member as of March 31, 2005, shall be included as a member
 50    effective upon order of the board finding and  confirming  that  inclusion  of
 51    such  ground water irrigator is in the best interests of the district and that
                                                                        
                                           5
                                                                        
  1    such ground water irrigator shall receive benefits from such  inclusion  as  a
  2    member. Such order may be made only after the board shall have caused a notice
  3    of  such  hearing to be published in the manner of notices of elections, which
  4    notice shall state that all persons interested in or that may be  affected  by
  5    such  inclusion  as  a  member shall appear at the time and place named in the
  6    notice and show cause in writing why they should not be included as a  member.
  7    The  board,  at the time mentioned in said notice shall hear any objections to
  8    inclusion. The failure of any person to  file  with  the  district  office  an
  9    objection to inclusion as a member prior to the noticed hearing shall be taken
 10    as  an  assent  on his part to such inclusion as a member of the district. Any
 11    order confirming the inclusion of ground water irrigators as  members  of  the
 12    district shall be certified by the board president and secretary and filed for
 13    record  in  the recorder's office of each county within which are situated any
 14    lands of the district and notice of the order shall be published in the manner
 15    of notices of elections. Any person who properly has  filed  an  objection  to
 16    inclusion  as a member shall have the right to appeal to the district court of
 17    the county in which such person's ground water  right  is  situated,  provided
 18    such appeal shall be made within thirty (30) days from the date of publication
 19    of  the  order  confirming  such  inclusion. After said thirty (30) day appeal
 20    period, no one shall have any cause or right of action to contest  the  legal-
 21    ity, formality or regularity of said order of inclusion for any reason whatso-
 22    ever,  and thereafter, said inclusion and the constitution and validity of the
 23    district shall be considered valid and incontestable without  limitation.  Any
 24    ground  water  irrigator who previously was not a member of the district as of
 25    March 31, 2005, that is included as a member upon order of the board shall  be
 26    liable for his proportionate share of all costs of the district incurred after
 27    such  date,  including his proportionate share of all bonded, warrant or other
 28    indebtedness incurred prior to March 31,  2005,  but  only  the  proportionate
 29    share  of  such  prior  indebtedness  applicable to the period after March 31,
 30    2005.
 31        (2)  All nonirrigators within the boundaries of  the  district  who  voted
 32    according to notice as provided in section 42-5210(3), Idaho Code, are members
 33    of the district as specified in such notice.
 34        (3)  A  nonirrigator  also may become a member of a district by providing,
 35    within sixty (60) days after the date on which the district is formed, written
 36    notice to the district board that the nonirrigator wishes to join the district
 37    either as a member for all purposes or as a  member  for  mitigation  purposes
 38    only.  Upon  providing  such notice, the nonirrigator shall be either a member
 39    for all purposes or a member for mitigation purposes only, as specified in the
 40    notice, and shall be subject to assessment accordingly  as  provided  in  this
 41    chapter.  After such sixty (60) day period, a nonirrigator may become a member
 42    of  a  district  only  through  the annexation procedure described in sections
 43    42-5245 through 42-5249, Idaho Code.
 44        (4)  Except as provided for municipal, commercial, industrial, federal and
 45    tribal ground water users in subsection (1) of this section, any 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 benefitted
 52    either directly or indirectly by the district  as  of  the  date  the  permit,
 53    license, or entitlement is acquired.
                                                                        
 54        SECTION  5.  That  Section 42-5219, Idaho Code, be, and the same is hereby
                                                                        
                                           6
                                                                        
  1    amended to read as follows:
                                                                        
  2        42-52198A.  WHEN ELECTION NOT REQUIRED. In any election for directors  if,
  3    after the expiration of the date for filing written nominations for the office
  4    of  director,  it appears that only one (1) qualified candidate has been nomi-
  5    nated thereby for each position to be filled, it shall  not  be  necessary  to
  6    hold an election, and the board of directors shall, within five (5) days after
  7    expiration  of the date for filing written nominations, declare such candidate
  8    elected as director. The procedure set forth in this section shall  not  apply
  9    to any other district election.
                                                                        
 10        SECTION  6.  That  Section 42-5220, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        42-522018B.  NOTICE OF ELECTION. The secretary of the district shall  give
 13    notice of all elections in the district by posting the same in five (5) public
 14    places  in  each county in which a part of the district is situated and in the
 15    office of the board of directors at least four (4) weeks  before  the  day  of
 16    such  election,  or by publication of the notice once a week for four (4) suc-
 17    cessive weeks in a newspaper or newspapers published in each of said  counties
 18    or in a newspaper of general circulation therein. Notices shall state the time
 19    of the election and the location of polling places within the district and the
 20    directors  to  be  elected or other question to be voted upon, as the case may
 21    be.
                                                                        
 22        SECTION 7.  That Section 42-5221, Idaho Code, be, and the same  is  hereby
 23    amended to read as follows:
                                                                        
 24        42-52218C.  CONDUCT  OF  ELECTIONS.  The  election  shall  be conducted as
 25    nearly as practicable in accordance with the general laws of the  state;  pro-
 26    vided  that  no particular form of ballot shall be required and the provisions
 27    of the election laws as to the form and  distribution  of  ballots  shall  not
 28    apply  and each ballot must indicate the number of cubic feet per second asso-
 29    ciated with the ballot cast. The board of directors  shall  designate  polling
 30    places  in such number as it may deem necessary. At least ten (10) days before
 31    the holding of any election, the board shall appoint  three  (3)  electors  to
 32    serve  as  judges  of election at each polling place. The judges shall perform
 33    the same duties as near as may be, as judges of  election  under  the  general
 34    laws  of  the  state.  Immediately  after the election, the judges of election
 35    shall forward the official results to the secretary of the district.
                                                                        
 36        SECTION 8.  That Section 42-5222, Idaho Code, be, and the same  is  hereby
 37    amended to read as follows:
                                                                        
 38        42-522218D.  CANVASS  OF  RETURNS  -- DECLARATION OF WINNERS. On the first
 39    Monday after each election, or at a time designated by the board of directors,
 40    the board shall meet at its usual place of meeting and proceed to canvass  the
 41    returns.  By order entered on its minutes, the board shall declare elected the
 42    person or persons having the highest number of votes for each office.
                                                                        
 43        SECTION 9.  That Chapter 52, Title 42, Idaho Code, be, and the  same    is
 44    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 45    ignated as Section 42-5219, Idaho Code, and to read as follows:
                                                                        
 46        42-5219.  DIRECTORS AT LARGE. In the event a district is divided into  six
                                                                        
                                           7
                                                                        
  1    (6) or fewer divisions, the district is authorized to elect one (1) to two (2)
  2    directors  at large. Directors at large shall be elected at the annual meeting
  3    of the district by a two-thirds (2/3) majority of the members present  at  the
  4    meeting.  Every  director  at large elected pursuant to the provisions of this
  5    section shall be a ground water user in the district. Directors at large shall
  6    hold office for a term of two (2) years, or until their successors are elected
  7    and qualified. Provided however, that in no event shall a district  have  more
  8    than a total of seven (7) directors serving at any time whether elected pursu-
  9    ant to the provisions of section 42-5218, Idaho Code, or pursuant to this sec-
 10    tion.
                                                                        
 11        SECTION  10.  That Section 42-5224, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        42-5224.  POWERS AND DUTIES OF BOARD OF DIRECTORS.  The  board  shall,  in
 14    addition to any other powers and duties provided in this chapter, and provided
 15    that  nothing in this chapter shall abrogate or impair the right of any person
 16    to take any action necessary to acquire,  protect,  challenge  or  defend  any
 17    water right, have the following powers and duties:
 18        (1)  To  acquire,  and/or construct, operate, control or use by appropria-
 19    tion, grant, purchase, bequest, devise, contract or lease works or facilities,
 20    water rights, water permits or licenses, well-drilling permits,  wells,  pipe-
 21    lines,  ditches  and any other real and personal property (including easements
 22    and rights-of-way) or contract entitlement within or without the district nec-
 23    essary or convenient to fully exercise its powers;
 24        (2)  To sell, lease, encumber, alienate, or otherwise dispose of works  or
 25    facilities,  water,  water  rights,  wells,  pipelines,  ditches,  reservoirs,
 26    recharge  facilities,  and  any  other real and personal property owned by the
 27    district within or without its boundaries, and to incur indebtedness on behalf
 28    of the district as specified in this chapter;
 29        (3)  To enter into contracts and agreements,  cooperative  and  otherwise,
 30    including  contracts with the United States of America and any of its agencies
 31    or instrumentalities, and tribes, and contracts with corporations,  public  or
 32    private,  municipalities, or governmental subdivisions necessary or convenient
 33    to fully exercise its powers;
 34        (4)  To hire and retain agents, employees, engineers, hydrologists, geolo-
 35    gists, and attorneys as shall be necessary  and  convenient  to  transact  the
 36    district's business and to represent the district's interests;
 37        (5)  To  levy  assessments  for the operation of the district and its pro-
 38    grams;
 39        (6)  To represent district members, with respect to their individual water
 40    rights, in general water rights adjudications and other legal and  administra-
 41    tive  proceedings or before political bodies, provided that the board may levy
 42    assessments for these matters against only those members who have given  writ-
 43    ten consent for the representation;
 44        (7)  To  represent  district members in proceedings or meetings of a water
 45    district established by the director of  the  department  notwithstanding  any
 46    provision  to  the  contrary in chapter 6, title 42, Idaho Code. Provided how-
 47    ever, that the board shall not be authorized to cast a vote in any  proceeding
 48    or  meeting  of  a water district established pursuant to chapter 6, title 42,
 49    Idaho Code, on behalf of any district member who has, prior to such proceeding
 50    or meeting, given written notice to the board and to the water  district  that
 51    such  district  member  intends to vote on his own behalf, or on behalf of any
 52    district member who attends such meeting or proceeding and intends to vote  on
 53    his  own  behalf.  The board shall provide a verified list of the water rights
                                                                        
                                           8
                                                                        
  1    that it represents at any water district proceeding or meeting to the chairman
  2    of the water district proceeding or meeting.;
  3        (8)  To appropriate, develop, store, and transport water within the state;
  4        (9)  To acquire stock in  canal  companies,  water  companies,  and  water
  5    users' associations;
  6        (10) To  invest any surplus money in the district treasury pursuant to the
  7    public depository law as contained in chapter 1, title 57, Idaho Code;
  8        (11) To develop, maintain, operate and implement mitigation plans designed
  9    to mitigate any material injury caused by ground water use within the district
 10    upon senior water uses within and/or without the district;
 11        (12) To finance the repair or abandonment of wells  in  the  ground  water
 12    district which have experienced or are experiencing declines in water level or
 13    water  pressures because of reasons including, but not limited to, flow, leak-
 14    age, and waste from  improper  construction,  maintenance,  and  operation  of
 15    wells;
 16        (13) To  have  and exercise the power of eminent domain in the manner pro-
 17    vided by law for the condemnation of private property for  easements,  rights-
 18    of-way,  and  other  rights of access to property necessary to the exercise of
 19    the mitigation powers herein granted, both within and without the district;
 20        (14) To sue and be sued, and be a party to suits, actions and proceedings;
 21        (15) To enter into joint powers agreements and/or memoranda of understand-
 22    ing with other districts, governmental or quasi-public entities;
 23        (16) To develop and acquire water rights for, and operate, aquifer storage
 24    or recharge projects;
 25        (17) To monitor, measure, study, and implement programs in  the  interests
 26    of the district's members regarding the protection of ground water diversions,
 27    depth of water in wells, aquifer water levels and characteristics;
 28        (18) To  adopt  and amend bylaws not in conflict with the constitution and
 29    laws of the state for carrying on the business, objects  and  affairs  of  the
 30    board and of the district and to establish a fiscal year;
 31        (19) To  enter upon land to make surveys, locate district property, works,
 32    or facilities, and to otherwise conduct the affairs of the district;
 33        (20) To make, record and report annually to the director  sufficient  mea-
 34    surements of diversions and water levels of district members to allow the dis-
 35    trict  to be excluded from any water measurements district created pursuant to
 36    sections 42-705 through 42-715, Idaho Code.;
 37        (21) To manage and conduct the affairs of the district  and  to  have  and
 38    exercise  all rights and powers necessary or incidental to or implied from the
 39    specific powers granted herein. Such specific powers shall not  be  considered
 40    as  a limitation upon any power necessary or appropriate to carry out the pur-
 41    poses and intent of this act chapter.
                                                                        
 42        SECTION 11.  That Section 42-5233, Idaho Code, be, and the same is  hereby
 43    amended to read as follows:
                                                                        
 44        42-5233.  POWER  TO  INCUR INDEBTEDNESS -- ASSESSMENTS TO SECURE REPAYMENT
 45    -- WARRANTS. (1) In order to secure funds for the mitigation plan or plans for
 46    the district, the board of directors  may,  by  resolution  duly  adopted  and
 47    entered  upon the minutes, incur indebtedness by contract with a money lending
 48    institution; provided however, that the term of such  indebtedness  shall  not
 49    exceed ten thirty (130) years. To secure the repayment  of any indebtedness so
 50    incurred,  the  board shall levy assessments over the term of the indebtedness
 51    in amounts sufficient to repay the interest and principal  as  it  falls  due.
 52    Such  assessments  shall  be  levied in the manner and shall be subject to the
 53    limitations set forth in section 42-5232, Idaho Code, and may be  levied  only
                                                                        
                                           9
                                                                        
  1    if  the  indebtedness  has  been  approved at an election pursuant to sections
  2    42-5234 through 42-5238, Idaho Code.
  3        (2)  Notwithstanding the provisions of subsection (1) of this section, the
  4    board of directors may, before the collection of the first  assessment,  incur
  5    indebtedness  for  the  purpose of organization, or for any of the purposes of
  6    this chapter, and cause warrants of the district to issue  therefor,  provided
  7    that the total dollar amount of the warrants authorized to be issued shall not
  8    exceed  one  dollar  ($1.00) for each two-hundredths (.02) of a cubic foot per
  9    second of ground water authorized to be diverted and used upon lands or facil-
 10    ities located within the district.  Following  the  collection  of  the  first
 11    assessment,  the board of directors may at any time issue warrants of the dis-
 12    trict for the purpose of paying claims of indebtedness against  the  district,
 13    including  salaries  of  officers  and employees, not to exceed the district's
 14    anticipated revenue.
 15        (3)  The warrants herein authorized shall be in  form  and  substance  the
 16    same  as county warrants or as nearly the same as may be practicable and shall
 17    be signed by the chairman and attested by the secretary  of  said  board.  All
 18    such warrants shall be presented by the holder thereof to the treasurer of the
 19    district  for  payment  who  shall endorse thereon the day of presentation for
 20    payment with the additional endorsement thereon, in case of  nonpayment,  that
 21    they  are not paid for want of funds, and such warrants shall draw interest at
 22    a rate to be established by the board of directors from the date of their pre-
 23    sentation to the treasurer for payment as aforesaid until  such  warrants  are
 24    paid.  No warrants shall be issued in payment of any indebtedness of such dis-
 25    trict for less than face or par value. It shall be the duty of  the  treasurer
 26    from  time  to  time  when  sufficient funds are available for that purpose to
 27    advertise in a newspaper in the county  in  which  the  district  is  situated
 28    requiring the presentation to the treasurer for payment of as many of the out-
 29    standing warrants as are able to be paid. Ten (10) days after the first publi-
 30    cation of said notice by the treasurer calling in any of said outstanding war-
 31    rants,  said  warrants  shall cease to bear interest, which shall be stated in
 32    the notice. Said notice shall be published two  (2)  weeks  consecutively  and
 33    said warrants shall be called in and paid in the order of their endorsement.
                                                                        
 34        SECTION  12.  That Section 42-5242, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        42-5242.  ENTRY OF DELINQUENT ASSESSMENTS -- FILING OF  DELINQUENCY  LIST.
 37    (1)  On  or  before  the  15th day of January of each year the treasurer shall
 38    enter the amount of all delinquent assessments upon the assessment book, which
 39    entry shall be considered to be dated as of the first  day  of  January.  Such
 40    entry  shall  have the force and effect of a sale to the treasurer of the dis-
 41    trict as grantee in trust for the district of all property to which a lien has
 42    attached as a result of such unpaid assessments.
 43        (2)  The treasurer shall compile a list of such delinquency entries  which
 44    shall  contain  the  names  of the persons or entities to whom the assessments
 45    were directed and  the amount of such delinquent assessments together with the
 46    amount of the penalties to be added thereto. A certified copy  of  the  delin-
 47    quency  list,  duly  acknowledged  by  the  treasurer, shall be filed with the
 48    county recorder of each county in which the properties affected by such delin-
 49    quent assessments are located, and the treasurer shall then provide by  certi-
 50    fied  mail  a  notice of delinquency to each ground water user having a delin-
 51    quent assessment.
 52        (3)  Upon the payment in full of any  delinquent  assessment  and  penalty
 53    that was entered on a recorded delinquency list, the treasurer shall file with
                                                                        
                                           10
                                                                        
  1    the county recorder of each county in which the list of delinquent assessments
  2    was  recorded  an  acknowledged  notice that the delinquent assessment and any
  3    penalty owed has been paid in full. The treasurer shall file  any  notices  of
  4    payment  of  delinquent assessments with the county recorders, as required, on
  5    at least a monthly basis.
                                                                        
  6        SECTION 13.  That Section 42-5244, Idaho Code, be, and the same is  hereby
  7    amended to read as follows:
                                                                        
  8        42-5244.  PROHIBITION  AGAINST  PARTICIPATION IN MITIGATION PLAN WHEN SUB-
  9    JECT TO DELINQUENT ASSESSMENT OR FOR NONPAYMENT OF OTHER MITIGATION  COSTS.  A
 10    ground  water  user who is delinquent in the payment of any assessment against
 11    his water use under this chapter, or who has failed to  pay  other  mitigation
 12    costs owed to the district when due, is prohibited from being a participant in
 13    any mitigation plan until such delinquent assessment, or other past due amount
 14    owed  for  mitigation  costs, is paid in full.  The district shall provide the
 15    director a report of such delinquent assessments, or other past due mitigation
 16    costs, at the first of each month for purposes of enforcement. Prior to under-
 17    taking enforcement, the director may require from the district  an  accounting
 18    of  the basis for the assessment and other mitigation costs and the apportion-
 19    ment of those assessments and costs among district members. The district shall
 20    inform the director immediately  upon  the  payment  of  any  such  delinquent
 21    assessment,  or  other  past  due  mitigation  costs.   This  section shall be
 22    enforced by the watermaster within water districts established under chapter 6
 23    of this title, and by the director pursuant to sections 42-351  and  42-1701B,
 24    Idaho Code, in areas outside of such water district.
                                                                        
 25        SECTION  14.  That Section 42-5245, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        42-5245.  PETITION FOR ANNEXATION OF  LAND.  Any  ground  water  user,  as
 28    defined in section 42-5201(8), Idaho Code, as well as any user of ground water
 29    for  domestic  or  stock use as defined by sections 42-111 and 42-1401A, Idaho
 30    Code, may file with the board a petition in  writing  praying  that  the  land
 31    and/or  facilities  listed under the ground water user's ground water right(s)
 32    may be annexed into the district. The petition shall contain a legal  descrip-
 33    tion  of the lands and any other information the district may require, and the
 34    petitioner shall state under oath that petitioner  holds  the  title  to  said
 35    lands. If the ground water user is a nonirrigator, the petition shall state if
 36    the ground water user is seeking to join the district solely to participate in
 37    the district's mitigation plan or other mitigation activities.
                                                                        
 38        SECTION  15.  That Section 42-5251, Idaho Code, be, and the same is hereby
 39    amended to read as follows:
                                                                        
 40        42-5251.  PETITION FOR EXCLUSION OF LANDS -- LANDS MAY REMAIN IN THE  DIS-
 41    TRICT  FOR MITIGATION PURPOSES. Any district member may file with the district
 42    board a petition requesting that the member's lands be excluded from the  dis-
 43    trict. The petition may request that the lands either be excluded for all pur-
 44    poses or be excluded for all purposes except mitigation. The petition shall be
 45    signed  by  each petitioner, but need not be acknowledged and shall state that
 46    continued inclusion of the lands in the district is  inappropriate  or  unwar-
 47    ranted:
 48        (1)  Because  the  diversions of ground water under the ground water users
 49    water right have no depletive effect on any water source, either  individually
                                                                        
                                           11
                                                                        
  1    or cumulatively when considered in conjunction with other similar diversions;
  2        (2)  Because the only ground water use associated with the lands sought to
  3    be  excluded  by  the  petition is a domestic or stock water use as defined by
  4    sections 42-111 and 42-1401A, Idaho Code;
  5        (3)  Because the exclusion of the lands will  not  impair  the  district's
  6    ability to repay debt or carry out mitigation plans;
  7        (4)  Because  the  exclusion  is in the best interests of the district and
  8    its members; or
  9        (5)  For other compelling reasons.
 10    The board shall consider the petition and, based on findings  concerning  such
 11    factors, the board shall grant or deny the petition within ninety (90) days of
 12    the date it is filed, unless the board, in its sole discretion, grants a hear-
 13    ing  on  the  petition  within such time period, in which case the board shall
 14    issue a final decision within sixty (60) days  after  the  conclusion  of  the
 15    hearing. All costs incurred by the district in carrying out the exclusion pro-
 16    ceeding  shall be assessed as provided in section 42-5253, Idaho Code.  A per-
 17    son purchasing land under a written contract shall be deemed to be  the  owner
 18    of that land for purposes of this section.
                                                                        
 19        SECTION  16.  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  completed
 22    petition  for exclusion, In the event the district's board of directors grants
 23    a petition for exclusion, the board shall, by resolution, shall make an  order
 24    forthwith  excluding  the  lands described in the petition either for all pur-
 25    poses or for only those purposes not related  to  mitigation.  No  hearing  is
 26    required prior to granting a petition for exclusion.
 27        (2)  At a minimum, the order of exclusion shall specify that:
 28        (a)  Lands excluded for all purposes shall 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, shall
 31        continue to be part of the district for mitigation purposes only and shall
 32        be 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        (d)  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 17.  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. The Any 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 18.  That Section 42-5259, Idaho Code, be, and the same is  hereby
 48    amended to read as follows:
                                                                        
 49        42-5259.  PARTICIPATION  BY  NONMEMBER  IN  DISTRICT SOLELY FOR MITIGATION
                                                                        
                                           12
                                                                        
  1    PURPOSES. (1) Upon written request from a ground water user who is not a  mem-
  2    ber of a district, and regardless of whether such user is an irrigator, a dis-
  3    trict  board  of directors shall enter a contract with such nonmember pursuant
  4    to which the nonmember shall be allowed to participate fully  in,  and  obtain
  5    all  benefits  of,  any mitigation plan, purpose or activity the district cur-
  6    rently has in force or is developing, provided that:
  7        (1a)  The board finds that the plan is likely to be effective in  mitigat-
  8        ing  the  effects of such nonmember's ground water use, and that including
  9        the nonmember within the mitigation plan's coverage will  not  impair  the
 10        plan's effectiveness as to district members;
 11        (2b)  If the district's mitigation plan has been approved by the director,
 12        the  board shall evaluate the contract request in accordance with any con-
 13        ditions of the district's mitigation plan which address equitable partici-
 14        pation by ground water users who do not initially participate in such mit-
 15        igation plan;
 16        (3c)  Before the contract may be effective, the board may collect from the
 17        nonmember  a  payment  adequate  to  compensate  the  district   for   the
 18        nonmember's  proportional  share  of  the  costs  the district already has
 19        incurred in developing and implementing the mitigation plan;
 20        (4d)  The board may include in the contract a provision requiring the non-
 21        member to pay a reasonable surcharge, either annually  or  on  some  other
 22        basis,  to  reimburse the district for such nonmember's proportional share
 23        of those past or future costs of operating the  district  attributable  to
 24        formulating or implementing the mitigation plan or plans in which the non-
 25        member is participating;
 26        (5e)  The  board  may  require the nonmember to provide security to assure
 27        the payment of all assessments and charges related to the contract;
 28        (6f)  Nothing in this section shall be interpreted to limit the district's
 29        ability to enter into a contract with nonmembers  pursuant  to  terms  and
 30        conditions acceptable to both parties.
 31        (2)  If  the  legislature  has provided by law that the holders of certain
 32    ground water rights not otherwise covered by a mitigation plan approved by the
 33    director of the department of water resources shall be deemed  nonmember  par-
 34    ticipants  in  the  district solely for mitigation purposes, then the district
 35    may collect a proportional share of the costs incurred  under  the  mitigation
 36    plan from the nonmember participants, as follows:
 37        (a)  The  board may collect from each nonmember participant a payment ade-
 38        quate to compensate the district for the nonmember's proportional share of
 39        the past itemized costs the district has incurred in developing and imple-
 40        menting the mitigation plan;
 41        (b)  The board may require the nonmember to pay  a  reasonable  surcharge,
 42        either  annually or on some other basis, to reimburse the district for the
 43        nonmember's proportional share of those past or future itemized  costs  of
 44        operating  the  district  attributable  to formulating or implementing the
 45        mitigation plan or plans in which the nonmember is participating;
 46        (c)  The board may require that the nonmember pay the amounts  owed  under
 47        this  section before coverage under the mitigation plan is effective, pro-
 48        vided the board has notified the nonmember by mail of the amount  owed  at
 49        least forty-two (42) days prior to the due date;
 50        (d)  As  an alternative to immediate payment of the amount owed, the board
 51        may accept security from the nonmember to assure that payment of all costs
 52        and charges owed by the nonmember under this section shall be  paid  by  a
 53        fixed later date;
 54        (e)  Nothing  in this section shall be interpreted to limit the district's
 55        ability to enter into a contract with nonmembers  pursuant  to  terms  and
                                                                        
                                           13
                                                                        
  1        conditions acceptable to both parties;
  2        (f)  The  board  shall have the right to collect any costs and charges due
  3        and unpaid under this section by civil action brought in the name  of  the
  4        district in any court of competent jurisdiction. In addition to the amount
  5        found due, together with interest and costs, the district also may recover
  6        such  sum  as  the court may adjudge reasonable as attorney's fees in said
  7        action.
                                                                        
  8        SECTION 19.  SEVERABILITY. The provisions of this act are hereby  declared
  9    to  be  severable  and if any provision of this act or the application of such
 10    provision to any person or circumstance is declared invalid  for  any  reason,
 11    such  declaration  shall  not affect the validity of the remaining portions of
 12    this act.
                                                                        
 13        SECTION 20.  An emergency existing therefor,  which  emergency  is  hereby
 14    declared to exist, this act shall be in full force and effect on and after its
 15    passage and approval.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 15226

This legislation proposes four changes to Chapter 52, Title 42,
Idaho Code. The first change would allow for the election of two
directors-at-large by a two-thirds majority at the annual meeting
of a Ground Water District. The intent is to allow broader
decision-bases in those districts where the demographics do not
support seven directors.
     The second change would allow ground water districts to
increase their indebtedness from 10 to 30 years under 42-5233,
Idaho Code.
     The third change addresses several concerns relating to the
operation of Ground Water Districts. Existing law would be
amended to provide that a delinquent assessment list be
acknowledged by the district treasurer before it is filed with
the county recorder, and that upon payment of a delinquent
assessment the treasurer also files notice of the payment with
the county recorder. The legislation provides a procedure through
which a Ground Water District will collect mitigation costs from
nonmember participants. The legislature has provided by previous
law that the holders of certain ground water rights not otherwise
covered by a mitigation plan shall be deemed nonmember
participants in the district solely for mitigation purposes.
     The fourth change enables the director of IDWR to review the
charges for nonmember participants on the basis of other
mitigation costs and apportionment of those assessments and costs
among all district members.

     
                           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 covered under a mitigation plan.




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 394