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H0373aa...................................................by WAYS AND MEANS WATER RIGHTS - Amends existing law to authorize the Idaho Water Resources Board to take specified action to plan, finance, acquire, establish, operate and maintain a program or projects to enhance water supplies and reduce demand for water; to provide that specified actions are declared to be in the public interest; to provide that particular revenue bonds may be issued and sold for the acquisition of water rights; to provide that certain revenues collected by or on behalf of water user entities and revenue received from the lease of water rights shall be placed in the Revolving Development Fund; to provide that the Idaho Water Resource Board Revolving Development Fund shall be allocated to the board for payment of costs associated with the issuance and repayment of the board's revenue bonds; to provide for broad construction; 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 Rls susp - PASSED - 65-4-1 AYES -- Andrus, Barraclough, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24)(Frost), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Barrett, Loertscher, Ringo, Sali Absent and excused -- Anderson Floor Sponsor - Raybould Title apvd - to Senate 03/29 Senate intro - 1st rdg - to Res/Env 03/30 Rpt out - rec d/p - to 2nd rdg 03/31 2nd rdg - to 3rd rdg 04/06 3rd rdg - PASSED - 32-1-2 AYES -- Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher(Fulcher), Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Williams NAYS -- Werk Absent and excused -- Andreason, Gannon Floor Sponsor - Williams Title apvd - to House 04/06 To enrol 04/07 Rpt enrol - Sp/Pres signed - To Governor 04/12 Governor signed Session Law Chapter 362 Effective: 04/12/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 373 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO WATER; TO PROVIDE LEGISLATIVE FINDINGS; TO AUTHORIZE THE IDAHO 3 WATER RESOURCES BOARD TO TAKE SPECIFIED ACTION TO PLAN, FINANCE, ACQUIRE, 4 ESTABLISH, OPERATE AND MAINTAIN A PROGRAM OR PROJECTS TO ENHANCE WATER 5 SUPPLIES AND REDUCE DEMAND FOR WATER AND TO PROVIDE THAT SPECIFIED ACTIONS 6 ARE DECLARED TO BE IN THE PUBLIC INTEREST; AMENDING SECTION 42-1740, IDAHO 7 CODE, TO PROVIDE THAT PARTICULAR REVENUE BONDS MAY BE ISSUED AND SOLD FOR 8 THE ACQUISITION OF WATER RIGHTS AND TO MAKE A TECHNICAL CORRECTION; AMEND- 9 ING SECTION 42-1753, IDAHO CODE, TO PROVIDE THAT REVENUES RECEIVED FROM 10 ASSESSMENTS, LEASES OR FEES PAID BY WATER USERS SHALL BE PLACED IN THE 11 REVOLVING DEVELOPMENT FUND; AMENDING SECTION 42-1754, IDAHO CODE, TO PRO- 12 VIDE THAT THE IDAHO WATER RESOURCE BOARD REVOLVING DEVELOPMENT FUND SHALL 13 BE ALLOCATED TO THE BOARD FOR PAYMENT OF COSTS ASSOCIATED WITH THE ISSU- 14 ANCE AND REPAYMENT OF THE BOARD'S REVENUE BONDS AND TO MAKE A TECHNICAL 15 CORRECTION; TO PROVIDE FOR BROAD CONSTRUCTION; TO PROVIDE FOR SEVERABIL- 16 ITY; AND DECLARING AN EMERGENCY. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. LEGISLATIVE FINDINGS. (1) Water users relying upon surface 19 water and ground water supplies in many parts of Idaho, including the Snake 20 River Basin, which encompasses a large portion of the state, are presently 21 experiencing or may experience water shortages due to a combination of fac- 22 tors, including reduced aquifer recharge due to changes in surface water irri- 23 gation practices, increased ground water withdrawals, and prolonged drought 24 conditions. 25 (2) It is essential that the state provide a reasonable degree of cer- 26 tainty and assistance in water resource management, water project funding, and 27 water rights administration for the benefit and safeguarding of its citizens 28 and for the benefit and safeguarding of the state and local economies that 29 rely upon the diversion and use of water for their viability. 30 (3) The legislature is determined to assist in achieving long-term sta- 31 bility in water supplies for the well-being of our citizens by encouraging the 32 Water Resource Board to utilize its constitutional and statutory authorities 33 to finance water projects designed both to enhance available water supplies 34 and reduce demands upon our water resources in a manner that is protective of 35 individual rights and promotes the best interests of our citizens. 36 SECTION 2. IDAHO WATER RESOURCE BOARD AUTHORIZATION. The Idaho Water 37 Resource Board is authorized to take all actions necessary in accordance with 38 existing law to plan, finance, acquire, establish, operate and maintain a pro- 39 gram or projects to enhance water supplies and reduce demand for water through 40 the financing of water rights acquisitions and managed recharge projects, to 41 option, purchase, acquire, own, sell, exchange, lease, rent, and maintain 42 water rights and other property deemed necessary or proper for such program or 43 projects, to negotiate and enter into contracts for the acquisition or convey- 2 1 ance of water rights or interests therein, including to provide mitigation by 2 the holders of junior-priority ground water rights for the benefit of the 3 holders of senior-priority surface water rights, to issue and sell revenue 4 bonds under the provisions of Sections 42-1739 through 42-1749, Idaho Code, 5 pledging thereto the revenues which the board shall derive from such program 6 or project, in order to pay its costs of planning, financing, acquisition, 7 establishment, operation and maintenance of such program or projects, and to 8 deposit and withdraw program moneys from the Water Resource Board Revolving 9 Development Fund received from appropriations, the sale of bonds, ground water 10 districts, or from other sources, under the provisions of Sections 42-1750 11 through 42-1758, Idaho Code. All moneys paid or property supplied by the Idaho 12 Water Resource Board for the purpose of carrying out the provisions of this 13 act are hereby declared to be for water projects which are deemed to be in the 14 public interest. 15 SECTION 3. That Section 42-1740, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 42-1740. PURPOSES. All revenue bonds authorized under the terms of this 18 act may be issued and sold from time to time and in such amounts asisare 19 deemed necessary to provide sufficient funds for carrying out all its powers 20 and, without limiting the generality thereof, shall include the following: 21 acquisition of water rights, rehabilitation and repair of existing irrigation 22 projects and irrigation facilities, and construction, maintenance, repair and 23 operation of water projects, engineering and other costs for investigation and 24 promotion of water projects, fiscal and legal expenses, cost of issuance of 25 bonds including printing and advertising expenses, the establishment of bond 26 reserves, and payment of interest on bonds. 27 SECTION 4. That Section 42-1753, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 42-1753. SOURCE OF FUND. Funds borrowed from the revolving development 30 fund, together with interest due thereon, shall be repaid to the board and 31 placed in the revolving fund together with receipts and revenues of any type 32 and nature derived from any project constructed, operated, or maintained, in 33 whole or in part, with moneys from the revolving fund, revenues received over 34 and above the cost of projects financed by revenue bonds, revenues received 35 from assessments, leases or fees paid by water users, revenues received from 36 the sale of state land acquired by the board for water projects, surplus reve- 37 nues from the sale of Carey Act (Title 43 USCA s. 641) lands, fees received 38 from water deliveries which are in excess of costs on projects sponsored by 39 the board, gifts or grants from any source when the same are made for purposes 40 consistent with those for which the revolving fund is established, and moneys 41 from any other appropriate source. 42 SECTION 5. That Section 42-1754, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 42-1754. ALLOCATION OF FUND. The Idaho water resource board revolving 45 development fund shall be allocated for use: 46 (a) To the board for a project which it deems to be "in the public inter- 47 est" and which, in its opinion, further implements any extant Idaho state 48 water plan, in such amounts as are necessary for preparation of a feasibility 49 study of the project, engineering services in preparing designs and specifica- 3 1 tions, and for construction of the project. 2 (b) As loans from the revolving development fund which may be approved by 3 the board and made to irrigation districts, canal or irrigation companies, 4 water users' associations, municipal or private corporations, or, in special 5 cases when approved by the board, to individuals to finance project costs, 6 provided, however, that no loans shall be made to finance feasibility studies 7 except as a part of overall project costs. 8 (c) To establish reserve accounts or guarantee funds in the state trea- 9 sury to aid in the funding of water projects. Interest earned on such moneys 10 invested by the state treasurer shall be paid into the water resource board 11 revolving developmentaccountfund. 12 (d) To the board to finance joint ventures for project construction with 13 federal agencies, neighboring states, legal subdivisions of the state, private 14 corporations, or other organizations, and including the costs of feasibility 15 studies, investigations, and other preparatory expenses, for purposes consis- 16 tent with those for which the fund is established, and the board is authorized 17 to use the fund for these purposes. 18 (e) To the board to finance feasibility studies, investigations, and 19 other preparatory expenses for projects it intends to fund through the sale of 20 revenue bonds or through use of funds from other sources. 21 (f) To the board for payment of costs associated with the issuance and 22 repayment of the board's revenue bonds. 23 SECTION 6. CONSTRUCTION. The provisions of this act shall be construed 24 broadly to effectuate the stated purposes of the act. 25 SECTION 7. SEVERABILITY. The provisions of this act are hereby declared 26 to be severable and if any provision of this act or the application of such 27 provision to any person or circumstance is declared invalid for any reason, 28 such declaration shall not affect the validity of the remaining portions of 29 this act. 30 SECTION 8. An emergency existing therefor, which emergency is hereby 31 declared to exist, this act shall be in full force and effect on and after its 32 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005Moved by Raybould Seconded by Stevenson IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 373 1 AMENDMENTS TO SECTION 4 2 On page 2 of the printed bill, delete lines 34 and 35 and insert: "and 3 above the cost of projects financed by revenue bonds, revenues collected by or 4 on behalf of water user entities for the purpose of repaying indebtedness 5 under applicable statutory authority, revenues received from"; and in line 37, 6 following "lands," insert: "revenues received from the lease of water 7 rights,". 8 CORRECTIONS TO TITLE 9 On page 1, in line 3, delete "RESOURCES" and insert: "RESOURCE"; and 10 delete lines 9 through ll and insert: "ING SECTION 42-1753, IDAHO CODE, TO 11 PROVIDE THAT CERTAIN REVENUES COLLECTED BY OR ON BEHALF OF WATER USER ENTITIES 12 AND REVENUES RECEIVED FROM THE LEASE OF WATER RIGHTS SHALL BE PLACED IN THE 13 REVOLVING DEVELOPMENT FUND; AMENDING SECTION 42-1754, IDAHO CODE, TO PRO-".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 373, As Amended BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO WATER; TO PROVIDE LEGISLATIVE FINDINGS; TO AUTHORIZE THE IDAHO 3 WATER RESOURCE BOARD TO TAKE SPECIFIED ACTION TO PLAN, FINANCE, ACQUIRE, 4 ESTABLISH, OPERATE AND MAINTAIN A PROGRAM OR PROJECTS TO ENHANCE WATER 5 SUPPLIES AND REDUCE DEMAND FOR WATER AND TO PROVIDE THAT SPECIFIED ACTIONS 6 ARE DECLARED TO BE IN THE PUBLIC INTEREST; AMENDING SECTION 42-1740, IDAHO 7 CODE, TO PROVIDE THAT PARTICULAR REVENUE BONDS MAY BE ISSUED AND SOLD FOR 8 THE ACQUISITION OF WATER RIGHTS AND TO MAKE A TECHNICAL CORRECTION; AMEND- 9 ING SECTION 42-1753, IDAHO CODE, TO PROVIDE THAT CERTAIN REVENUES COL- 10 LECTED BY OR ON BEHALF OF WATER USER ENTITIES AND REVENUES RECEIVED FROM 11 THE LEASE OF WATER RIGHTS SHALL BE PLACED IN THE REVOLVING DEVELOPMENT 12 FUND; AMENDING SECTION 42-1754, IDAHO CODE, TO PROVIDE THAT THE IDAHO 13 WATER RESOURCE BOARD REVOLVING DEVELOPMENT FUND SHALL BE ALLOCATED TO THE 14 BOARD FOR PAYMENT OF COSTS ASSOCIATED WITH THE ISSUANCE AND REPAYMENT OF 15 THE BOARD'S REVENUE BONDS AND TO MAKE A TECHNICAL CORRECTION; TO PROVIDE 16 FOR BROAD CONSTRUCTION; TO PROVIDE FOR SEVERABILITY; AND DECLARING AN 17 EMERGENCY. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. LEGISLATIVE FINDINGS. (1) Water users relying upon surface 20 water and ground water supplies in many parts of Idaho, including the Snake 21 River Basin, which encompasses a large portion of the state, are presently 22 experiencing or may experience water shortages due to a combination of fac- 23 tors, including reduced aquifer recharge due to changes in surface water irri- 24 gation practices, increased ground water withdrawals, and prolonged drought 25 conditions. 26 (2) It is essential that the state provide a reasonable degree of cer- 27 tainty and assistance in water resource management, water project funding, and 28 water rights administration for the benefit and safeguarding of its citizens 29 and for the benefit and safeguarding of the state and local economies that 30 rely upon the diversion and use of water for their viability. 31 (3) The legislature is determined to assist in achieving long-term sta- 32 bility in water supplies for the well-being of our citizens by encouraging the 33 Water Resource Board to utilize its constitutional and statutory authorities 34 to finance water projects designed both to enhance available water supplies 35 and reduce demands upon our water resources in a manner that is protective of 36 individual rights and promotes the best interests of our citizens. 37 SECTION 2. IDAHO WATER RESOURCE BOARD AUTHORIZATION. The Idaho Water 38 Resource Board is authorized to take all actions necessary in accordance with 39 existing law to plan, finance, acquire, establish, operate and maintain a pro- 40 gram or projects to enhance water supplies and reduce demand for water through 41 the financing of water rights acquisitions and managed recharge projects, to 42 option, purchase, acquire, own, sell, exchange, lease, rent, and maintain 43 water rights and other property deemed necessary or proper for such program or 2 1 projects, to negotiate and enter into contracts for the acquisition or convey- 2 ance of water rights or interests therein, including to provide mitigation by 3 the holders of junior-priority ground water rights for the benefit of the 4 holders of senior-priority surface water rights, to issue and sell revenue 5 bonds under the provisions of Sections 42-1739 through 42-1749, Idaho Code, 6 pledging thereto the revenues which the board shall derive from such program 7 or project, in order to pay its costs of planning, financing, acquisition, 8 establishment, operation and maintenance of such program or projects, and to 9 deposit and withdraw program moneys from the Water Resource Board Revolving 10 Development Fund received from appropriations, the sale of bonds, ground water 11 districts, or from other sources, under the provisions of Sections 42-1750 12 through 42-1758, Idaho Code. All moneys paid or property supplied by the Idaho 13 Water Resource Board for the purpose of carrying out the provisions of this 14 act are hereby declared to be for water projects which are deemed to be in the 15 public interest. 16 SECTION 3. That Section 42-1740, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 42-1740. PURPOSES. All revenue bonds authorized under the terms of this 19 act may be issued and sold from time to time and in such amounts asisare 20 deemed necessary to provide sufficient funds for carrying out all its powers 21 and, without limiting the generality thereof, shall include the following: 22 acquisition of water rights, rehabilitation and repair of existing irrigation 23 projects and irrigation facilities, and construction, maintenance, repair and 24 operation of water projects, engineering and other costs for investigation and 25 promotion of water projects, fiscal and legal expenses, cost of issuance of 26 bonds including printing and advertising expenses, the establishment of bond 27 reserves, and payment of interest on bonds. 28 SECTION 4. That Section 42-1753, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 42-1753. SOURCE OF FUND. Funds borrowed from the revolving development 31 fund, together with interest due thereon, shall be repaid to the board and 32 placed in the revolving fund together with receipts and revenues of any type 33 and nature derived from any project constructed, operated, or maintained, in 34 whole or in part, with moneys from the revolving fund, revenues received over 35 and above the cost of projects financed by revenue bonds, revenues collected 36 by or on behalf of water user entities for the purpose of repaying indebted- 37 ness under applicable statutory authority, revenues received from the sale of 38 state land acquired by the board for water projects, surplus revenues from the 39 sale of Carey Act (Title 43 USCA s. 641) lands, revenues received from the 40 lease of water rights, fees received from water deliveries which are in excess 41 of costs on projects sponsored by the board, gifts or grants from any source 42 when the same are made for purposes consistent with those for which the 43 revolving fund is established, and moneys from any other appropriate source. 44 SECTION 5. That Section 42-1754, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 42-1754. ALLOCATION OF FUND. The Idaho water resource board revolving 47 development fund shall be allocated for use: 48 (a) To the board for a project which it deems to be "in the public inter- 49 est" and which, in its opinion, further implements any extant Idaho state 3 1 water plan, in such amounts as are necessary for preparation of a feasibility 2 study of the project, engineering services in preparing designs and specifica- 3 tions, and for construction of the project. 4 (b) As loans from the revolving development fund which may be approved by 5 the board and made to irrigation districts, canal or irrigation companies, 6 water users' associations, municipal or private corporations, or, in special 7 cases when approved by the board, to individuals to finance project costs, 8 provided, however, that no loans shall be made to finance feasibility studies 9 except as a part of overall project costs. 10 (c) To establish reserve accounts or guarantee funds in the state trea- 11 sury to aid in the funding of water projects. Interest earned on such moneys 12 invested by the state treasurer shall be paid into the water resource board 13 revolving developmentaccountfund. 14 (d) To the board to finance joint ventures for project construction with 15 federal agencies, neighboring states, legal subdivisions of the state, private 16 corporations, or other organizations, and including the costs of feasibility 17 studies, investigations, and other preparatory expenses, for purposes consis- 18 tent with those for which the fund is established, and the board is authorized 19 to use the fund for these purposes. 20 (e) To the board to finance feasibility studies, investigations, and 21 other preparatory expenses for projects it intends to fund through the sale of 22 revenue bonds or through use of funds from other sources. 23 (f) To the board for payment of costs associated with the issuance and 24 repayment of the board's revenue bonds. 25 SECTION 6. CONSTRUCTION. The provisions of this act shall be construed 26 broadly to effectuate the stated purposes of the act. 27 SECTION 7. SEVERABILITY. The provisions of this act are hereby declared 28 to be severable and if any provision of this act or the application of such 29 provision to any person or circumstance is declared invalid for any reason, 30 such declaration shall not affect the validity of the remaining portions of 31 this act. 32 SECTION 8. An emergency existing therefor, which emergency is hereby 33 declared to exist, this act shall be in full force and effect on and after its 34 passage and approval.
STATEMENT OF PURPOSE RS 15195 The purpose of this legislation is to address serious water shortage problems in the state by authorizing the Idaho Water Resource Board to fund a water rights acquisition and mitigation program through the issuance of revenue bonds secured by program revenues paid by water users who will benefit from the program and from other sources. The program is intended to provide a means of financing water projects designed to enhance water supplies, reduce water demand, improve water management, and provide water for mitigation purposes. The program is declared to be a water project deemed to be in the public interest. The program will be implemented in a manner that is protective of individual rights and promotes the best interests of the citizens of the state. The legislation amends Section 42-1740, Idaho Code, to add acquisition of water rights as a purpose for which the Water Resource Board may issue revenue bonds. The legislation amends Section 42-1753, Idaho Code, to add revenues received from assessments or fees paid by water users as a potential source of funds credited to the Board's Revolving Development Fund. The legislation amends Section 42-1754, Idaho Code, to authorize moneys from the Revolving Development fund to be allocated to the Water Resource Board for payment of costs associated with the issuance and repayment of the Board's revenue bonds. FISCAL NOTE Enactment of this legislation will have no direct effect upon the state's general fund or other state or local funds, but it should indirectly benefit these funds by helping to achieve long-term stability in water supplies relied upon for the economic well- being of the citizens of the state. Contact Name: Representative John A. Stevenson Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 373