2005 Legislation
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HOUSE BILL NO. 372 – Ground water dist, members

HOUSE BILL NO. 372

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H0372aa...................................................by WAYS AND MEANS
GROUND WATER DISTRICTS - Amends existing law relating to ground water
districts to provide for the inclusion or exclusion of lands of certain
ground water users in districts; to revise provisions relating to the
qualification of voters for district elections; to provide that specified
ground water users shall be considered members of districts and subject to
certain assessments; to provide for hearings, notice, orders, appeals and
conclusiveness; to provide for directors at large; to authorize district
boards to incur indebtedness on behalf of the district; to authorize ground
water boards to levy assessments that adjust a member's proportionate share
to take into consideration individual mitigation plans; to provide that the
term for indebtedness relating to the funding of mitigation plans shall not
exceed thirty years; to provide requirements for the treasurer relating to
delinquent assessments and penalties; to prohibit the participation in
mitigation plans for nonpayment of mitigation costs when due until paid in
full; to require districts to provide the director of the Department of
Water Resources with a report of past due mitigation costs and to inform
the director upon payment of such costs; to authorize the director to
require districts to provide accountings; to revise provisions relating to
the annexation of the lands and/or facilities of certain users of ground
water into districts and related assessments; to provide for petitions for
exclusion of lands, action on such petitions and assessments and
obligations related to excluded lands; to provide that certain irrigation
districts shall be included in ground water districts only upon filing of a
petition for annexation; and to provide for severability.
                                                                        
03/22    House intro - 1st rdg - to printing
03/23    Rpt prt - to Res/Con
03/24    Rpt out - to Gen Ord
    Rpt out amen - to engros
03/28    Rpt engros - 1st rdg - to 2nd rdg as amen
03/29    2nd rdg - to 3rd rdg as amen
    Ret'd 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. 372
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO GROUND WATER DISTRICTS; AMENDING SECTION 42-5201, IDAHO  CODE,  TO
  3        REVISE  DEFINITIONS;  AMENDING SECTION 42-5207, IDAHO CODE, TO PROVIDE FOR
  4        THE INCLUSION OR EXCLUSION OF LANDS  OF  CERTAIN  GROUND  WATER  USERS  IN
  5        GROUND  WATER  DISTRICTS;  AMENDING SECTION 42-5210, IDAHO CODE, TO REVISE
  6        GROUND WATER DISTRICT VOTER  QUALIFICATION  PROVISIONS  FOR  GROUND  WATER
  7        USERS,  TO  PROVIDE FOR VOTES OF CITY GOVERNMENTS AND TO PROVIDE A CORRECT
  8        CODE REFERENCE; AMENDING SECTION 42-5212, IDAHO CODE, TO PROVIDE A CORRECT
  9        CODE REFERENCE AND  TO  MAKE  A  TECHNICAL  CORRECTION;  AMENDING  SECTION
 10        42-5214,  IDAHO  CODE, TO REVISE PROVISIONS RELATING TO GROUND WATER USERS
 11        TO BE CONSIDERED MEMBERS OF GROUND WATER DISTRICTS AND SUBJECT TO  CERTAIN
 12        ASSESSMENTS, TO PROVIDE AN EFFECTIVE DATE OF MEMBERSHIP FOR CERTAIN USERS,
 13        TO  PROVIDE THAT CERTAIN PERSONS WHO BECOME ENTITLED TO APPROPRIATE OR WHO
 14        APPROPRIATE GROUND WATER AFTER THE FORMATION OF A  GROUND  WATER  DISTRICT
 15        SHALL  BE DEEMED INCLUDED IN THE DISTRICT AND SUBJECT TO ASSESSMENTS AS OF
 16        A PARTICULAR DATE AND TO PROVIDE A CORRECT CODE REFERENCE;  AMENDING  SEC-
 17        TION  42-5219,  IDAHO  CODE,  TO REDESIGNATE THE SECTION; AMENDING SECTION
 18        42-5220, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 42-5221,
 19        IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING  SECTION  42-5222,  IDAHO
 20        CODE,  TO  REDESIGNATE  THE  SECTION; AMENDING CHAPTER 52, TITLE 42, IDAHO
 21        CODE, BY THE ADDITION OF A NEW SECTION 42-5219, IDAHO CODE, TO PROVIDE FOR
 22        DIRECTORS AT LARGE; AMENDING SECTION 42-5224,  IDAHO  CODE,  TO  AUTHORIZE
 23        GROUND  WATER DISTRICT BOARDS OF DIRECTORS TO INCUR SPECIFIED INDEBTEDNESS
 24        ON BEHALF OF THE DISTRICT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
 25        TION 42-5232, IDAHO CODE, TO REVISE PROVISIONS RELATING  TO  THE  LEVY  OF
 26        ASSESSMENTS;  AMENDING  SECTION  42-5233,  IDAHO CODE, TO PROVIDE THAT THE
 27        TERM FOR INDEBTEDNESS RELATING TO THE FUNDING OF  MITIGATION  PLANS  SHALL
 28        NOT  EXCEED THIRTY YEARS; AMENDING SECTION 42-5242, IDAHO CODE, TO PROVIDE
 29        THAT DELINQUENT ASSESSMENT LISTS SHALL  BE  DULY  ACKNOWLEDGED  BY  GROUND
 30        WATER  DISTRICT  TREASURERS  AND TO PROVIDE REQUIREMENTS FOR THE TREASURER
 31        RELATING TO PAYMENTS IN FULL  OF  DELINQUENT  ASSESSMENTS  AND  PENALTIES;
 32        AMENDING  SECTION  42-5244,  IDAHO  CODE, TO PROHIBIT THE PARTICIPATION IN
 33        MITIGATION PLANS FOR NONPAYMENT OF CERTAIN MITIGATION COSTS WHEN DUE UNTIL
 34        PAID IN FULL, TO REQUIRE GROUND WATER DISTRICTS TO PROVIDE THE DIRECTOR OF
 35        THE DEPARTMENT OF WATER RESOURCES WITH A REPORT  OF  PAST  DUE  MITIGATION
 36        COSTS, TO AUTHORIZE THE DIRECTOR TO REQUIRE GROUND WATER DISTRICTS TO PRO-
 37        VIDE  CERTAIN  ACCOUNTINGS AND TO REQUIRE GROUND WATER DISTRICTS TO INFORM
 38        THE DIRECTOR IMMEDIATELY UPON PAYMENT OF PAST DUE MITIGATION COSTS; AMEND-
 39        ING SECTION 42-5245, IDAHO CODE, TO  REVISE  PROVISIONS  RELATING  TO  THE
 40        ANNEXATION OF THE LANDS AND/OR FACILITIES OF CERTAIN USERS OF GROUND WATER
 41        INTO  GROUND  WATER  DISTRICTS;  AMENDING  SECTION 42-5248, IDAHO CODE, TO
 42        REVISE PROVISIONS RELATING TO ASSESSMENTS AGAINST ANNEXED LANDS;  AMENDING
 43        SECTION 42-5251, IDAHO CODE, TO PROVIDE FOR ACTION ON PETITIONS FOR EXCLU-
 44        SION  OF  LANDS FROM GROUND WATER DISTRICTS BY DISTRICT BOARDS, TO PROVIDE
 45        REQUIREMENTS FOR PETITIONS FOR EXCLUSION OF LANDS AND TO PROVIDE  REQUIRE-
 46        MENTS  RELATING TO ACTIONS ON PETITIONS FOR EXCLUSION OF LANDS BY DISTRICT
                                                                        
                                           2
                                                                        
  1        BOARDS; AMENDING SECTION  42-5252,  IDAHO  CODE,  TO  REVISE  REQUIREMENTS
  2        RELATING TO CONTENTS OF PETITIONS FOR EXCLUSION OF LANDS AND/OR FACILITIES
  3        FROM  GROUND  WATER  DISTRICTS;  AMENDING  SECTION 42-5253, IDAHO CODE, TO
  4        REVISE PROVISIONS AND REQUIREMENTS RELATING  TO  ORDERS  OF  EXCLUSION  OF
  5        LANDS  FROM  GROUND WATER DISTRICTS; AMENDING SECTION 42-5256, IDAHO CODE,
  6        TO PROVIDE FOR FILING OF ANY DECISIONS OR ORDERS IN THE OFFICE  OF  SPECI-
  7        FIED  COUNTY  RECORDERS;  AMENDING SECTION 42-5257, IDAHO CODE, TO PROVIDE
  8        THAT LAND AND/OR FACILITIES FULLY EXCLUDED  FROM  GROUND  WATER  DISTRICTS
  9        SHALL  BE SUBJECT TO CERTAIN ASSESSMENTS AND OBLIGATIONS; AMENDING SECTION
 10        42-5259, IDAHO CODE, TO DELETE A REFERENCE TO IRRIGATORS;  REPEALING  SEC-
 11        TION  42-5276,  IDAHO CODE; PROVIDING SEVERABILITY; AND DECLARING AN EMER-
 12        GENCY.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Section 42-5201, Idaho Code, be, and the same  is  hereby
 15    amended to read as follows:
                                                                        
 16        42-5201.  SHORT  TITLE  -- TITLE OF DISTRICTS -- DEFINITIONS. This chapter
 17    is known as the "Ground Water District Act"; the districts  created  hereunder
 18    may be termed "ground water districts."  When used in this chapter, and unless
 19    otherwise specified, the following terms shall be defined as follows:
 20        (1)  "Board" means the board of directors of a ground water district orga-
 21    nized pursuant to this chapter.
 22        (2)  "Corporation" means a corporation or limited liability company.
 23        (3)  "County  commission"  means  the board of county commissioners or any
 24    other governing board or authority for a county, as provided by law.
 25        (4)  "Department" means the Idaho department of water resources.
 26        (5)  "Director" means the director of the department of water resources.
 27        (6)  "District" means a ground water district established, or to be estab-
 28    lished, pursuant to this chapter.
 29        (7)  "Ground water" when used in this chapter means water under  the  sur-
 30    face  of  the  ground  whatever  may  be the geologic structure in which it is
 31    standing or moving, as provided in section 42-230(a), Idaho Code.
 32        (8)  "Ground water user" means the legal or beneficial owner of  a  ground
 33    water right, or the user of a ground water right pursuant to lease or contract
 34    of  a  ground water right to divert ground water of the state for a beneficial
 35    use or purpose, except for those diverting under rights used solely for domes-
 36    tic or stock use as defined by sections 42-111 and  42-1401A,  Idaho  Code.  A
 37    ground  water  user  is  within the boundary of a ground water district if the
 38    well or other point of diversion used by that ground water user is within  the
 39    boundary. A husband and wife together diverting ground water pursuant to right
 40    shall  constitute one (1) ground water user. Ground water user includes both a
 41    ground water irrigator and a nonirrigator as defined in this chapter.
 42        (9)  "Ground water irrigator" means a ground water user holding  a  ground
 43    water right for irrigation purposes within a ground water district.
 44        (10) "Land"  or  "lands,"  when  used  in the context of the property of a
 45    ground water user subject to district assessment under this chapter, means the
 46    real property where ground water is diverted  or  placed  to  beneficial  use,
 47    including the facilities in or through which a ground water user makes benefi-
 48    cial use of ground waters.
 49        (11) "Nonirrigator" means a ground water user holding a ground water right
 50    for  commercial,  municipal, or industrial purposes within a ground water dis-
 51    trict. A ground water user will be deemed a nonirrigator for purposes of  this
 52    chapter  even though: (a) some component of the user's ground water use is for
                                                                        
                                           3
                                                                        
  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        (120) "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        (131) "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        (142) "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        (153) "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        (164) "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.
                                                                        
 26        SECTION 2.  That Section 42-5207, Idaho Code, be, and the same  is  hereby
 27    amended to read as follows:
                                                                        
 28        42-5207.  ORGANIZATION HEARING BEFORE COUNTY COMMISSION -- ORDER OF COUNTY
 29    COMMISSION.  (1)  After  receiving  the  report  of  the  department  of water
 30    resources, the county commission shall conduct a hearing on the  petition.  If
 31    the  county commission determines that the requisite number of signatures were
 32    not gathered on the petition, the board shall adjourn the hearings for two (2)
 33    weeks for the purpose of enabling the petitioners to gather additional  signa-
 34    tures.  The  petitioners  may amend the boundaries of the proposed district at
 35    the hearing to include or exclude lands of those ground water irrigators users
 36    who provide written notice or who appear at the hearing requesting that  their
 37    lands  be  either  included  or  excluded,  to meet the recommendations of the
 38    department, or as they may find advisable to achieve suitable district  bound-
 39    aries.  The  county commission shall accept any additional nominations of per-
 40    sons to be directors at the hearing or the nominations may be filed  with  the
 41    county clerk.  The nominations must be signed by at least six (6) ground water
 42    users from the proposed district.
 43        (2)  When  the  county commission has determined to proceed with the peti-
 44    tion, it may adjourn the hearing from time to time,  not  exceeding  four  (4)
 45    weeks in all, and on final hearing, the county commission:
 46        (a)  May  make  such  other changes in the proposed boundaries of the dis-
 47        trict and divisions within the district as it may find proper; and
 48        (b)  Shall make an order on its records describing the area which it shall
 49        have determined to include in the district,  and  stating  that  lands  of
 50        ground  water users within such area will be organized into a ground water
 51        district if the vote of the electors accepts organization of the district.
 52        (3)  The county commission shall notify the department of the final action
 53    by mailing or faxing a copy of the order to the department  within  seven  (7)
                                                                        
                                           4
                                                                        
  1    days  of  the board's decision. If the boundaries of the proposed ground water
  2    district differ from the boundaries contained  in  the  department's  original
  3    report,  the department shall prepare a revised list of the ground water users
  4    within such proposed district by name, address,  ground  water  right  number,
  5    point  of  diversion,  and  cubic  feet  per second per ground water right and
  6    return it to the county commission.
                                                                        
  7        SECTION 3.  That Section 42-5210, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        42-5210.  QUALIFICATIONS  OF VOTERS FOR DISTRICT ELECTIONS. (1) Any ground
 10    water irrigator, and any nonirrigator who is a member for all  purposes,  user
 11    within  the  proposed  district shall be entitled to vote at any election held
 12    under the provisions of this chapter. The production  of  documentation  of  a
 13    water  right as described in section 42-5201(164), Idaho Code, shall be suffi-
 14    cient evidence of ground water use for purposes of acting as an elector  under
 15    this  chapter.  A representative of a ground water user shall be so designated
 16    by written proxy signed by the ground water user except that  the  vote  of  a
 17    state,  city or county government may be cast by an elected or appointed offi-
 18    cial of the agency, or his designee. A corporation or partnership  shall  vote
 19    or  otherwise  act by a single individual who is authorized by the corporation
 20    or partnership to act on its behalf.  A corporation or partnership  must  fur-
 21    nish  the  election  officials  a  written designation stating the name of the
 22    individual who is authorized to vote and otherwise act for the corporation  or
 23    partnership.
 24        (2)  Any  ground  water user who becomes a member of a district solely for
 25    mitigation purposes:
 26        (a)  Shall be entitled to vote only in those district elections concerning
 27        whether to incur indebtedness as specified in section 42-5234, Idaho Code;
 28        and
 29        (b)  Shall be ineligible to nominate directors or  officers  of  the  dis-
 30        trict,  to  serve  in  such capacities, or otherwise to participate in the
 31        governance of the district.
 32        (3)  A nonirrigator may participate in the election to determine whether a
 33    district will be formed only according to the following provisions:
 34        (a)  The nonirrigator shall notify the judges of election  in  writing  at
 35        least  ten  (10)  working days prior to the date of the election that such
 36        person supports the formation of the district, elects to become  either  a
 37        member  for  all  purposes,  or  a  member only for mitigation purposes as
 38        described in section 42-5214, Idaho Code, should it  be  formed,  and,  by
 39        such notice, casts its vote(s) in favor of formation.
 40        (b)  The  notification  shall  contain  a  legal  description  of the land
 41        through which the nonirrigator places ground waters to beneficial  use,  a
 42        statement  of the amount of such person's ground water right in cubic feet
 43        per second of diversions, and a copy of the ground water right  documenta-
 44        tion described in section 42-5201(16), Idaho Code.
 45        (c)  Once  the judges of election have accepted the notification described
 46        in  subsection  (3)(b)  of  this  section,  they  shall  duly  record  the
 47        nonirrigator's vote(s) in favor of district formation in the canvassing of
 48        votes carried out pursuant to section 42-5213, Idaho Code.
 49        (d)  If  the  voting  results  in  the  formation  of  the  district,  the
 50        nonirrigator who provided such notification thereafter  shall  be  a  full
 51        member  or  member for mitigation purposes of such district, whichever the
 52        case may be, and shall  have  all  obligations,  rights,  and  limitations
 53        attaching thereto.
                                                                        
                                           5
                                                                        
  1        (4)  Each  ground  water  user shall have one (1) vote for each cubic foot
  2    per second, or proportion thereof (rounded to the nearest  tenth  of  a  cubic
  3    foot  per second), for which such ground water user holds a ground water right
  4    whose point of diversion is within the proposed district boundaries.
                                                                        
  5        SECTION 4.  That Section 42-5212, Idaho Code, be, and the same  is  hereby
  6    amended to read as follows:
                                                                        
  7        42-5212.  REGISTRATION  NOT REQUIRED. No registration shall be required in
  8    any ground water district election, but in lieu thereof the judges of election
  9    shall require every elector to subscribe to an elector's oath as  prerequisite
 10    to  casting his vote, and such oath shall be the usual elector's oath with the
 11    following words added thereto, "I am a resident of .......... county, and I am
 12    a ground water user within the ....... (proposed) ground water district, or  I
 13    am  a  representative  of  a  ground  water user within the ....... (proposed)
 14    ground water district" and present evidence of such ground water use  pursuant
 15    to section 42-5201(164), Idaho Code, if they do not appear on the department's
 16    list as provided in section 42-5206, Idaho Code.
                                                                        
 17        SECTION  5.  That  Section 42-5214, Idaho Code, be, and the same is hereby
 18    amended to read as follows:
                                                                        
 19        42-5214.  GROUND WATER USERS INCLUDED WITHIN THE DISTRICT. (1) All  ground
 20    water  irrigators  users  within the boundaries of the district are members of
 21    the district and subject to assessments, rights  and  responsibilities  estab-
 22    lished  by  the  district  as  set  forth in this chapter, notwithstanding any
 23    change in the ownership or control of the property of the water user,  whether
 24    by  way of transfer, exchange, conveyance, assignment, lease, or otherwise, to
 25    which the water right or rights used to determine assessments are appurtenant,
 26    unless excluded  from  the  district  pursuant  to  sections  42-5251  through
 27    42-5257,  Idaho  Code. Any ground water user who, due to the type of use being
 28    made of water under the user's water right, previously was not a member as  of
 29    March  31,  2005,  shall  be  included as a member effective on and after such
 30    date.
 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, aAny 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
                                                                        
                                           6
                                                                        
  1    either  directly  or  indirectly  by  the  district as of the date the permit,
  2    license, or entitlement is acquired.
                                                                        
  3        SECTION 6.  That Section 42-5219, Idaho Code, be, and the same  is  hereby
  4    amended to read as follows:
                                                                        
  5        42-52198A.  WHEN  ELECTION NOT REQUIRED. In any election for directors if,
  6    after the expiration of the date for filing written nominations for the office
  7    of director, it appears that only one (1) qualified candidate has  been  nomi-
  8    nated  thereby  for  each  position to be filled, it shall not be necessary to
  9    hold an election, and the board of directors shall, within five (5) days after
 10    expiration of the date for filing written nominations, declare such  candidate
 11    elected  as  director. The procedure set forth in this section shall not apply
 12    to any other district election.
                                                                        
 13        SECTION 7.  That Section 42-5220, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        42-522018B.  NOTICE  OF ELECTION. The secretary of the district shall give
 16    notice of all elections in the district by posting the same in five (5) public
 17    places in each county in which a part of the district is situated and  in  the
 18    office  of  the  board  of directors at least four (4) weeks before the day of
 19    such election, or by publication of the notice once a week for four  (4)  suc-
 20    cessive  weeks in a newspaper or newspapers published in each of said counties
 21    or in a newspaper of general circulation therein. Notices shall state the time
 22    of the election and the location of polling places within the district and the
 23    directors to be elected or other question to be voted upon, as  the  case  may
 24    be.
                                                                        
 25        SECTION  8.  That  Section 42-5221, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        42-52218C.  CONDUCT OF ELECTIONS.  The  election  shall  be  conducted  as
 28    nearly  as  practicable in accordance with the general laws of the state; pro-
 29    vided that no particular form of ballot shall be required and  the  provisions
 30    of  the  election  laws  as  to the form and distribution of ballots shall not
 31    apply and each ballot must indicate the number of cubic feet per second  asso-
 32    ciated  with  the  ballot cast. The board of directors shall designate polling
 33    places in such number as it may deem necessary. At least ten (10) days  before
 34    the  holding  of  any  election, the board shall appoint three (3) electors to
 35    serve as judges of election at each polling place. The  judges  shall  perform
 36    the  same  duties  as  near as may be, as judges of election under the general
 37    laws of the state. Immediately after the  election,  the  judges  of  election
 38    shall forward the official results to the secretary of the district.
                                                                        
 39        SECTION  9.  That  Section 42-5222, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        42-522218D.  CANVASS OF RETURNS -- DECLARATION OF WINNERS.  On  the  first
 42    Monday after each election, or at a time designated by the board of directors,
 43    the  board shall meet at its usual place of meeting and proceed to canvass the
 44    returns. By order entered on its minutes, the board shall declare elected  the
 45    person or persons having the highest number of votes for each office.
                                                                        
 46        SECTION  10.  That  Chapter  52, Title 42, Idaho Code, be, and the same is
                                                                        
                                           7
                                                                        
  1    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  2    ignated as Section 42-5219, Idaho Code, and to read as follows:
                                                                        
  3        42-5219.  DIRECTORS  AT LARGE. In the event a district is divided into six
  4    (6) or fewer divisions, the district is authorized to elect one (1) to two (2)
  5    directors at large. Directors at large shall be elected at the annual  meeting
  6    of  the  district by a two-thirds (2/3) majority of the members present at the
  7    meeting. Every director at large elected pursuant to the  provisions  of  this
  8    section shall be a ground water user in the district. Directors at large shall
  9    hold office for a term of two (2) years, or until their successors are elected
 10    and  qualified.  Provided however, that in no event shall a district have more
 11    than a total of seven (7) directors serving at any time whether elected pursu-
 12    ant to the provisions of section 42-5218, Idaho Code, or pursuant to this sec-
 13    tion.
                                                                        
 14        SECTION 11.  That Section 42-5224, Idaho Code, be, and the same is  hereby
 15    amended to read as follows:
                                                                        
 16        42-5224.  POWERS  AND  DUTIES  OF  BOARD OF DIRECTORS. The board shall, in
 17    addition to any other powers and duties provided in this chapter, and provided
 18    that nothing in this chapter shall abrogate or impair the right of any  person
 19    to  take  any  action  necessary  to acquire, protect, challenge or defend any
 20    water right, have the following powers and duties:
 21        (1)  To acquire, and/or construct, operate, control or use  by  appropria-
 22    tion, grant, purchase, bequest, devise, contract or lease works or facilities,
 23    water  rights,  water permits or licenses, well-drilling permits, wells, pipe-
 24    lines, ditches and any other real and personal property  (including  easements
 25    and rights-of-way) or contract entitlement within or without the district nec-
 26    essary or convenient to fully exercise its powers;
 27        (2)  To  sell, lease, encumber, alienate, or otherwise dispose of works or
 28    facilities,  water,  water  rights,  wells,  pipelines,  ditches,  reservoirs,
 29    recharge facilities, and any other real and personal  property  owned  by  the
 30    district within or without its boundaries, and to incur indebtedness on behalf
 31    of the district as specified in this chapter;
 32        (3)  To  enter  into  contracts and agreements, cooperative and otherwise,
 33    including contracts with the United States of America and any of its  agencies
 34    or  instrumentalities,  and tribes, and contracts with corporations, public or
 35    private, municipalities, or governmental subdivisions necessary or  convenient
 36    to fully exercise its powers;
 37        (4)  To hire and retain agents, employees, engineers, hydrologists, geolo-
 38    gists,  and  attorneys  as  shall  be necessary and convenient to transact the
 39    district's business and to represent the district's interests;
 40        (5)  To levy assessments for the operation of the district  and  its  pro-
 41    grams;
 42        (6)  To represent district members, with respect to their individual water
 43    rights,  in general water rights adjudications and other legal and administra-
 44    tive proceedings or before political bodies, provided that the board may  levy
 45    assessments  for these matters against only those members who have given writ-
 46    ten consent for the representation;
 47        (7)  To represent district members in proceedings or meetings of  a  water
 48    district  established  by  the  director of the department notwithstanding any
 49    provision to the contrary in chapter 6, title 42, Idaho  Code.  Provided  how-
 50    ever, that the board shall not  be authorized to cast a vote in any proceeding
 51    or  meeting  of  a water district established pursuant to chapter 6, title 42,
 52    Idaho Code, on behalf of any district member who has, prior to such proceeding
                                                                        
                                           8
                                                                        
  1    or meeting, given written notice to the board and to the water  district  that
  2    such  district  member  intends to vote on his own behalf, or on behalf of any
  3    district member who attends such meeting or proceeding and intends to vote  on
  4    his  own  behalf.  The board shall provide a verified list of the water rights
  5    that it represents at any water district proceeding or meeting to the chairman
  6    of the water district proceeding or meeting.;
  7        (8)  To appropriate, develop, store, and transport water within the state;
  8        (9)  To acquire stock in  canal  companies,  water  companies,  and  water
  9    users' associations;
 10        (10) To  invest any surplus money in the district treasury pursuant to the
 11    public depository law as contained in chapter 1, title 57, Idaho Code;
 12        (11) To develop, maintain, operate and implement mitigation plans designed
 13    to mitigate any material injury caused by ground water use within the district
 14    upon senior water uses within and/or without the district;
 15        (12) To finance the repair or abandonment of wells  in  the  ground  water
 16    district which have experienced or are experiencing declines in water level or
 17    water  pressures because of reasons including, but not limited to, flow, leak-
 18    age, and waste from  improper  construction,  maintenance,  and  operation  of
 19    wells;
 20        (13) To  have  and exercise the power of eminent domain in the manner pro-
 21    vided by law for the condemnation of private property for  easements,  rights-
 22    of-way,  and  other  rights of access to property necessary to the exercise of
 23    the mitigation powers herein granted, both within and without the district;
 24        (14) To sue and be sued, and be a party to suits, actions and proceedings;
 25        (15) To enter into joint powers agreements and/or memoranda of understand-
 26    ing with other districts, governmental or quasi-public entities;
 27        (16) To develop and acquire water rights for, and operate, aquifer storage
 28    or recharge projects;
 29        (17) To monitor, measure, study, and implement programs in  the  interests
 30    of the district's members regarding the protection of ground water diversions,
 31    depth of water in wells, aquifer water levels and characteristics;
 32        (18) To  adopt  and amend bylaws not in conflict with the constitution and
 33    laws of the state for carrying on the business, objects  and  affairs  of  the
 34    board and of the district and to establish a fiscal year;
 35        (19) To  enter upon land to make surveys, locate district property, works,
 36    or facilities, and to otherwise conduct the affairs of the district;
 37        (20) To make, record and report annually to the director  sufficient  mea-
 38    surements of diversions and water levels of district members to allow the dis-
 39    trict  to be excluded from any water measurements district created pursuant to
 40    sections 42-705 through 42-715, Idaho Code.;
 41        (21) To manage and conduct the affairs of the district  and  to  have  and
 42    exercise  all rights and powers necessary or incidental to or implied from the
 43    specific powers granted herein. Such specific powers shall not  be  considered
 44    as  a limitation upon any power necessary or appropriate to carry out the pur-
 45    poses and intent of this act chapter.
                                                                        
 46        SECTION 12.  That Section 42-5232, Idaho Code, be, and the same is  hereby
 47    amended to read as follows:
                                                                        
 48        42-5232.  LEVY OF ASSESSMENTS. (1) The secretary of the board shall be the
 49    assessor of the district, and on or before August 1 of each year shall prepare
 50    an assessment book containing a full and accurate list of all lands within the
 51    district that are subject to assessment under this chapter.
 52        (2)  At  a regular meeting of the board between August 1 and November 1 of
 53    each year, the board of directors shall determine the amount necessary  to  be
                                                                        
                                           9
                                                                        
  1    raised  for  payment  of the annual payment on any and all indebtedness of the
  2    district for the following year.  Money received in payment  of  such  assess-
  3    ments shall be deposited in a separate fund to be known as the debt retirement
  4    fund.
  5        (3)  The  board shall, in addition, determine the assessments necessary to
  6    pay, without limitation, the expenses of developing, operating or  maintaining
  7    any mitigation plan established by the district and the cost of contracts with
  8    any  person  for mitigation plans, or evaluation of proposed contracts.  Money
  9    received in payment of such assessments shall be deposited in a separate  fund
 10    to be known as the mitigation expense fund.
 11        (4)  The  board shall, in addition, determine the assessments necessary to
 12    pay maintenance and operation of the district not related to mitigation  plans
 13    or purposes. These operation and maintenance duties include making the assess-
 14    ment  book,  giving  notice of assessments and making collections thereof, and
 15    other duties, programs or projects of the district to the extent such  duties,
 16    programs  or  projects  are  not attributable to mitigation plans or purposes.
 17    Money received in payment of such assessments shall be deposited in a separate
 18    fund of the district to be known as the operating expense fund.
 19        (5)  Any ground water user who becomes a member of a district for  mitiga-
 20    tion  purposes shall be subject to no assessment beyond his proportional share
 21    of the costs, including administrative costs and other reasonable expenses, of
 22    any mitigation plan or actions or activities in furtherance of the  district's
 23    mitigation plans or purposes.
 24        (6)  No  assessment  made pursuant to this chapter shall be a lien against
 25    any municipal property.
 26        (76)  Except as otherwise provided in this chapter, each member shall  pay
 27    a  proportionate share of the total of all amounts to be assessed for the pur-
 28    poses aforementioned, which share shall be based on the ratio which the  quan-
 29    tity  of  water the water user is authorized to appropriate under the member's
 30    ground water right(s) bears to the total  quantity  of  water  authorized  for
 31    appropriation  under  the  ground  water rights of all water users in the dis-
 32    trict, provided, that the board shall be entitled  to  levy  assessments  that
 33    adjust  a  member's  proportionate  share  to take into consideration priority
 34    dates, consumptive use under the  members'  respective  ground  water  rights,
 35    other attributes of the ground water rights appurtenant to the assessed lands,
 36    and/or  the benefits the member derives from a mitigation plan or other activ-
 37    ity of the district.
                                                                        
 38        SECTION 13.  That Section 42-5233, Idaho Code, be, and the same is  hereby
 39    amended to read as follows:
                                                                        
 40        42-5233.  POWER  TO  INCUR INDEBTEDNESS -- ASSESSMENTS TO SECURE REPAYMENT
 41    -- WARRANTS. (1) In order to secure funds for the mitigation plan or plans for
 42    the district, the board of directors  may,  by  resolution  duly  adopted  and
 43    entered  upon the minutes, incur indebtedness by contract with a money lending
 44    institution; provided however, that the term of such  indebtedness  shall  not
 45    exceed ten thirty (130) years. To secure the repayment  of any indebtedness so
 46    incurred,  the  board shall levy assessments over the term of the indebtedness
 47    in amounts sufficient to repay the interest and principal  as  it  falls  due.
 48    Such  assessments  shall  be  levied in the manner and shall be subject to the
 49    limitations set forth in section 42-5232, Idaho Code, and may be  levied  only
 50    if  the  indebtedness  has  been  approved at an election pursuant to sections
 51    42-5234 through 42-5238, Idaho Code.
 52        (2)  Notwithstanding the provisions of subsection (1) of this section, the
 53    board of directors may, before the collection of the first  assessment,  incur
                                                                        
                                           10
                                                                        
  1    indebtedness  for  the  purpose of organization, or for any of the purposes of
  2    this chapter, and cause warrants of the district to issue  therefor,  provided
  3    that the total dollar amount of the warrants authorized to be issued shall not
  4    exceed  one  dollar  ($1.00) for each two-hundredths (.02) of a cubic foot per
  5    second of ground water authorized to be diverted and used upon lands or facil-
  6    ities located within the district.  Following  the  collection  of  the  first
  7    assessment,  the board of directors may at any time issue warrants of the dis-
  8    trict for the purpose of paying claims of indebtedness against  the  district,
  9    including  salaries  of  officers  and employees, not to exceed the district's
 10    anticipated revenue.
 11        (3)  The warrants herein authorized shall be in  form  and  substance  the
 12    same  as county warrants or as nearly the same as may be practicable and shall
 13    be signed by the chairman and attested by the secretary  of  said  board.  All
 14    such warrants shall be presented by the holder thereof to the treasurer of the
 15    district  for  payment  who  shall endorse thereon the day of presentation for
 16    payment with the additional endorsement thereon, in case of  nonpayment,  that
 17    they  are not paid for want of funds, and such warrants shall draw interest at
 18    a rate to be established by the board of directors from the date of their pre-
 19    sentation to the treasurer for payment as aforesaid until  such  warrants  are
 20    paid.  No warrants shall be issued in payment of any indebtedness of such dis-
 21    trict for less than face or par value. It shall be the duty of  the  treasurer
 22    from  time  to  time  when  sufficient funds are available for that purpose to
 23    advertise in a newspaper in the county  in  which  the  district  is  situated
 24    requiring the presentation to the treasurer for payment of as many of the out-
 25    standing warrants as are able to be paid. Ten (10) days after the first publi-
 26    cation of said notice by the treasurer calling in any of said outstanding war-
 27    rants,  said  warrants  shall cease to bear interest, which shall be stated in
 28    the notice. Said notice shall be published two  (2)  weeks  consecutively  and
 29    said warrants shall be called in and paid in the order of their endorsement.
                                                                        
 30        SECTION  14.  That Section 42-5242, Idaho Code, be, and the same is hereby
 31    amended to read as follows:
                                                                        
 32        42-5242.  ENTRY OF DELINQUENT ASSESSMENTS -- FILING OF  DELINQUENCY  LIST.
 33    (1)  On  or  before  the  15th day of January of each year the treasurer shall
 34    enter the amount of all delinquent assessments upon the assessment book, which
 35    entry shall be considered to be dated as of the first  day  of  January.  Such
 36    entry  shall  have the force and effect of a sale to the treasurer of the dis-
 37    trict as grantee in trust for the district of all property to which a lien has
 38    attached as a result of such unpaid assessments.
 39        (2)  The treasurer shall compile a list of such delinquency entries  which
 40    shall  contain  the  names  of the persons or entities to whom the assessments
 41    were directed and  the amount of such delinquent assessments together with the
 42    amount of the penalties to be added thereto. A certified copy  of  the  delin-
 43    quency  list,  duly  acknowledged  by  the  treasurer, shall be filed with the
 44    county recorder of each county in which the properties affected by such delin-
 45    quent assessments are located, and the treasurer shall then provide by  certi-
 46    fied  mail  a  notice of delinquency to each ground water user having a delin-
 47    quent assessment.
 48        (3)  Upon the payment in full of any  delinquent  assessment  and  penalty
 49    that was entered on a recorded delinquency list, the treasurer shall file with
 50    the county recorder of each county in which the list of delinquent assessments
 51    was  recorded  an  acknowledged  notice that the delinquent assessment and any
 52    penalty owed has been paid in full. The treasurer shall file  any  notices  of
 53    payment  of  delinquent assessments with the county recorders, as required, on
                                                                        
                                           11
                                                                        
  1    at least a monthly basis.
                                                                        
  2        SECTION 15.  That Section 42-5244, Idaho Code, be, and the same is  hereby
  3    amended to read as follows:
                                                                        
  4        42-5244.  PROHIBITION  AGAINST  PARTICIPATION IN MITIGATION PLAN WHEN SUB-
  5    JECT TO DELINQUENT ASSESSMENT OR FOR NONPAYMENT OF OTHER MITIGATION  COSTS.  A
  6    ground  water  user who is delinquent in the payment of any assessment against
  7    his water use under this chapter, or who has failed to  pay  other  mitigation
  8    costs owed to the district when due, is prohibited from being a participant in
  9    any mitigation plan until such delinquent assessment, or other past due amount
 10    owed  for  mitigation  costs, is paid in full.  The district shall provide the
 11    director a report of such delinquent assessments, or other past due mitigation
 12    costs, at the first of each month for purposes of enforcement. Prior to under-
 13    taking enforcement, the director may require from the district  an  accounting
 14    of  the basis for the assessment and other mitigation costs and the apportion-
 15    ment of those assessments and costs among district members. The district shall
 16    inform the director immediately  upon  the  payment  of  any  such  delinquent
 17    assessment,  or  other  past  due  mitigation  costs.   This  section shall be
 18    enforced by the watermaster within water districts established under chapter 6
 19    of this title, and by the director pursuant to sections 42-351  and  42-1701B,
 20    Idaho Code, in areas outside of such water district.
                                                                        
 21        SECTION  16.  That Section 42-5245, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        42-5245.  PETITION FOR ANNEXATION OF  LAND.  Any  ground  water  user,  as
 24    defined in section 42-5201(8), Idaho Code, as well as any user of ground water
 25    for  domestic  or  stock use as defined by sections 42-111 and 42-1401A, Idaho
 26    Code, may file with the board a petition in  writing  praying  that  the  land
 27    and/or  facilities  listed under the ground water user's ground water right(s)
 28    may be annexed into the district. The petition shall contain a legal  descrip-
 29    tion  of the lands and any other information the district may require, and the
 30    petitioner shall state under oath that petitioner  holds  the  title  to  said
 31    lands. If the ground water user is a nonirrigator, the petition shall state if
 32    the ground water user is seeking to join the district solely to participate in
 33    the district's mitigation plan or other mitigation activities.
                                                                        
 34        SECTION  17.  That Section 42-5248, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        42-5248.  ASSESSMENTS AGAINST ANNEXED LANDS. (1) The  board  of  directors
 37    may  require,  as  a condition to the granting of an annexation petition, that
 38    the petitioners shall severally pay to the district such respective  sums,  as
 39    nearly  as  the same can be estimated, as said petitioners, or their grantors,
 40    would have been required to pay such district, had such lands been included in
 41    such district at the time it was originally formed, together  with  a  propor-
 42    tionate share of the expenses of the district accrued since formation.
 43        (2)  If  the  petition  seeks only to participate in a district mitigation
 44    plan, the board may require a proportionate sum  of  the  mitigation  expenses
 45    accrued  since the district was originally formed to be paid as a condition to
 46    the granting of an annexation petition.
                                                                        
 47        SECTION 18.  That Section 42-5251, Idaho Code, be, and the same is  hereby
 48    amended to read as follows:
                                                                        
                                           12
                                                                        
  1        42-5251.  PETITION  FOR EXCLUSION OF LANDS -- LANDS MAY REMAIN IN THE DIS-
  2    TRICT FOR MITIGATION PURPOSES ACTION ON PETITION BY DISTRICT BOARD.  Any  dis-
  3    trict  member  may file with the district board a petition requesting that the
  4    member's lands be excluded from the district.  The petition may  request  that
  5    the  lands either be excluded for all purposes or be excluded for all purposes
  6    except mitigation. The petition shall be signed by each petitioner,  but  need
  7    not  be  acknowledged and shall state that continued inclusion of the lands in
  8    the district is inappropriate or unwarranted:
  9        (1)  Because the diversions of ground water under the ground  water  users
 10    water  right have no depletive effect on any water source, either individually
 11    or cumulatively when considered in conjunction with other similar diversions;
 12        (2)  Because the only ground water use associated with the lands sought to
 13    be excluded by the petition is a domestic or stock water  use  as  defined  by
 14    sections 42-111 and 42-1401A, Idaho Code;
 15        (3)  Because  the  exclusion  of  the lands will not impair the district's
 16    ability to repay debt or carry out mitigation plans;
 17        (4)  Because the exclusion is in the best interests of  the  district  and
 18    its members; or
 19        (5)  For other compelling reasons.
 20    The  board  shall consider the petition and, based on findings concerning such
 21    factors, the board shall grant or deny the petition within ninety (90) days of
 22    the date it is filed, unless the board, in its sole discretion, grants a hear-
 23    ing on the petition within such time period, in which  case  the  board  shall
 24    issue  a  final  decision  within  sixty (60) days after the conclusion of the
 25    hearing. All costs incurred by the district in carrying out the exclusion pro-
 26    ceeding shall be assessed as provided in section 42-5253, Idaho Code.  A  per-
 27    son  purchasing  land under a written contract shall be deemed to be the owner
 28    of that land for purposes of this section.
                                                                        
 29        SECTION 19.  That Section 42-5252, Idaho Code, be, and the same is  hereby
 30    amended to read as follows:
                                                                        
 31        42-5252.  CONTENTS OF PETITION -- REPRESENTATIONS, CERTIFICATION AND  LIA-
 32    BILITY  --  WAIVER  OF  BENEFITS  UPON EXCLUSION. (1) A petition for exclusion
 33    shall set forth or include the following:
 34        (a)  A description of the land and/or facilities of petitioner  for  which
 35        exclusion  is  requested,  together with such evidence of ownership of the
 36        land and/or facilities as is satisfactory to the district board;
 37        (b)  A representation that no mortgagee or other person holds  a  lien  of
 38        record  in  the  county where the land for which exclusion is requested is
 39        located, for which the lienholder's consent to the exclusion  is  required
 40        or  that, if such consent is required, the consent has been granted by the
 41        lienholder;
 42        (c)  If the member seeks exclusion for all purposes, aAn explicit  written
 43        waiver  and  relinquishment, on a form provided by the board or otherwise,
 44        of all right to rely upon or be covered by any program, plan, activity  or
 45        benefits of any kind provided by or through the district;
 46        (d)  If the member seeks to be excluded from the district for all purposes
 47        except  mitigation,  an explicit written waiver and relinquishment stating
 48        that the member recognizes and agrees that:
 49             (i)   The member no longer will be entitled to vote or participate in
 50             the governance of the district, to nominate directors, or to serve as
 51             a director of the district except as specified in this chapter;
 52             (ii)  The member will remain subject to all assessments pertaining to
 53             the district's mitigation program(s) or plans;
                                                                        
                                           13
                                                                        
  1             (iii) The member will be entitled to receive no benefits of any  kind
  2             from the district except those pertaining to mitigation purposes.
  3        (e)  Regardless  of  whether the exclusion will be for all purposes or for
  4        all except mitigation purposes, aAn explicit written statement, on a  form
  5        provided  by the board or otherwise, that the member recognizes and agrees
  6        that he will remain liable to the district, and subject to assessment, for
  7        any financial indebtedness the member may have to the district for indebt-
  8        edness incurred before exclusion occurs.
  9        (2)  The district board shall return to the petitioner  any  petition  not
 10    accompanied by the information required in subsection (1) of this section, and
 11    no  further  action  shall be required of the board with respect to such peti-
 12    tion. The petitioner shall be liable for any expenses or damages to  lienhold-
 13    ers or to other landowners or to the district resulting directly or indirectly
 14    from  wrongful  exclusion of lands by reason of untrue or incorrect statements
 15    in the petition.
 16        (3)  The petition for exclusion shall be  signed  by  the  member  and  be
 17    acknowledged  in  front  of a notary public in the same manner as for deeds of
 18    land.
                                                                        
 19        SECTION 20.  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        (dc)  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  21.  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  22.  That Section 42-5257, Idaho Code, be, and the same is hereby
 48    amended to read as follows:
                                                                        
 49        42-5257.  EXCLUSION -- EFFECT -- OBLIGATIONS OUTSTANDING -- ENFORCEMENT --
                                                                        
                                           14
                                                                        
  1    PAYMENT -- CERTIFICATE. (1) Except as otherwise provided in this chapter, land
  2    and/or facilities excluded from any ground water district shall not thereafter
  3    be entitled to any of the rights and benefits of the  district  and  shall  be
  4    deemed to have fully relinquished all such rights and benefits.
  5        (2)  Land  and/or  facilities  fully  excluded  from  a district and those
  6    excluded only from nonmitigation purposes shall be subject to  assessment  and
  7    be  otherwise chargeable for the payment and discharge of all obligations out-
  8    standing at the time of the entry of the exclusion order as  fully  as  though
  9    the  land  had not been excluded.  Such obligations shall include, but are not
 10    limited to, their proportionate  share  of  any  of  the  district's  existing
 11    indebtedness  that was incurred for a project or activity that: (a) provided a
 12    benefit to such lands prior  to  the  exclusion  and  for  which  benefit  the
 13    excluded  lands  remain  indebted; or (b) continues to benefit such lands even
 14    after the exclusion.  Where either of  these  circumstances  exists,  excluded
 15    lands  shall remain a part of the district for the purpose of discharging such
 16    existing contract indebtedness, and otherwise shall be obligated  to  pay  all
 17    regular  and  special  assessments to retire such debt as if they had not been
 18    excluded.  The district's board of directors may allow any debt or  obligation
 19    against any excluded land and/or facility to be paid in installments or in any
 20    other manner the board deems equitable.
 21        (3)  All  provisions which could be used to compel the payment by excluded
 22    land of its portion of the  outstanding  obligations  had  the  exclusion  not
 23    occurred,  may  be  used  to compel the payment on the part of the land of the
 24    portion of the outstanding obligations of the district for which it is liable.
 25        (4)  When any member obtaining the exclusion of land from a  ground  water
 26    district has paid to the district all of the debts and obligations of the dis-
 27    trict  assessable,  chargeable  or  allocable  to  the  land  and/or  facility
 28    excluded,  the  district may issue its certificate of full payment executed by
 29    the president and secretary of the district, and acknowledged so that the cer-
 30    tificate may be recorded in the records of the county wherein the land is sit-
 31    uate.
                                                                        
 32        SECTION 23.  That Section 42-5259, Idaho Code, be, and the same is  hereby
 33    amended to read as follows:
                                                                        
 34        42-5259.  PARTICIPATION  BY  NONMEMBER  IN  DISTRICT SOLELY FOR MITIGATION
 35    PURPOSES. Upon written request from a ground water user who is not a member of
 36    a district, and regardless of whether such user is an  irrigator,  a  district
 37    board  of  directors  shall  enter  a contract with such nonmember pursuant to
 38    which the nonmember shall be allowed to participate fully in, and  obtain  all
 39    benefits  of,  any mitigation plan, purpose or activity the district currently
 40    has in force or is developing, provided that:
 41        (1)  The board finds that the plan is likely to be effective in mitigating
 42    the effects of such nonmember's ground water use, and that including the  non-
 43    member within the mitigation plan's coverage will not impair the plan's effec-
 44    tiveness as to district members;
 45        (2)  If  the district's mitigation plan has been approved by the director,
 46    the board shall evaluate the contract request in accordance  with  any  condi-
 47    tions  of the district's mitigation plan which address equitable participation
 48    by ground water users who do not  initially  participate  in  such  mitigation
 49    plan;
 50        (3)  Before  the contract may be effective, the board may collect from the
 51    nonmember a payment adequate to compensate the district  for  the  nonmember's
 52    proportional  share of the costs the district already has incurred in develop-
 53    ing and implementing the mitigation plan;
                                                                        
                                           15
                                                                        
  1        (4)  The board may include in the contract a provision requiring the  non-
  2    member  to pay a reasonable surcharge, either annually or on some other basis,
  3    to reimburse the district for such nonmember's  proportional  share  of  those
  4    past  or future costs of operating the district attributable to formulating or
  5    implementing the mitigation plan or plans in which the nonmember  is  partici-
  6    pating;
  7        (5)  The board may require the nonmember to provide security to assure the
  8    payment of all assessments and charges related to the contract;
  9        (6)  Nothing  in this section shall be interpreted to limit the district's
 10    ability to enter into a contract with nonmembers pursuant to terms and  condi-
 11    tions acceptable to both parties.
                                                                        
 12        SECTION  24.  That Section 42-5276, Idaho Code, be, and the same is hereby
 13    repealed.
                                                                        
 14        SECTION 25.  SEVERABILITY.  The provisions of this act are hereby declared
 15    to be severable and if any provision of this act or the  application  of  such
 16    provision  to  any  person or circumstance is declared invalid for any reason,
 17    such declaration shall not affect the validity of the  remaining  portions  of
 18    this act.
                                                                        
 19        SECTION  26.  An  emergency  existing  therefor, which emergency is hereby
 20    declared to exist, this act shall be in full force and effect on and after its
 21    passage and approval.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved by    Raybould            
                                                                        
                                                     Seconded by Stevenson           
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENTS TO H.B. NO. 372
                                                                        
                                                                        
  1                                AMENDMENT TO SECTION 5
  2        On page 5 of the printed bill,  in  line  27,  delete  "Any"  and  insert:
  3    "Except as provided in section 42-5276, Idaho Code, any".
                                                                        
  4                               AMENDMENT TO SECTION 24
  5        On page 15, in line 13, delete "repealed." and insert: "amended to read as
  6    follows:"; and following line 13 insert:
  7        "42-5276.  INCLUSION  OF  IRRIGATION  DISTRICTS  ORGANIZED UNDER TITLE 43.
  8    Where the water supply for lands is ground water  provided  by  an  irrigation
  9    district  established  under title 43, Idaho Code, and such lands are included
 10    in and subject to assessment by the irrigation district, such lands  shall  be
 11    included  in  a  ground  water district organized under the provisions of this
 12    chapter only if the board of the irrigation district serves notice in the same
 13    manner as that provided for nonirrigators in section 42-5214(2) and (3), Idaho
 14    Code files a petition for annexation into the district under section  42-5245,
 15    Idaho Code.".
                                                                        
 16                                 CORRECTIONS TO TITLE
 17        On  page  2, in line 10, delete "REPEALING" and insert: "AMENDING"; and on
 18    line 11, following "CODE" insert: ", TO PROVIDE THAT CERTAIN  IRRIGATION  DIS-
 19    TRICTS SHALL BE INCLUDED IN GROUND WATER DISTRICTS ONLY UPON FILING OF A PETI-
 20    TION FOR ANNEXATION".
                                                                        
                                          2
                                                                        
                                                     Moved by    Raybould            
                                                                        
                                                     Seconded by Stevenson           
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENTS TO H.B. NO. 372
                                                                        
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 2 of the printed bill, in line 36, following "Code" insert: ", and
  3    provided,  that for purposes of this chapter, the term ground water user shall
  4    not include any ground water right owned by an Indian tribe or by tribal  mem-
  5    bers  for  diversion and use within an Indian reservation, ground water rights
  6    owned by the United States or ground  water  rights  owned  by  the  state  of
  7    Idaho".
                                                                        
  8                               AMENDMENTS TO SECTION 5
  9        On page 5, in line 19, following "DISTRICT" insert: "-- NOTICE AND HEARING
 10    FOR  MEMBERS  INCLUDED IN DISTRICT AFTER MARCH 31, 2005 -- ORDER -- APPEAL AND
 11    CONCLUSIVENESS"; in line 20, delete "are" and insert: "are shall be"; in  line
 12    27, delete ", due to the type of use being"; in line 28, delete "made of water
 13    under the user's water right,"; in line 29, delete "on and after such"; delete
 14    line  30  and  insert:  "upon  order  of the board finding and confirming that
 15    inclusion of such ground water user is in the best interests of  the  district
 16    and  that such ground water user shall receive benefits from such inclusion as
 17    a member. Such order may be made only after the  board  shall  have  caused  a
 18    notice  of such hearing to be published in the manner of notices of elections,
 19    which notice shall state that  all  persons  interested  in  or  that  may  be
 20    affected  by  such  inclusion  as  a member shall appear at the time and place
 21    named in the notice and show cause in writing why they should not be  included
 22    as  a  member.  The board, at the time mentioned in said notice shall hear any
 23    objections to inclusion. The failure of any person to file with  the  district
 24    office  an  objection  to  inclusion  as a member prior to the noticed hearing
 25    shall be taken as an assent on his part to such inclusion as a member  of  the
 26    district.  Any order confirming the inclusion of ground water users as members
 27    of the district shall be certified by the board president  and  secretary  and
 28    filed for record in the recorder's office of each county within which are sit-
 29    uated  any lands of the district and notice of the order shall be published in
 30    the manner of notices of elections. Any  person  who  properly  has  filed  an
 31    objection  to inclusion as a member shall have the right to appeal to the dis-
 32    trict court of the county in which such person's ground water right  is  situ-
 33    ated, provided such appeal shall be made within thirty (30) days from the date
 34    of  publication of the order confirming such inclusion. After said thirty (30)
 35    day appeal period, no one shall have any cause or right of action  to  contest
 36    the  legality, formality or regularity of said order of inclusion for any rea-
 37    son whatsoever, and thereafter, said inclusion and the constitution and valid-
 38    ity of the district shall be considered valid and incontestable without  limi-
 39    tation.  Any ground water user who previously was not a member of the district
 40    as of March 31, 2005, that is included as a member upon  order  of  the  board
 41    shall  be  liable  for  his  proportionate  share of all costs of the district
 42    incurred after such date, including his proportionate  share  of  all  bonded,
 43    warrant or other indebtedness incurred prior to March 31, 2005.".
                                                                        
 44                               AMENDMENTS TO SECTION 12
                                                                        
                                          3
                                                                        
  1        On  page 9, in line 33, following "consideration" insert: ", without limi-
  2    tation,"; delete lines 35 through 37 and  insert:  "other  attributes  of  the
  3    ground water rights appurtenant to the assessed lands, and/or the benefits the
  4    member  derives  from  a mitigation plan or other activity of the district and
  5    whether the member has an individual mitigation plan.".
                                                                        
  6                                 CORRECTIONS TO TITLE
  7        On page 1, in line 12, delete "AN EFFECTIVE DATE OF MEMBERSHIP FOR CERTAIN
  8    USERS," and insert: "FOR ORDERS OF THE BOARD RELATING TO INCLUSION OF  CERTAIN
  9    GROUND  WATER  USERS IN GROUND WATER DISTRICTS, TO PROVIDE FOR NOTICE OF HEAR-
 10    ING, TO PROVIDE FOR HEARING, TO PROVIDE FOR OBJECTIONS TO INCLUSION,  TO  PRO-
 11    VIDE  FOR  THE CERTIFICATION AND FILING OF ORDERS OF INCLUSION, TO PROVIDE FOR
 12    CERTAIN APPEALS, TO PROVIDE FOR CONCLUSIVENESS OF ORDERS OF INCLUSION, TO PRO-
 13    VIDE THAT CERTAIN GROUND WATER USERS INCLUDED AS MEMBERS  UPON  ORDER  OF  THE
 14    BOARD  SHALL  BE  LIABLE  FOR  SPECIFIED  COSTS OF THE DISTRICT,"; in line 25,
 15    delete "TO REVISE PROVISIONS RELATING TO THE LEVY  OF";  in  line  26,  delete
 16    "ASSESSMENTS"  and  insert:  "TO DELETE CERTAIN PROVISIONS RELATING TO ASSESS-
 17    MENTS FOR GROUND WATER USERS THAT BECOME MEMBERS OF DISTRICTS  FOR  MITIGATION
 18    PURPOSES  AND  TO  AUTHORIZE  GROUND WATER DISTRICT BOARDS TO LEVY ASSESSMENTS
 19    THAT ADJUST A MEMBER'S PROPORTIONATE SHARE TO TAKE INTO CONSIDERATION INDIVID-
 20    UAL MITIGATION PLANS".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 372, As Amended
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO GROUND WATER DISTRICTS; AMENDING SECTION 42-5201, IDAHO  CODE,  TO
  3        REVISE  DEFINITIONS;  AMENDING SECTION 42-5207, IDAHO CODE, TO PROVIDE FOR
  4        THE INCLUSION OR EXCLUSION OF LANDS  OF  CERTAIN  GROUND  WATER  USERS  IN
  5        GROUND  WATER  DISTRICTS;  AMENDING SECTION 42-5210, IDAHO CODE, TO REVISE
  6        GROUND WATER DISTRICT VOTER  QUALIFICATION  PROVISIONS  FOR  GROUND  WATER
  7        USERS,  TO  PROVIDE FOR VOTES OF CITY GOVERNMENTS AND TO PROVIDE A CORRECT
  8        CODE REFERENCE; AMENDING SECTION 42-5212, IDAHO CODE, TO PROVIDE A CORRECT
  9        CODE REFERENCE AND  TO  MAKE  A  TECHNICAL  CORRECTION;  AMENDING  SECTION
 10        42-5214,  IDAHO  CODE, TO REVISE PROVISIONS RELATING TO GROUND WATER USERS
 11        TO BE CONSIDERED MEMBERS OF GROUND WATER DISTRICTS AND SUBJECT TO  CERTAIN
 12        ASSESSMENTS,  TO  PROVIDE FOR ORDERS OF THE BOARD RELATING TO INCLUSION OF
 13        CERTAIN GROUND WATER USERS IN  GROUND  WATER  DISTRICTS,  TO  PROVIDE  FOR
 14        NOTICE  OF  HEARING,  TO PROVIDE FOR HEARING, TO PROVIDE FOR OBJECTIONS TO
 15        INCLUSION, TO PROVIDE FOR THE CERTIFICATION AND FILING OF ORDERS OF INCLU-
 16        SION, TO PROVIDE FOR CERTAIN APPEALS, TO  PROVIDE  FOR  CONCLUSIVENESS  OF
 17        ORDERS  OF  INCLUSION, TO PROVIDE THAT CERTAIN GROUND WATER USERS INCLUDED
 18        AS MEMBERS UPON ORDER OF THE BOARD SHALL BE LIABLE FOR SPECIFIED COSTS  OF
 19        THE  DISTRICT,  TO  PROVIDE  THAT  CERTAIN  PERSONS WHO BECOME ENTITLED TO
 20        APPROPRIATE OR WHO APPROPRIATE GROUND  WATER  AFTER  THE  FORMATION  OF  A
 21        GROUND WATER DISTRICT SHALL BE DEEMED INCLUDED IN THE DISTRICT AND SUBJECT
 22        TO  ASSESSMENTS AS OF A PARTICULAR DATE AND TO PROVIDE A CORRECT CODE REF-
 23        ERENCE; AMENDING SECTION 42-5219, IDAHO CODE, TO REDESIGNATE THE  SECTION;
 24        AMENDING SECTION 42-5220, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING
 25        SECTION  42-5221, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION
 26        42-5222, IDAHO CODE, TO REDESIGNATE  THE  SECTION;  AMENDING  CHAPTER  52,
 27        TITLE  42,  IDAHO  CODE,  BY  THE ADDITION OF A NEW SECTION 42-5219, IDAHO
 28        CODE, TO PROVIDE FOR DIRECTORS AT LARGE; AMENDING SECTION  42-5224,  IDAHO
 29        CODE,  TO  AUTHORIZE  GROUND  WATER  DISTRICT BOARDS OF DIRECTORS TO INCUR
 30        SPECIFIED INDEBTEDNESS ON BEHALF OF THE DISTRICT  AND  TO  MAKE  TECHNICAL
 31        CORRECTIONS;  AMENDING SECTION 42-5232, IDAHO CODE, TO DELETE CERTAIN PRO-
 32        VISIONS RELATING TO ASSESSMENTS FOR GROUND WATER USERS THAT BECOME MEMBERS
 33        OF DISTRICTS FOR MITIGATION PURPOSES AND TO AUTHORIZE  GROUND  WATER  DIS-
 34        TRICT  BOARDS  TO  LEVY  ASSESSMENTS  THAT ADJUST A MEMBER'S PROPORTIONATE
 35        SHARE TO TAKE INTO CONSIDERATION  INDIVIDUAL  MITIGATION  PLANS;  AMENDING
 36        SECTION  42-5233,  IDAHO  CODE,  TO PROVIDE THAT THE TERM FOR INDEBTEDNESS
 37        RELATING TO THE FUNDING OF MITIGATION PLANS SHALL NOT EXCEED THIRTY YEARS;
 38        AMENDING SECTION 42-5242, IDAHO CODE, TO PROVIDE THAT  DELINQUENT  ASSESS-
 39        MENT  LISTS SHALL BE DULY ACKNOWLEDGED BY GROUND WATER DISTRICT TREASURERS
 40        AND TO PROVIDE REQUIREMENTS FOR THE TREASURER RELATING TO PAYMENTS IN FULL
 41        OF DELINQUENT ASSESSMENTS AND PENALTIES; AMENDING SECTION  42-5244,  IDAHO
 42        CODE,  TO PROHIBIT THE PARTICIPATION IN MITIGATION PLANS FOR NONPAYMENT OF
 43        CERTAIN MITIGATION COSTS WHEN DUE UNTIL PAID IN FULL,  TO  REQUIRE  GROUND
 44        WATER  DISTRICTS  TO  PROVIDE  THE  DIRECTOR  OF  THE  DEPARTMENT OF WATER
 45        RESOURCES WITH A REPORT OF PAST DUE MITIGATION  COSTS,  TO  AUTHORIZE  THE
 46        DIRECTOR  TO REQUIRE GROUND WATER DISTRICTS TO PROVIDE CERTAIN ACCOUNTINGS
                                                                        
                                           2
                                                                        
  1        AND TO REQUIRE GROUND WATER DISTRICTS TO INFORM THE  DIRECTOR  IMMEDIATELY
  2        UPON PAYMENT OF PAST DUE MITIGATION COSTS; AMENDING SECTION 42-5245, IDAHO
  3        CODE,  TO REVISE PROVISIONS RELATING TO THE ANNEXATION OF THE LANDS AND/OR
  4        FACILITIES OF CERTAIN USERS OF GROUND WATER INTO GROUND  WATER  DISTRICTS;
  5        AMENDING  SECTION  42-5248,  IDAHO  CODE, TO REVISE PROVISIONS RELATING TO
  6        ASSESSMENTS AGAINST ANNEXED LANDS; AMENDING SECTION 42-5251,  IDAHO  CODE,
  7        TO  PROVIDE  FOR  ACTION  ON  PETITIONS FOR EXCLUSION OF LANDS FROM GROUND
  8        WATER DISTRICTS BY DISTRICT BOARDS, TO PROVIDE REQUIREMENTS FOR  PETITIONS
  9        FOR  EXCLUSION OF LANDS AND TO PROVIDE REQUIREMENTS RELATING TO ACTIONS ON
 10        PETITIONS FOR EXCLUSION OF LANDS  BY  DISTRICT  BOARDS;  AMENDING  SECTION
 11        42-5252,  IDAHO CODE, TO REVISE REQUIREMENTS RELATING TO CONTENTS OF PETI-
 12        TIONS FOR EXCLUSION OF LANDS AND/OR  FACILITIES  FROM  GROUND  WATER  DIS-
 13        TRICTS;  AMENDING  SECTION  42-5253,  IDAHO CODE, TO REVISE PROVISIONS AND
 14        REQUIREMENTS RELATING TO ORDERS OF EXCLUSION OF LANDS  FROM  GROUND  WATER
 15        DISTRICTS;  AMENDING SECTION 42-5256, IDAHO CODE, TO PROVIDE FOR FILING OF
 16        ANY DECISIONS OR ORDERS IN  THE  OFFICE  OF  SPECIFIED  COUNTY  RECORDERS;
 17        AMENDING  SECTION 42-5257, IDAHO CODE, TO PROVIDE THAT LAND AND/OR FACILI-
 18        TIES FULLY EXCLUDED FROM GROUND WATER DISTRICTS SHALL BE SUBJECT  TO  CER-
 19        TAIN ASSESSMENTS AND OBLIGATIONS; AMENDING SECTION 42-5259, IDAHO CODE, TO
 20        DELETE A REFERENCE TO IRRIGATORS; AMENDING SECTION 42-5276, IDAHO CODE, TO
 21        PROVIDE  THAT  CERTAIN  IRRIGATION  DISTRICTS  SHALL BE INCLUDED IN GROUND
 22        WATER DISTRICTS ONLY UPON FILING OF A PETITION FOR  ANNEXATION;  PROVIDING
 23        SEVERABILITY; AND DECLARING AN EMERGENCY.
                                                                        
 24    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 25        SECTION  1.  That  Section 42-5201, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        42-5201.  SHORT TITLE -- TITLE OF DISTRICTS -- DEFINITIONS.  This  chapter
 28    is  known  as the "Ground Water District Act"; the districts created hereunder
 29    may be termed "ground water districts."  When used in this chapter, and unless
 30    otherwise specified, the following terms shall be defined as follows:
 31        (1)  "Board" means the board of directors of a ground water district orga-
 32    nized pursuant to this chapter.
 33        (2)  "Corporation" means a corporation or limited liability company.
 34        (3)  "County commission" means the board of county  commissioners  or  any
 35    other governing board or authority for a county, as provided by law.
 36        (4)  "Department" means the Idaho department of water resources.
 37        (5)  "Director" means the director of the department of water resources.
 38        (6)  "District" means a ground water district established, or to be estab-
 39    lished, pursuant to this chapter.
 40        (7)  "Ground  water"  when used in this chapter means water under the sur-
 41    face of the ground whatever may be the  geologic  structure  in  which  it  is
 42    standing or moving, as provided in section 42-230(a), Idaho Code.
 43        (8)  "Ground  water  user" means the legal or beneficial owner of a ground
 44    water right, or the user of a ground water right pursuant to lease or contract
 45    of a ground water right to divert ground water of the state for  a  beneficial
 46    use or purpose, except for those diverting under rights used solely for domes-
 47    tic  or  stock use as defined by sections 42-111 and 42-1401A, Idaho Code, and
 48    provided, that for purposes of this chapter, the term ground water user  shall
 49    not  include any ground water right owned by an Indian tribe or by tribal mem-
 50    bers for diversion and use within an Indian reservation, ground  water  rights
 51    owned by the United States or ground water rights owned by the state of Idaho.
 52    A  ground  water user is within the boundary of a ground water district if the
                                                                        
                                           3
                                                                        
  1    well or other point of diversion used by that ground water user is within  the
  2    boundary. A husband and wife together diverting ground water pursuant to right
  3    shall  constitute one (1) ground water user. Ground water user includes both a
  4    ground water irrigator and a nonirrigator as defined in this chapter.
  5        (9)  "Ground water irrigator" means a ground water user holding  a  ground
  6    water right for irrigation purposes within a ground water district.
  7        (10) "Land"  or  "lands,"  when  used  in the context of the property of a
  8    ground water user subject to district assessment under this chapter, means the
  9    real property where ground water is diverted  or  placed  to  beneficial  use,
 10    including the facilities in or through which a ground water user makes benefi-
 11    cial use of ground waters.
 12        (11) "Nonirrigator" means a ground water user holding a ground water right
 13    for  commercial,  municipal, or industrial purposes within a ground water dis-
 14    trict. A ground water user will be deemed a nonirrigator for purposes of  this
 15    chapter  even though: (a) some component of the user's ground water use is for
 16    irrigation; or (b) the user holds a ground water right for irrigation that  is
 17    incidental  to,  or normally associated with, the user's commercial, municipal
 18    or industrial purpose.
 19        (120) "Member" means a ground water user whose  lands,  facilities  and/or
 20    water  rights  are  included in and subject to a ground water district and its
 21    policies.
 22        (131) "Mitigation plan" means a plan to prevent or compensate for material
 23    injury to holders of senior water rights caused by the diversion  and  use  of
 24    water  by  the holders of junior priority ground water rights who are partici-
 25    pants in the mitigation plan.
 26        (142) "Person" means an individual, partnership, trust,  estate,  associa-
 27    tion,  corporation,  municipal  corporation, the state of Idaho and any of its
 28    agencies, the United States, an Indian tribe, a  public  corporation,  or  any
 29    other public or private entity.
 30        (153) "Public  corporation"  means  counties,  city  and counties, cities,
 31    school districts, municipal water districts,  irrigation  districts,  recharge
 32    districts,  water  districts, park districts, subdistricts, and all other gov-
 33    ernmental agencies of this state, having the power of levying or providing for
 34    the levy of general or special taxes or special assessments, and any political
 35    subdivision of another state of the United States.
 36        (164) "Water right" means the legal right to divert and  beneficially  use
 37    the  public  waters  of  the state of Idaho where such right is evidenced by a
 38    decree, a permit or a license issued by the department, a beneficial  or  con-
 39    stitutional  use  right  evidenced  by an adjudication claim or claim based on
 40    section 42-243, Idaho Code, or a right based on federal law.
                                                                        
 41        SECTION 2.  That Section 42-5207, Idaho Code, be, and the same  is  hereby
 42    amended to read as follows:
                                                                        
 43        42-5207.  ORGANIZATION HEARING BEFORE COUNTY COMMISSION -- ORDER OF COUNTY
 44    COMMISSION.  (1)  After  receiving  the  report  of  the  department  of water
 45    resources, the county commission shall conduct a hearing on the  petition.  If
 46    the  county commission determines that the requisite number of signatures were
 47    not gathered on the petition, the board shall adjourn the hearings for two (2)
 48    weeks for the purpose of enabling the petitioners to gather additional  signa-
 49    tures.  The  petitioners  may amend the boundaries of the proposed district at
 50    the hearing to include or exclude lands of those ground water irrigators users
 51    who provide written notice or who appear at the hearing requesting that  their
 52    lands  be  either  included  or  excluded,  to meet the recommendations of the
 53    department, or as they may find advisable to achieve suitable district  bound-
                                                                        
                                           4
                                                                        
  1    aries.  The  county commission shall accept any additional nominations of per-
  2    sons to be directors at the hearing or the nominations may be filed  with  the
  3    county clerk.  The nominations must be signed by at least six (6) ground water
  4    users from the proposed district.
  5        (2)  When  the  county commission has determined to proceed with the peti-
  6    tion, it may adjourn the hearing from time to time,  not  exceeding  four  (4)
  7    weeks in all, and on final hearing, the county commission:
  8        (a)  May  make  such  other changes in the proposed boundaries of the dis-
  9        trict and divisions within the district as it may find proper; and
 10        (b)  Shall make an order on its records describing the area which it shall
 11        have determined to include in the district,  and  stating  that  lands  of
 12        ground  water users within such area will be organized into a ground water
 13        district if the vote of the electors accepts organization of the district.
 14        (3)  The county commission shall notify the department of the final action
 15    by mailing or faxing a copy of the order to the department  within  seven  (7)
 16    days  of  the board's decision. If the boundaries of the proposed ground water
 17    district differ from the boundaries contained  in  the  department's  original
 18    report,  the department shall prepare a revised list of the ground water users
 19    within such proposed district by name, address,  ground  water  right  number,
 20    point  of  diversion,  and  cubic  feet  per second per ground water right and
 21    return it to the county commission.
                                                                        
 22        SECTION 3.  That Section 42-5210, Idaho Code, be, and the same  is  hereby
 23    amended to read as follows:
                                                                        
 24        42-5210.  QUALIFICATIONS  OF VOTERS FOR DISTRICT ELECTIONS. (1) Any ground
 25    water irrigator, and any nonirrigator who is a member for all  purposes,  user
 26    within  the  proposed  district shall be entitled to vote at any election held
 27    under the provisions of this chapter. The production  of  documentation  of  a
 28    water  right as described in section 42-5201(164), Idaho Code, shall be suffi-
 29    cient evidence of ground water use for purposes of acting as an elector  under
 30    this  chapter.  A representative of a ground water user shall be so designated
 31    by written proxy signed by the ground water user except that  the  vote  of  a
 32    state,  city or county government may be cast by an elected or appointed offi-
 33    cial of the agency, or his designee. A corporation or partnership  shall  vote
 34    or  otherwise  act by a single individual who is authorized by the corporation
 35    or partnership to act on its behalf.  A corporation or partnership  must  fur-
 36    nish  the  election  officials  a  written designation stating the name of the
 37    individual who is authorized to vote and otherwise act for the corporation  or
 38    partnership.
 39        (2)  Any  ground  water user who becomes a member of a district solely for
 40    mitigation purposes:
 41        (a)  Shall be entitled to vote only in those district elections concerning
 42        whether to incur indebtedness as specified in section 42-5234, Idaho Code;
 43        and
 44        (b)  Shall be ineligible to nominate directors or  officers  of  the  dis-
 45        trict,  to  serve  in  such capacities, or otherwise to participate in the
 46        governance of the district.
 47        (3)  A nonirrigator may participate in the election to determine whether a
 48    district will be formed only according to the following provisions:
 49        (a)  The nonirrigator shall notify the judges of election  in  writing  at
 50        least  ten  (10)  working days prior to the date of the election that such
 51        person supports the formation of the district, elects to become  either  a
 52        member  for  all  purposes,  or  a  member only for mitigation purposes as
 53        described in section 42-5214, Idaho Code, should it  be  formed,  and,  by
                                                                        
                                           5
                                                                        
  1        such notice, casts its vote(s) in favor of formation.
  2        (b)  The  notification  shall  contain  a  legal  description  of the land
  3        through which the nonirrigator places ground waters to beneficial  use,  a
  4        statement  of the amount of such person's ground water right in cubic feet
  5        per second of diversions, and a copy of the ground water right  documenta-
  6        tion described in section 42-5201(16), Idaho Code.
  7        (c)  Once  the judges of election have accepted the notification described
  8        in  subsection  (3)(b)  of  this  section,  they  shall  duly  record  the
  9        nonirrigator's vote(s) in favor of district formation in the canvassing of
 10        votes carried out pursuant to section 42-5213, Idaho Code.
 11        (d)  If  the  voting  results  in  the  formation  of  the  district,  the
 12        nonirrigator who provided such notification thereafter  shall  be  a  full
 13        member  or  member for mitigation purposes of such district, whichever the
 14        case may be, and shall  have  all  obligations,  rights,  and  limitations
 15        attaching thereto.
 16        (4)  Each  ground  water  user shall have one (1) vote for each cubic foot
 17    per second, or proportion thereof (rounded to the nearest  tenth  of  a  cubic
 18    foot  per second), for which such ground water user holds a ground water right
 19    whose point of diversion is within the proposed district boundaries.
                                                                        
 20        SECTION 4.  That Section 42-5212, Idaho Code, be, and the same  is  hereby
 21    amended to read as follows:
                                                                        
 22        42-5212.  REGISTRATION  NOT REQUIRED. No registration shall be required in
 23    any ground water district election, but in lieu thereof the judges of election
 24    shall require every elector to subscribe to an elector's oath as  prerequisite
 25    to  casting his vote, and such oath shall be the usual elector's oath with the
 26    following words added thereto, "I am a resident of .......... county, and I am
 27    a ground water user within the ....... (proposed) ground water district, or  I
 28    am  a  representative  of  a  ground  water user within the ....... (proposed)
 29    ground water district" and present evidence of such ground water use  pursuant
 30    to section 42-5201(164), Idaho Code, if they do not appear on the department's
 31    list as provided in section 42-5206, Idaho Code.
                                                                        
 32        SECTION  5.  That  Section 42-5214, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        42-5214.  GROUND WATER USERS INCLUDED WITHIN THE DISTRICT  --  NOTICE  AND
 35    HEARING  FOR  MEMBERS  INCLUDED  IN  DISTRICT AFTER MARCH 31, 2005 -- ORDER --
 36    APPEAL AND CONCLUSIVENESS. (1) All ground water irrigators  users  within  the
 37    boundaries of the district are shall be members of the district and subject to
 38    assessments,  rights  and  responsibilities established by the district as set
 39    forth in this chapter, notwithstanding any change in the ownership or  control
 40    of  the property of the water user, whether by way of transfer, exchange, con-
 41    veyance, assignment, lease, or otherwise, to which the water right  or  rights
 42    used  to  determine assessments are appurtenant, unless excluded from the dis-
 43    trict pursuant to sections 42-5251 through 42-5257, Idaho Code. Except as pro-
 44    vided in section 42-5276, Idaho Code, any ground water user who previously was
 45    not a member as of March 31, 2005, shall be included  as  a  member  effective
 46    upon  order  of the board finding and confirming that inclusion of such ground
 47    water user is in the best interests of the district and that such ground water
 48    user shall receive benefits from such inclusion as a member. Such order may be
 49    made only after the board shall have caused a notice of  such  hearing  to  be
 50    published in the manner of notices of elections, which notice shall state that
 51    all  persons interested in or that may be affected by such inclusion as a mem-
                                                                        
                                           6
                                                                        
  1    ber shall appear at the time and place named in the notice and show  cause  in
  2    writing  why  they  should not be included as a member. The board, at the time
  3    mentioned in said notice shall hear any objections to inclusion.  The  failure
  4    of  any person to file with the district office an objection to inclusion as a
  5    member prior to the noticed hearing shall be taken as an assent on his part to
  6    such inclusion as a member of the district. Any order confirming the inclusion
  7    of ground water users as members of the district shall  be  certified  by  the
  8    board president and secretary and filed for record in the recorder's office of
  9    each  county within which are situated any lands of the district and notice of
 10    the order shall be published in the manner of notices of elections. Any person
 11    who properly has filed an objection to inclusion as a member  shall  have  the
 12    right  to  appeal  to  the district court of the county in which such person's
 13    ground water right is situated, provided such  appeal  shall  be  made  within
 14    thirty  (30)  days  from  the date of publication of the order confirming such
 15    inclusion. After said thirty (30) day appeal period, no  one  shall  have  any
 16    cause  or  right of action to contest the legality, formality or regularity of
 17    said order of inclusion for any reason whatsoever, and thereafter, said inclu-
 18    sion and the constitution and validity of the  district  shall  be  considered
 19    valid  and  incontestable without limitation. Any ground water user who previ-
 20    ously was not a member of the district as of March 31, 2005, that is  included
 21    as  a  member  upon  order  of the board shall be liable for his proportionate
 22    share of all costs of the district incurred after  such  date,  including  his
 23    proportionate  share  of  all  bonded,  warrant or other indebtedness incurred
 24    prior to March 31, 2005.
 25        (2)  All nonirrigators within the boundaries of  the  district  who  voted
 26    according to notice as provided in section 42-5210(3), Idaho Code, are members
 27    of the district as specified in such notice.
 28        (3)  A  nonirrigator  also may become a member of a district by providing,
 29    within sixty (60) days after the date on which the district is formed, written
 30    notice to the district board that the nonirrigator wishes to join the district
 31    either as a member for all purposes or as a  member  for  mitigation  purposes
 32    only.  Upon  providing  such notice, the nonirrigator shall be either a member
 33    for all purposes or a member for mitigation purposes only, as specified in the
 34    notice, and shall be subject to assessment accordingly  as  provided  in  this
 35    chapter.  After such sixty (60) day period, a nonirrigator may become a member
 36    of  a  district  only  through  the annexation procedure described in sections
 37    42-5245 through 42-5249, Idaho Code.
 38        (4)  Except as provided for municipal, commercial, industrial, federal and
 39    tribal ground water users in subsection (1) of this section, aAny person whose
 40    permit, license, or other entitlement to appropriate ground water was acquired
 41    after the formation of the district, or who appropriates ground water for uses
 42    not requiring a permit after the formation of the district, but qualifies as a
 43    ground water user under subsection  (108)  of  section  42-5201,  Idaho  Code,
 44    within  the  area  of  the  district  in  all  other respects, shall be deemed
 45    included within and subject to  assessment  by  the  district,  if  benefitted
 46    either  directly  or  indirectly  by  the  district as of the date the permit,
 47    license, or entitlement is acquired.
                                                                        
 48        SECTION 6.  That Section 42-5219, Idaho Code, be, and the same  is  hereby
 49    amended to read as follows:
                                                                        
 50        42-52198A.  WHEN  ELECTION NOT REQUIRED. In any election for directors if,
 51    after the expiration of the date for filing written nominations for the office
 52    of director, it appears that only one (1) qualified candidate has  been  nomi-
 53    nated  thereby  for  each  position to be filled, it shall not be necessary to
                                                                        
                                           7
                                                                        
  1    hold an election, and the board of directors shall, within five (5) days after
  2    expiration of the date for filing written nominations, declare such  candidate
  3    elected  as  director. The procedure set forth in this section shall not apply
  4    to any other district election.
                                                                        
  5        SECTION 7.  That Section 42-5220, Idaho Code, be, and the same  is  hereby
  6    amended to read as follows:
                                                                        
  7        42-522018B.  NOTICE  OF ELECTION. The secretary of the district shall give
  8    notice of all elections in the district by posting the same in five (5) public
  9    places in each county in which a part of the district is situated and  in  the
 10    office  of  the  board  of directors at least four (4) weeks before the day of
 11    such election, or by publication of the notice once a week for four  (4)  suc-
 12    cessive  weeks in a newspaper or newspapers published in each of said counties
 13    or in a newspaper of general circulation therein. Notices shall state the time
 14    of the election and the location of polling places within the district and the
 15    directors to be elected or other question to be voted upon, as  the  case  may
 16    be.
                                                                        
 17        SECTION  8.  That  Section 42-5221, Idaho Code, be, and the same is hereby
 18    amended to read as follows:
                                                                        
 19        42-52218C.  CONDUCT OF ELECTIONS.  The  election  shall  be  conducted  as
 20    nearly  as  practicable in accordance with the general laws of the state; pro-
 21    vided that no particular form of ballot shall be required and  the  provisions
 22    of  the  election  laws  as  to the form and distribution of ballots shall not
 23    apply and each ballot must indicate the number of cubic feet per second  asso-
 24    ciated  with  the  ballot cast. The board of directors shall designate polling
 25    places in such number as it may deem necessary. At least ten (10) days  before
 26    the  holding  of  any  election, the board shall appoint three (3) electors to
 27    serve as judges of election at each polling place. The  judges  shall  perform
 28    the  same  duties  as  near as may be, as judges of election under the general
 29    laws of the state. Immediately after the  election,  the  judges  of  election
 30    shall forward the official results to the secretary of the district.
                                                                        
 31        SECTION  9.  That  Section 42-5222, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        42-522218D.  CANVASS OF RETURNS -- DECLARATION OF WINNERS.  On  the  first
 34    Monday after each election, or at a time designated by the board of directors,
 35    the  board shall meet at its usual place of meeting and proceed to canvass the
 36    returns. By order entered on its minutes, the board shall declare elected  the
 37    person or persons having the highest number of votes for each office.
                                                                        
 38        SECTION  10.  That  Chapter  52, Title 42, Idaho Code, be, and the same is
 39    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 40    ignated as Section 42-5219, Idaho Code, and to read as follows:
                                                                        
 41        42-5219.  DIRECTORS  AT LARGE. In the event a district is divided into six
 42    (6) or fewer divisions, the district is authorized to elect one (1) to two (2)
 43    directors at large. Directors at large shall be elected at the annual  meeting
 44    of  the  district by a two-thirds (2/3) majority of the members present at the
 45    meeting. Every director at large elected pursuant to the  provisions  of  this
 46    section shall be a ground water user in the district. Directors at large shall
 47    hold office for a term of two (2) years, or until their successors are elected
                                                                        
                                           8
                                                                        
  1    and  qualified.  Provided however, that in no event shall a district have more
  2    than a total of seven (7) directors serving at any time whether elected pursu-
  3    ant to the provisions of section 42-5218, Idaho Code, or pursuant to this sec-
  4    tion.
                                                                        
  5        SECTION 11.  That Section 42-5224, Idaho Code, be, and the same is  hereby
  6    amended to read as follows:
                                                                        
  7        42-5224.  POWERS  AND  DUTIES  OF  BOARD OF DIRECTORS. The board shall, in
  8    addition to any other powers and duties provided in this chapter, and provided
  9    that nothing in this chapter shall abrogate or impair the right of any  person
 10    to  take  any  action  necessary  to acquire, protect, challenge or defend any
 11    water right, have the following powers and duties:
 12        (1)  To acquire, and/or construct, operate, control or use  by  appropria-
 13    tion, grant, purchase, bequest, devise, contract or lease works or facilities,
 14    water  rights,  water permits or licenses, well-drilling permits, wells, pipe-
 15    lines, ditches and any other real and personal property  (including  easements
 16    and rights-of-way) or contract entitlement within or without the district nec-
 17    essary or convenient to fully exercise its powers;
 18        (2)  To  sell, lease, encumber, alienate, or otherwise dispose of works or
 19    facilities,  water,  water  rights,  wells,  pipelines,  ditches,  reservoirs,
 20    recharge facilities, and any other real and personal  property  owned  by  the
 21    district within or without its boundaries, and to incur indebtedness on behalf
 22    of the district as specified in this chapter;
 23        (3)  To  enter  into  contracts and agreements, cooperative and otherwise,
 24    including contracts with the United States of America and any of its  agencies
 25    or  instrumentalities,  and tribes, and contracts with corporations, public or
 26    private, municipalities, or governmental subdivisions necessary or  convenient
 27    to fully exercise its powers;
 28        (4)  To hire and retain agents, employees, engineers, hydrologists, geolo-
 29    gists,  and  attorneys  as  shall  be necessary and convenient to transact the
 30    district's business and to represent the district's interests;
 31        (5)  To levy assessments for the operation of the district  and  its  pro-
 32    grams;
 33        (6)  To represent district members, with respect to their individual water
 34    rights,  in general water rights adjudications and other legal and administra-
 35    tive proceedings or before political bodies, provided that the board may  levy
 36    assessments  for these matters against only those members who have given writ-
 37    ten consent for the representation;
 38        (7)  To represent district members in proceedings or meetings of  a  water
 39    district  established  by  the  director of the department notwithstanding any
 40    provision to the contrary in chapter 6, title 42, Idaho  Code.  Provided  how-
 41    ever, that the board shall not  be authorized to cast a vote in any proceeding
 42    or  meeting  of  a water district established pursuant to chapter 6, title 42,
 43    Idaho Code, on behalf of any district member who has, prior to such proceeding
 44    or meeting, given written notice to the board and to the water  district  that
 45    such  district  member  intends to vote on his own behalf, or on behalf of any
 46    district member who attends such meeting or proceeding and intends to vote  on
 47    his  own  behalf.  The board shall provide a verified list of the water rights
 48    that it represents at any water district proceeding or meeting to the chairman
 49    of the water district proceeding or meeting.;
 50        (8)  To appropriate, develop, store, and transport water within the state;
 51        (9)  To acquire stock in  canal  companies,  water  companies,  and  water
 52    users' associations;
 53        (10) To  invest any surplus money in the district treasury pursuant to the
                                                                        
                                           9
                                                                        
  1    public depository law as contained in chapter 1, title 57, Idaho Code;
  2        (11) To develop, maintain, operate and implement mitigation plans designed
  3    to mitigate any material injury caused by ground water use within the district
  4    upon senior water uses within and/or without the district;
  5        (12) To finance the repair or abandonment of wells  in  the  ground  water
  6    district which have experienced or are experiencing declines in water level or
  7    water  pressures because of reasons including, but not limited to, flow, leak-
  8    age, and waste from  improper  construction,  maintenance,  and  operation  of
  9    wells;
 10        (13) To  have  and exercise the power of eminent domain in the manner pro-
 11    vided by law for the condemnation of private property for  easements,  rights-
 12    of-way,  and  other  rights of access to property necessary to the exercise of
 13    the mitigation powers herein granted, both within and without the district;
 14        (14) To sue and be sued, and be a party to suits, actions and proceedings;
 15        (15) To enter into joint powers agreements and/or memoranda of understand-
 16    ing with other districts, governmental or quasi-public entities;
 17        (16) To develop and acquire water rights for, and operate, aquifer storage
 18    or recharge projects;
 19        (17) To monitor, measure, study, and implement programs in  the  interests
 20    of the district's members regarding the protection of ground water diversions,
 21    depth of water in wells, aquifer water levels and characteristics;
 22        (18) To  adopt  and amend bylaws not in conflict with the constitution and
 23    laws of the state for carrying on the business, objects  and  affairs  of  the
 24    board and of the district and to establish a fiscal year;
 25        (19) To  enter upon land to make surveys, locate district property, works,
 26    or facilities, and to otherwise conduct the affairs of the district;
 27        (20) To make, record and report annually to the director  sufficient  mea-
 28    surements of diversions and water levels of district members to allow the dis-
 29    trict  to be excluded from any water measurements district created pursuant to
 30    sections 42-705 through 42-715, Idaho Code.;
 31        (21) To manage and conduct the affairs of the district  and  to  have  and
 32    exercise  all rights and powers necessary or incidental to or implied from the
 33    specific powers granted herein. Such specific powers shall not  be  considered
 34    as  a limitation upon any power necessary or appropriate to carry out the pur-
 35    poses and intent of this act chapter.
                                                                        
 36        SECTION 12.  That Section 42-5232, Idaho Code, be, and the same is  hereby
 37    amended to read as follows:
                                                                        
 38        42-5232.  LEVY OF ASSESSMENTS. (1) The secretary of the board shall be the
 39    assessor of the district, and on or before August 1 of each year shall prepare
 40    an assessment book containing a full and accurate list of all lands within the
 41    district that are subject to assessment under this chapter.
 42        (2)  At  a regular meeting of the board between August 1 and November 1 of
 43    each year, the board of directors shall determine the amount necessary  to  be
 44    raised  for  payment  of the annual payment on any and all indebtedness of the
 45    district for the following year.  Money received in payment  of  such  assess-
 46    ments shall be deposited in a separate fund to be known as the debt retirement
 47    fund.
 48        (3)  The  board shall, in addition, determine the assessments necessary to
 49    pay, without limitation, the expenses of developing, operating or  maintaining
 50    any mitigation plan established by the district and the cost of contracts with
 51    any  person  for mitigation plans, or evaluation of proposed contracts.  Money
 52    received in payment of such assessments shall be deposited in a separate  fund
 53    to be known as the mitigation expense fund.
                                                                        
                                           10
                                                                        
  1        (4)  The  board shall, in addition, determine the assessments necessary to
  2    pay maintenance and operation of the district not related to mitigation  plans
  3    or purposes. These operation and maintenance duties include making the assess-
  4    ment  book,  giving  notice of assessments and making collections thereof, and
  5    other duties, programs or projects of the district to the extent such  duties,
  6    programs  or  projects  are  not attributable to mitigation plans or purposes.
  7    Money received in payment of such assessments shall be deposited in a separate
  8    fund of the district to be known as the operating expense fund.
  9        (5)  Any ground water user who becomes a member of a district for  mitiga-
 10    tion  purposes shall be subject to no assessment beyond his proportional share
 11    of the costs, including administrative costs and other reasonable expenses, of
 12    any mitigation plan or actions or activities in furtherance of the  district's
 13    mitigation plans or purposes.
 14        (6)  No  assessment  made pursuant to this chapter shall be a lien against
 15    any municipal property.
 16        (76)  Except as otherwise provided in this chapter, each member shall  pay
 17    a  proportionate share of the total of all amounts to be assessed for the pur-
 18    poses aforementioned, which share shall be based on the ratio which the  quan-
 19    tity  of  water the water user is authorized to appropriate under the member's
 20    ground water right(s) bears to the total  quantity  of  water  authorized  for
 21    appropriation  under  the  ground  water rights of all water users in the dis-
 22    trict, provided, that the board shall be entitled  to  levy  assessments  that
 23    adjust a member's proportionate share to take into consideration, without lim-
 24    itation,  priority dates, consumptive use under the members' respective ground
 25    water rights, other attributes of the ground water rights appurtenant  to  the
 26    assessed  lands, and/or the benefits the member derives from a mitigation plan
 27    or other activity of the district and whether the  member  has  an  individual
 28    mitigation plan.
                                                                        
 29        SECTION  13.  That Section 42-5233, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        42-5233.  POWER TO INCUR INDEBTEDNESS -- ASSESSMENTS TO  SECURE  REPAYMENT
 32    -- WARRANTS. (1) In order to secure funds for the mitigation plan or plans for
 33    the  district,  the  board  of  directors  may, by resolution duly adopted and
 34    entered upon the minutes, incur indebtedness by contract with a money  lending
 35    institution;  provided  however,  that the term of such indebtedness shall not
 36    exceed ten thirty (130) years. To secure the repayment  of any indebtedness so
 37    incurred, the board shall levy assessments over the term of  the  indebtedness
 38    in  amounts  sufficient  to  repay the interest and principal as it falls due.
 39    Such assessments shall be levied in the manner and shall  be  subject  to  the
 40    limitations  set  forth in section 42-5232, Idaho Code, and may be levied only
 41    if the indebtedness has been approved at  an  election  pursuant  to  sections
 42    42-5234 through 42-5238, Idaho Code.
 43        (2)  Notwithstanding the provisions of subsection (1) of this section, the
 44    board  of  directors may, before the collection of the first assessment, incur
 45    indebtedness for the purpose of organization, or for any of  the  purposes  of
 46    this  chapter,  and cause warrants of the district to issue therefor, provided
 47    that the total dollar amount of the warrants authorized to be issued shall not
 48    exceed one dollar ($1.00) for each two-hundredths (.02) of a  cubic  foot  per
 49    second of ground water authorized to be diverted and used upon lands or facil-
 50    ities  located  within  the  district.  Following  the collection of the first
 51    assessment, the board of directors may at any time issue warrants of the  dis-
 52    trict  for  the purpose of paying claims of indebtedness against the district,
 53    including salaries of officers and employees, not  to  exceed  the  district's
                                                                        
                                           11
                                                                        
  1    anticipated revenue.
  2        (3)  The  warrants  herein  authorized  shall be in form and substance the
  3    same as county warrants or as nearly the same as may be practicable and  shall
  4    be  signed  by  the  chairman and attested by the secretary of said board. All
  5    such warrants shall be presented by the holder thereof to the treasurer of the
  6    district for payment who shall endorse thereon the  day  of  presentation  for
  7    payment  with  the additional endorsement thereon, in case of nonpayment, that
  8    they are not paid for want of funds, and such warrants shall draw interest  at
  9    a rate to be established by the board of directors from the date of their pre-
 10    sentation  to  the  treasurer for payment as aforesaid until such warrants are
 11    paid. No warrants shall be issued in payment of any indebtedness of such  dis-
 12    trict  for  less than face or par value. It shall be the duty of the treasurer
 13    from time to time when sufficient funds are  available  for  that  purpose  to
 14    advertise  in  a  newspaper  in  the  county in which the district is situated
 15    requiring the presentation to the treasurer for payment of as many of the out-
 16    standing warrants as are able to be paid. Ten (10) days after the first publi-
 17    cation of said notice by the treasurer calling in any of said outstanding war-
 18    rants, said warrants shall cease to bear interest, which shall  be  stated  in
 19    the  notice.  Said  notice  shall be published two (2) weeks consecutively and
 20    said warrants shall be called in and paid in the order of their endorsement.
                                                                        
 21        SECTION 14.  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
 44    payment of delinquent assessments with the county recorders, as  required,  on
 45    at least a monthly basis.
                                                                        
 46        SECTION  15.  That Section 42-5244, Idaho Code, be, and the same is hereby
 47    amended to read as follows:
                                                                        
 48        42-5244.  PROHIBITION AGAINST PARTICIPATION IN MITIGATION PLAN  WHEN  SUB-
 49    JECT  TO  DELINQUENT ASSESSMENT OR FOR NONPAYMENT OF OTHER MITIGATION COSTS. A
 50    ground water user who is delinquent in the payment of any  assessment  against
 51    his  water  use  under this chapter, or who has failed to pay other mitigation
                                                                        
                                           12
                                                                        
  1    costs owed to the district when due, is prohibited from being a participant in
  2    any mitigation plan until such delinquent assessment, or other past due amount
  3    owed for mitigation costs, is paid in full.  The district  shall  provide  the
  4    director a report of such delinquent assessments, or other past due mitigation
  5    costs, at the first of each month for purposes of enforcement. Prior to under-
  6    taking  enforcement,  the director may require from the district an accounting
  7    of the basis for the assessment and other mitigation costs and the  apportion-
  8    ment of those assessments and costs among district members. The district shall
  9    inform  the  director  immediately  upon  the  payment  of any such delinquent
 10    assessment, or other  past  due  mitigation  costs.   This  section  shall  be
 11    enforced by the watermaster within water districts established under chapter 6
 12    of  this  title, and by the director pursuant to sections 42-351 and 42-1701B,
 13    Idaho Code, in areas outside of such water district.
                                                                        
 14        SECTION 16.  That Section 42-5245, Idaho Code, be, and the same is  hereby
 15    amended to read as follows:
                                                                        
 16        42-5245.  PETITION  FOR  ANNEXATION  OF  LAND.  Any  ground water user, as
 17    defined in section 42-5201(8), Idaho Code, as well as any user of ground water
 18    for domestic or stock use as defined by sections 42-111  and  42-1401A,  Idaho
 19    Code,  may  file  with  the  board a petition in writing praying that the land
 20    and/or facilities listed under the ground water user's ground  water  right(s)
 21    may  be annexed into the district. The petition shall contain a legal descrip-
 22    tion of the lands and any other information the district may require, and  the
 23    petitioner  shall  state  under  oath  that petitioner holds the title to said
 24    lands. If the ground water user is a nonirrigator, the petition shall state if
 25    the ground water user is seeking to join the district solely to participate in
 26    the district's mitigation plan or other mitigation activities.
                                                                        
 27        SECTION 17.  That Section 42-5248, Idaho Code, be, and the same is  hereby
 28    amended to read as follows:
                                                                        
 29        42-5248.  ASSESSMENTS  AGAINST  ANNEXED  LANDS. (1) The board of directors
 30    may require, as a condition to the granting of an  annexation  petition,  that
 31    the  petitioners  shall severally pay to the district such respective sums, as
 32    nearly as the same can be estimated, as said petitioners, or  their  grantors,
 33    would have been required to pay such district, had such lands been included in
 34    such  district  at  the time it was originally formed, together with a propor-
 35    tionate share of the expenses of the district accrued since formation.
 36        (2)  If the petition seeks only to participate in  a  district  mitigation
 37    plan,  the  board  may  require a proportionate sum of the mitigation expenses
 38    accrued since the district was originally formed to be paid as a condition  to
 39    the granting of an annexation petition.
                                                                        
 40        SECTION  18.  That Section 42-5251, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
 42        42-5251.  PETITION FOR EXCLUSION OF LANDS -- LANDS MAY REMAIN IN THE  DIS-
 43    TRICT  FOR  MITIGATION PURPOSES ACTION ON PETITION BY DISTRICT BOARD. Any dis-
 44    trict member may file with the district board a petition requesting  that  the
 45    member's  lands  be excluded from the district.  The petition may request that
 46    the lands either be excluded for all purposes or be excluded for all  purposes
 47    except  mitigation.  The petition shall be signed by each petitioner, but need
 48    not be acknowledged and shall state that continued inclusion of the  lands  in
 49    the district is inappropriate or unwarranted:
                                                                        
                                           13
                                                                        
  1        (1)  Because  the  diversions of ground water under the ground water users
  2    water right have no depletive effect on any water source, either  individually
  3    or cumulatively when considered in conjunction with other similar diversions;
  4        (2)  Because the only ground water use associated with the lands sought to
  5    be  excluded  by  the  petition is a domestic or stock water use as defined by
  6    sections 42-111 and 42-1401A, Idaho Code;
  7        (3)  Because the exclusion of the lands will  not  impair  the  district's
  8    ability to repay debt or carry out mitigation plans;
  9        (4)  Because  the  exclusion  is in the best interests of the district and
 10    its members; or
 11        (5)  For other compelling reasons.
 12    The board shall consider the petition and, based on findings  concerning  such
 13    factors, the board shall grant or deny the petition within ninety (90) days of
 14    the date it is filed, unless the board, in its sole discretion, grants a hear-
 15    ing  on  the  petition  within such time period, in which case the board shall
 16    issue a final decision within sixty (60) days  after  the  conclusion  of  the
 17    hearing. All costs incurred by the district in carrying out the exclusion pro-
 18    ceeding  shall be assessed as provided in section 42-5253, Idaho Code.  A per-
 19    son purchasing land under a written contract shall be deemed to be  the  owner
 20    of that land for purposes of this section.
                                                                        
 21        SECTION  19.  That Section 42-5252, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        42-5252.  CONTENTS OF PETITION -- REPRESENTATIONS, CERTIFICATION AND  LIA-
 24    BILITY -- WAIVER OF BENEFITS UPON EXCLUSION.  (1)  A  petition  for  exclusion
 25    shall set forth or include the following:
 26        (a)  A  description  of the land and/or facilities of petitioner for which
 27        exclusion is requested, together with such evidence of  ownership  of  the
 28        land and/or facilities as is satisfactory to the district board;
 29        (b)  A  representation  that  no mortgagee or other person holds a lien of
 30        record in the county where the land for which exclusion  is  requested  is
 31        located,  for  which the lienholder's consent to the exclusion is required
 32        or that, if such consent is required, the consent has been granted by  the
 33        lienholder;
 34        (c)  If  the member seeks exclusion for all purposes, aAn explicit written
 35        waiver and relinquishment, on a form provided by the board  or  otherwise,
 36        of  all right to rely upon or be covered by any program, plan, activity or
 37        benefits of any kind provided by or through the district;
 38        (d)  If the member seeks to be excluded from the district for all purposes
 39        except mitigation, an explicit written waiver and  relinquishment  stating
 40        that the member recognizes and agrees that:
 41             (i)   The member no longer will be entitled to vote or participate in
 42             the governance of the district, to nominate directors, or to serve as
 43             a director of the district except as specified in this chapter;
 44             (ii)  The member will remain subject to all assessments pertaining to
 45             the district's mitigation program(s) or plans;
 46             (iii) The  member will be entitled to receive no benefits of any kind
 47             from the district except those pertaining to mitigation purposes.
 48        (e)  Regardless of whether the exclusion will be for all purposes  or  for
 49        all  except mitigation purposes, aAn explicit written statement, on a form
 50        provided by the board or otherwise, that the member recognizes and  agrees
 51        that he will remain liable to the district, and subject to assessment, for
 52        any financial indebtedness the member may have to the district for indebt-
 53        edness incurred before exclusion occurs.
                                                                        
                                           14
                                                                        
  1        (2)  The  district  board  shall return to the petitioner any petition not
  2    accompanied by the information required in subsection (1) of this section, and
  3    no further action shall be required of the board with respect  to  such  peti-
  4    tion.  The petitioner shall be liable for any expenses or damages to lienhold-
  5    ers or to other landowners or to the district resulting directly or indirectly
  6    from wrongful exclusion of lands by reason of untrue or  incorrect  statements
  7    in the petition.
  8        (3)  The  petition  for  exclusion  shall  be  signed by the member and be
  9    acknowledged in front of a notary public in the same manner as  for  deeds  of
 10    land.
                                                                        
 11        SECTION  20.  That Section 42-5253, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        42-5253.  ORDER OF EXCLUSION. (1) Upon receipt  of  a  properly  completed
 14    petition  for exclusion, In the event the district's board of directors grants
 15    a petition for exclusion, the board shall, by resolution, shall make an  order
 16    forthwith  excluding  the  lands described in the petition either for all pur-
 17    poses. or for only those purposes not related to  mitigation.  No  hearing  is
 18    required prior to granting a petition for exclusion.
 19        (2)  At a minimum, the order of exclusion shall specify that:
 20        (a)  Lands excluded for all purposes shall not be a part of or be entitled
 21        to receive any benefits from the district;
 22        (b)  Lands  excluded  only  for  purposes not related to mitigation, shall
 23        continue to be part of the district for mitigation purposes only and shall
 24        be assessed for these purposes as provided under this chapter;
 25        (c)  Any excluded  lands  are  subject  to  the  requirements  of  section
 26        42-5257, Idaho Code.
 27        (dc)  When  the  petition is filed on or before December 1 in any calendar
 28        year, any assessment, other than those specified in section 42-5257, Idaho
 29        Code, against the land for any calendar year subsequent  to  the  year  in
 30        which  the  petition was filed shall not be valid and no lien for any such
 31        attempted assessment shall attach under section 42-5240, Idaho Code.
                                                                        
 32        SECTION 21.  That Section 42-5256, Idaho Code, be, and the same is  hereby
 33    amended to read as follows:
                                                                        
 34        42-5256.  CHANGES  TO  BE  FILED FOR RECORD. The Any decision and order of
 35    the board of directors or the district court, in case of appeal, excluding the
 36    petitioner's land and changing the boundaries of such  ground  water  district
 37    shall  be  filed for record in the recorder's office of the county or counties
 38    within which are situated the lands of such ground water district.
                                                                        
 39        SECTION 22.  That Section 42-5257, Idaho Code, be, and the same is  hereby
 40    amended to read as follows:
                                                                        
 41        42-5257.  EXCLUSION -- EFFECT -- OBLIGATIONS OUTSTANDING -- ENFORCEMENT --
 42    PAYMENT -- CERTIFICATE. (1) Except as otherwise provided in this chapter, land
 43    and/or facilities excluded from any ground water district shall not thereafter
 44    be  entitled  to  any  of the rights and benefits of the district and shall be
 45    deemed to have fully relinquished all such rights and benefits.
 46        (2)  Land and/or facilities fully  excluded  from  a  district  and  those
 47    excluded  only  from nonmitigation purposes shall be subject to assessment and
 48    be otherwise chargeable for the payment and discharge of all obligations  out-
 49    standing  at  the  time of the entry of the exclusion order as fully as though
                                                                        
                                           15
                                                                        
  1    the land had not been excluded.  Such obligations shall include, but  are  not
  2    limited  to,  their  proportionate  share  of  any  of the district's existing
  3    indebtedness that was incurred for a project or activity that: (a) provided  a
  4    benefit  to  such  lands  prior  to  the  exclusion  and for which benefit the
  5    excluded lands remain indebted; or (b) continues to benefit  such  lands  even
  6    after  the  exclusion.   Where  either of these circumstances exists, excluded
  7    lands shall remain a part of the district for the purpose of discharging  such
  8    existing  contract  indebtedness,  and otherwise shall be obligated to pay all
  9    regular and special assessments to retire such debt as if they  had  not  been
 10    excluded.   The district's board of directors may allow any debt or obligation
 11    against any excluded land and/or facility to be paid in installments or in any
 12    other manner the board deems equitable.
 13        (3)  All provisions which could be used to compel the payment by  excluded
 14    land  of  its  portion  of  the  outstanding obligations had the exclusion not
 15    occurred, may be used to compel the payment on the part of  the  land  of  the
 16    portion of the outstanding obligations of the district for which it is liable.
 17        (4)  When  any  member obtaining the exclusion of land from a ground water
 18    district has paid to the district all of the debts and obligations of the dis-
 19    trict  assessable,  chargeable  or  allocable  to  the  land  and/or  facility
 20    excluded, the district may issue its certificate of full payment  executed  by
 21    the president and secretary of the district, and acknowledged so that the cer-
 22    tificate may be recorded in the records of the county wherein the land is sit-
 23    uate.
                                                                        
 24        SECTION  23.  That Section 42-5259, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        42-5259.  PARTICIPATION BY NONMEMBER IN  DISTRICT  SOLELY  FOR  MITIGATION
 27    PURPOSES. Upon written request from a ground water user who is not a member of
 28    a  district,  and  regardless of whether such user is an irrigator, a district
 29    board of directors shall enter a contract  with  such  nonmember  pursuant  to
 30    which  the  nonmember shall be allowed to participate fully in, and obtain all
 31    benefits of, any mitigation plan, purpose or activity the  district  currently
 32    has in force or is developing, provided that:
 33        (1)  The board finds that the plan is likely to be effective in mitigating
 34    the  effects of such nonmember's ground water use, and that including the non-
 35    member within the mitigation plan's coverage will not impair the plan's effec-
 36    tiveness as to district members;
 37        (2)  If the district's mitigation plan has been approved by the  director,
 38    the  board  shall  evaluate the contract request in accordance with any condi-
 39    tions of the district's mitigation plan which address equitable  participation
 40    by  ground  water  users  who  do not initially participate in such mitigation
 41    plan;
 42        (3)  Before the contract may be effective, the board may collect from  the
 43    nonmember  a  payment  adequate to compensate the district for the nonmember's
 44    proportional share of the costs the district already has incurred in  develop-
 45    ing and implementing the mitigation plan;
 46        (4)  The  board may include in the contract a provision requiring the non-
 47    member to pay a reasonable surcharge, either annually or on some other  basis,
 48    to  reimburse  the  district  for such nonmember's proportional share of those
 49    past or future costs of operating the district attributable to formulating  or
 50    implementing  the  mitigation plan or plans in which the nonmember is partici-
 51    pating;
 52        (5)  The board may require the nonmember to provide security to assure the
 53    payment of all assessments and charges related to the contract;
                                                                        
                                           16
                                                                        
  1        (6)  Nothing in this section shall be interpreted to limit the  district's
  2    ability  to enter into a contract with nonmembers pursuant to terms and condi-
  3    tions acceptable to both parties.
                                                                        
  4        SECTION 24.  That Section 42-5276, Idaho Code, be, and the same is  hereby
  5    amended to read as follows:
                                                                        
  6        42-5276.  INCLUSION  OF  IRRIGATION  DISTRICTS  ORGANIZED  UNDER TITLE 43.
  7    Where the water supply for lands is ground water  provided  by  an  irrigation
  8    district  established  under title 43, Idaho Code, and such lands are included
  9    in and subject to assessment by the irrigation district, such lands  shall  be
 10    included  in  a  ground  water district organized under the provisions of this
 11    chapter only if the board of the irrigation district serves notice in the same
 12    manner as that provided for nonirrigators in section 42-5214(2) and (3), Idaho
 13    Code files a petition for annexation into the district under section  42-5245,
 14    Idaho Code.
                                                                        
 15        SECTION 25.  SEVERABILITY.  The provisions of this act are hereby declared
 16    to  be  severable  and if any provision of this act or the application of such
 17    provision to any person or circumstance is declared invalid  for  any  reason,
 18    such  declaration  shall  not affect the validity of the remaining portions of
 19    this act.
                                                                        
 20        SECTION 26.  An emergency existing therefor,  which  emergency  is  hereby
 21    declared to exist, this act shall be in full force and effect on and after its
 22    passage and approval.

Statement of Purpose / Fiscal Impact


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                       STATEMENT OF PURPOSE

                             RS 15184

The purpose of this legislation is to require mandatory
membership for all ground water users except for domestic and
livestock water rights. The reason ground water districts want
this to change is to insure the mitigation and district
operational costs are equally spread to all ground water users
who receive benefits. Ground water district membership has been
voluntary since 1995 but ever increasing mitigation and
operational costs have stretched the financial limits of ground
water district members. Ground water districts believe all ground
water users who benefit from mitigation and ground water district
operational costs should become members and pay their fair share.


                           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 ground water district members.



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 372