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H0312......................................................by STATE AFFAIRS
GROUND WATER DISTRICTS - Amends existing law relating to ground water
districts to require treasurers to file acknowledged notices of payment of
delinquent assessments and penalties with county recorders; to prohibit
participation in mitigation plans for nonpayment of mitigation costs; to
authorize the director to require districts to provide accountings; to
authorize the director to adjust charges determined to be inappropriately
charged to nonmember participants; and to authorize ground water district
boards to collect proportional shares of costs incurred under mitigation
plans from holders of 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.
03/09 House intro - 1st rdg - to printing
03/10 Rpt prt - to Res/Con
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/23 Ret'd to Res/Con
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 312
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO GROUND WATER DISTRICTS; AMENDING SECTION 42-5242, IDAHO CODE, TO
3 PROVIDE FOR ACKNOWLEDGMENT OF DELINQUENT ASSESSMENT LISTS BY GROUND WATER
4 DISTRICT TREASURERS AND TO REQUIRE TREASURERS TO FILE CERTAIN ACKNOWLEDGED
5 NOTICES OF PAYMENT OF DELINQUENT ASSESSMENTS AND PENALTIES WITH SPECIFIED
6 COUNTY RECORDERS; AMENDING SECTION 42-5244, IDAHO CODE, TO PROHIBIT PAR-
7 TICIPATION IN MITIGATION PLANS FOR NONPAYMENT OF CERTAIN MITIGATION COSTS,
8 TO REQUIRE GROUND WATER DISTRICTS TO PROVIDE THE DIRECTOR OF THE DEPART-
9 MENT OF WATER RESOURCES WITH REPORTS OF CERTAIN PAST DUE MITIGATION COSTS,
10 TO AUTHORIZE THE DIRECTOR TO REQUIRE DISTRICTS TO PROVIDE CERTAIN ACCOUNT-
11 INGS, TO AUTHORIZE THE DIRECTOR TO ADJUST CHARGES DETERMINED BY THE DIREC-
12 TOR TO BE INAPPROPRIATELY CHARGED TO NONMEMBER PARTICIPANTS AND TO REQUIRE
13 THE DISTRICTS TO INFORM THE DIRECTOR IMMEDIATELY UPON PAYMENT OF CERTAIN
14 PAST DUE MITIGATION COSTS; AND AMENDING SECTION 42-5259, IDAHO CODE, TO
15 AUTHORIZE GROUND WATER DISTRICT BOARDS TO COLLECT PROPORTIONAL SHARES OF
16 COSTS INCURRED UNDER MITIGATION PLANS FROM HOLDERS OF CERTAIN GROUND WATER
17 RIGHTS WHERE THE LEGISLATURE HAS PROVIDED BY LAW THAT SUCH HOLDERS ARE TO
18 BE DEEMED NONMEMBER PARTICIPANTS IN THE DISTRICT SOLELY FOR MITIGATION
19 PURPOSES AND TO PROVIDE GUIDELINES.
20 Be It Enacted by the Legislature of the State of Idaho:
21 SECTION 1. 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
2
1 payment of delinquent assessments with the county recorders, as required, on
2 at least a monthly basis.
3 SECTION 2. That Section 42-5244, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 42-5244. PROHIBITION AGAINST PARTICIPATION IN MITIGATION PLAN WHEN SUB-
6 JECT TO DELINQUENT ASSESSMENT OR FOR NONPAYMENT OF OTHER MITIGATION COSTS. A
7 ground water user who is delinquent in the payment of any assessment against
8 his water use under this chapter, or who has failed to pay other mitigation
9 costs owed to the district when due, is prohibited from being a participant in
10 any mitigation plan until such delinquent assessment, or other past due amount
11 owed for mitigation costs, is paid in full. The district shall provide the
12 director a report of such delinquent assessments, or other past due mitigation
13 costs, at the first of each month for purposes of enforcement. Prior to under-
14 taking enforcement, the director may require from the district an accounting
15 of the basis for the assessment and other mitigation costs and the apportion-
16 ment of those assessments and costs among district members and nonmember par-
17 ticipants. Should the director determine that certain mitigation costs have
18 been inappropriately charged to nonmember participants, the director may
19 adjust the charges accordingly. The district shall inform the director immedi-
20 ately upon the payment of any such delinquent assessment, or other past due
21 mitigation costs. This section shall be enforced by the watermaster within
22 water districts established under chapter 6 of this title, and by the director
23 pursuant to sections 42-351 and 42-1701B, Idaho Code, in areas outside of such
24 water district.
25 SECTION 3. That Section 42-5259, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 42-5259. PARTICIPATION BY NONMEMBER IN DISTRICT SOLELY FOR MITIGATION
28 PURPOSES. (1) Upon written request from a ground water user who is not a mem-
29 ber of a district, and regardless of whether such user is an irrigator, a dis-
30 trict board of directors shall enter a contract with such nonmember pursuant
31 to which the nonmember shall be allowed to participate fully in, and obtain
32 all benefits of, any mitigation plan, purpose or activity the district cur-
33 rently has in force or is developing, provided that:
34 (1a) The board finds that the plan is likely to be effective in mitigat-
35 ing the effects of such nonmember's ground water use, and that including
36 the nonmember within the mitigation plan's coverage will not impair the
37 plan's effectiveness as to district members;
38 (2b) If the district's mitigation plan has been approved by the director,
39 the board shall evaluate the contract request in accordance with any con-
40 ditions of the district's mitigation plan which address equitable partici-
41 pation by ground water users who do not initially participate in such mit-
42 igation plan;
43 (3c) Before the contract may be effective, the board may collect from the
44 nonmember a payment adequate to compensate the district for the
45 nonmember's proportional share of the costs the district already has
46 incurred in developing and implementing the mitigation plan;
47 (4d) The board may include in the contract a provision requiring the non-
48 member to pay a reasonable surcharge, either annually or on some other
49 basis, to reimburse the district for such nonmember's proportional share
50 of those past or future costs of operating the district attributable to
51 formulating or implementing the mitigation plan or plans in which the non-
3
1 member is participating;
2 (5e) The board may require the nonmember to provide security to assure
3 the payment of all assessments and charges related to the contract;
4 (6f) Nothing in this section shall be interpreted to limit the district's
5 ability to enter into a contract with nonmembers pursuant to terms and
6 conditions acceptable to both parties.
7 (2) If the legislature has provided by law that the holders of certain
8 ground water rights not otherwise covered by a mitigation plan approved by the
9 director of the department of water resources shall be deemed nonmember par-
10 ticipants in the district solely for mitigation purposes, then the district
11 may collect a proportional share of the costs incurred under the mitigation
12 plan from the nonmember participants, as follows:
13 (a) The board may collect from each nonmember participant a payment ade-
14 quate to compensate the district for the nonmember's proportional share of
15 the past itemized costs the district has incurred in developing and imple-
16 menting the mitigation plan;
17 (b) The board may require the nonmember to pay a reasonable surcharge,
18 either annually or on some other basis, to reimburse the district for the
19 nonmember's proportional share of those past or future itemized costs of
20 operating the district attributable to formulating or implementing the
21 mitigation plan or plans in which the nonmember is participating;
22 (c) The board may require that the nonmember pay the amounts owed under
23 this section before coverage under the mitigation plan is effective, pro-
24 vided the board has notified the nonmember by mail of the amount owed at
25 least forty-two (42) days prior to the due date;
26 (d) As an alternative to immediate payment of the amount owed, the board
27 may accept security from the nonmember to assure that payment of all costs
28 and charges owed by the nonmember under this section shall be paid by a
29 fixed later date;
30 (e) Nothing in this section shall be interpreted to limit the district's
31 ability to enter into a contract with nonmembers pursuant to terms and
32 conditions acceptable to both parties;
33 (f) The board shall have the right to collect any costs and charges due
34 and unpaid under this section by civil action brought in the name of the
35 district in any court of competent jurisdiction. In addition to the amount
36 found due, together with interest and costs, the district also may recover
37 such sum as the court may adjudge reasonable as attorney's fees in said
38 action.
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STATEMENT OF PURPOSE
RS 15130
The purpose of this legislation is to address several concerns
related to the operation of Ground Water Districts established
and operating under the provisions of Chapter 52, Title 42, Idaho
Code. The legislation amends existing law 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 that a nonmember of a Ground Water District is
prohibited from participating in an approved district mitigation
plan until the nonmember has paid any past due mitigation costs.
The legislation provides a procedure for district collection of
mitigation costs from nonmember participants when the legislature
has provided by 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.
FISCAL NOTE
Enactment of this legislation will have no effect upon the
state's general fund or other state or local funds.
Contact
Name: Representative John A. Stevenson
Phone: 332-1000
Name: Lynn Tominaga, Idaho Ground Water Appropriators, Inc.
Phone: 381-0294
STATEMENT OF PURPOSE/FISCAL NOTE H 312