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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 - 2005
IN 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 as is are
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 development account fund.
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 - 2005
Moved 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 - 2005
IN 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 as is are
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 development account fund.
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