2005 Legislation
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HOUSE BILL NO. 374 – Water dist, expenses

HOUSE BILL NO. 374

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Bill Status



H0374aa...................................................by WAYS AND MEANS
WATER DISTRICTS - Adds to existing law to provide that the director of the
Department of Water Resources shall create or modify certain water
districts; to provide that beginning in the year 2006, specified costs
shall be included in water district budgets; to provide for the
apportionment of such costs between water districts; to provide that at
annual meetings certain water districts shall select a specified number of
water users to serve on an advisory committee; to provide for apportionment
of advisory committee members; and to provide for a maximum amount for
certain department costs to be included in water district budgets.
                                                                        
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 - 64-6-0
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet,
      Jones, Kemp, Lake, LeFavour, Martinez, Mathews, McGeachin, Miller,
      Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
      Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smith(24)(Frost), Smylie,
      Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Barrett, Harwood, Loertscher, McKague, Sali, Wood
      Absent and excused -- None
    Floor Sponsor - Stevenson
    Title apvd - to Senate
03/29    Senate intro - 1st rdg - to Res/Env
03/30    Rpt out - rec d/p - to 2nd rdg
03/31    2nd rdg - to 3rd rdg
04/06    3rd rdg - PASSED - 32-1-2
      AYES -- Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner,
      Compton, Corder, Darrington, Davis, Fulcher(Fulcher), Geddes, Goedde,
      Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
      Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner,
      Stennett, Sweet, Werk, Williams
      NAYS -- Brandt
      Absent and excused -- Andreason, Gannon
    Floor Sponsor - Burtenshaw
    Title apvd - to House
04/06    To enrol
04/07    Rpt enrol - Sp/Pres signed - To Governor
04/12    Governor signed
         Session Law Chapter 363
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 374
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO WATER; AMENDING CHAPTER 6, TITLE 42, IDAHO CODE, BY  THE  ADDITION
  3        OF  A  NEW SECTION 42-620, IDAHO CODE, TO PROVIDE THAT THE DIRECTOR OF THE
  4        DEPARTMENT OF WATER RESOURCES SHALL CREATE OR MODIFY  CERTAIN  WATER  DIS-
  5        TRICTS,  TO  PROVIDE THAT BEGINNING IN THE YEAR 2006 SPECIFIED COSTS SHALL
  6        BE INCLUDED AS AN EXPENSE OF DELIVERING WATER IN WATER  DISTRICT  BUDGETS,
  7        TO PROVIDE FOR THE APPORTIONMENT OF SUCH EXPENSES BETWEEN WATER DISTRICTS,
  8        TO  PROVIDE THAT AT ANNUAL MEETINGS CERTAIN WATER DISTRICTS SHALL SELECT A
  9        SPECIFIED NUMBER OF WATER USERS TO SERVE ON AN ADVISORY COMMITTEE  AND  TO
 10        PROVIDE  A  MAXIMUM  AMOUNT FOR CERTAIN DEPARTMENT COSTS TO BE INCLUDED AS
 11        EXPENSES OF DELIVERING WATER.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Chapter 6, Title 42, Idaho Code,  be,  and  the  same  is
 14    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 15    ignated as Section 42-620, Idaho Code, and to read as follows:
                                                                        
 16        42-620.  ADDITIONAL WATER DISTRICT  EXPENSES  RELATING  TO  COSTS  OF  THE
 17    DEPARTMENT  OF WATER RESOURCES FOR ADMINISTRATION OF WATER RIGHTS ON THE EAST-
 18    ERN SNAKE RIVER PLAIN. (1) The director of the department of  water  resources
 19    shall create or modify water districts pursuant to section 42-604, Idaho Code,
 20    to  administer  all water rights from water sources hydraulically connected to
 21    the Eastern Snake Plain Aquifer (ESPA).  In adopting a  budget  under  section
 22    42-612,  Idaho Code, the water users in each such water district, beginning in
 23    2006, shall include as an expense of delivering water the  department's  costs
 24    for  monitoring  conditions of the ESPA, updating the ESPA ground water model,
 25    updating surface water modeling  tools,  and  updating  accounting  for  water
 26    rights. The expenses shall be apportioned between water districts based on the
 27    amount  of  water  delivered in the same manner as provided in section 42-612,
 28    Idaho Code.
 29        (2)  At its annual meeting, each water district distributing  water  among
 30    rights from water sources hydraulically connected to the ESPA shall select two
 31    (2)  water users from within the district to serve on an advisory committee to
 32    the director of the department of water resources for purposes of implementing
 33    the provisions of this section.
 34        (3)  The total amount of the department's  costs  to  be  included  as  an
 35    expense  of  delivering water pursuant to subsection (1) of this section shall
 36    not exceed one million two hundred thousand dollars ($1,200,000) in 2005  dol-
 37    lars,  multiplied  by the inflation factor for each year. The inflation factor
 38    for each year shall be communicated by the department to the legislature on or
 39    before January 15 of each year.

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 AMENDMENT TO H.B. NO. 374
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 23, delete "as an expense of deliv-
  3    ering water"; in line 26, delete "expenses" and insert: "department's  costs";
  4    in  line  30,  delete  "two" and insert: "one (1) or more"; in line 31, delete
  5    "(2) water users" and insert: "water user representative(s)"; in line 33, fol-
  6    lowing "section." insert: "The number of water users to be selected  to  serve
  7    on  the advisory committee from each water district shall be apportioned based
  8    on the amount of water delivered in each water district."; in line 34,  delete
  9    "as  an"; in line 35, delete "expense of delivering water"; in line 37, delete
 10    "year. The inflation factor"; delete lines 38 and  39  and  insert:  "year  as
 11    determined by the joint finance-appropriations committee of the legislature.".
                                                                        
 12                                 CORRECTIONS TO TITLE
 13        On  page 1, in line 6, delete "AS AN EXPENSE OF DELIVERING WATER"; in line
 14    7, delete "EXPENSES" and insert:  "COSTS";  in  line  9,  delete  "USERS"  and
 15    insert:  "USER  REPRESENTATIVES";  and  also  in line 9, following "COMMITTEE"
 16    insert: ", TO PROVIDE FOR THE APPORTIONMENT OF ADVISORY  COMMITTEE  MEMBERS,";
 17    in  line  10,  delete "AS"; delete line 11 and insert: "IN WATER DISTRICT BUD-
 18    GETS.".

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. 374, As Amended
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO WATER; AMENDING CHAPTER 6, TITLE 42, IDAHO CODE, BY  THE  ADDITION
  3        OF  A  NEW SECTION 42-620, IDAHO CODE, TO PROVIDE THAT THE DIRECTOR OF THE
  4        DEPARTMENT OF WATER RESOURCES SHALL CREATE OR MODIFY  CERTAIN  WATER  DIS-
  5        TRICTS,  TO  PROVIDE THAT BEGINNING IN THE YEAR 2006 SPECIFIED COSTS SHALL
  6        BE INCLUDED IN WATER DISTRICT BUDGETS, TO PROVIDE FOR THE APPORTIONMENT OF
  7        SUCH COSTS BETWEEN WATER DISTRICTS, TO PROVIDE  THAT  AT  ANNUAL  MEETINGS
  8        CERTAIN WATER DISTRICTS SHALL SELECT A SPECIFIED NUMBER OF WATER USER REP-
  9        RESENTATIVES  TO SERVE ON AN ADVISORY COMMITTEE, TO PROVIDE FOR THE APPOR-
 10        TIONMENT OF ADVISORY COMMITTEE MEMBERS, AND TO PROVIDE  A  MAXIMUM  AMOUNT
 11        FOR CERTAIN DEPARTMENT COSTS TO BE INCLUDED IN WATER DISTRICT BUDGETS.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Chapter  6,  Title  42, Idaho Code, be, and the same is
 14    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 15    ignated as Section 42-620, Idaho Code, and to read as follows:
                                                                        
 16        42-620.  ADDITIONAL  WATER  DISTRICT  EXPENSES  RELATING  TO  COSTS OF THE
 17    DEPARTMENT OF WATER RESOURCES FOR ADMINISTRATION OF WATER RIGHTS ON THE  EAST-
 18    ERN  SNAKE  RIVER PLAIN. (1) The director of the department of water resources
 19    shall create or modify water districts pursuant to section 42-604, Idaho Code,
 20    to administer all water rights from water sources hydraulically  connected  to
 21    the  Eastern  Snake  Plain Aquifer (ESPA).  In adopting a budget under section
 22    42-612, Idaho Code, the water users in each such water district, beginning  in
 23    2006,  shall  include  the department's costs for monitoring conditions of the
 24    ESPA, updating the ESPA ground water model, updating  surface  water  modeling
 25    tools,  and updating accounting for water rights. The department's costs shall
 26    be apportioned between water districts based on the amount of water  delivered
 27    in the same manner as provided in section 42-612, Idaho Code.
 28        (2)  At  its  annual meeting, each water district distributing water among
 29    rights from water sources hydraulically connected to the ESPA shall select one
 30    (1) or more water user representative(s) from within the district to serve  on
 31    an advisory committee to the director of the department of water resources for
 32    purposes  of  implementing the provisions of this section. The number of water
 33    users to be selected to serve on the advisory committee from each  water  dis-
 34    trict  shall  be  apportioned  based  on the amount of water delivered in each
 35    water district.
 36        (3)  The total amount of the department's costs to be included pursuant to
 37    subsection (1) of this section shall not exceed one million two hundred  thou-
 38    sand  dollars ($1,200,000) in 2005 dollars, multiplied by the inflation factor
 39    for each year as determined by the joint finance-appropriations  committee  of
 40    the legislature.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15196

The purpose of this legislation is to amend chapter 6, title 42,
Idaho Code, to add a new section providing for the collection of
a special annual assessment from water users within water
districts established or to be established on the Eastern Snake
River Plain. The special assessment is to pay the added water a
administration costs of the Idaho Department of Water Resources
attributable to implementing the monitoring and enforcement
provisions of the Eastern Snake Plain Aquifer(ESPA)Conceptual
Settlement Framework (the "Straw Man Proposal," dated September
15, 2004). The assessment shall be allocated among the water
users of the affected water districts in the same manner as
assessments to pay the costs of water distribution.


                           FISCAL NOTE

Enactment of this legislation will have no effect upon the
state's general fund or other state or local funds.



Contact
Name:  Representative John A. Stevenson 
Phone: 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                        H 374