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H0576.........................................by RESOURCES AND CONSERVATION
IRRIGATION DISTRICTS - Amends existing law relating to irrigation
districts; to revise filing requirements relating to written nominations
for the office of director; to revise publication requirements relating to
notices of certain irrigation district elections; and to revise provisions
relating to elections involving the question of a contract between a
district and the United States.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to Res/Con
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 64-1-5
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp,
Lake, LeFavour, Martinez, Mathews, McGeachin, McKague, Miller,
Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Shepherd(2),
Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie(Luker),
Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
NAYS -- Loertscher
Absent and excused -- Bedke, Brackett, Field(23), Schaefer, Wood
Floor Sponsor - Stevenson
Title apvd - to Senate
02/24 Senate intro - 1st rdg - to Res/Env
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Little
Title apvd - to House
03/17 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed - To Governor
03/22 Governor signed
Session Law Chapter 124
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 576
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO IRRIGATION DISTRICTS; AMENDING SECTION 43-201, IDAHO CODE, TO
3 REVISE FILING REQUIREMENTS RELATING TO WRITTEN NOMINATIONS FOR THE OFFICE
4 OF DIRECTOR AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 43-401,
5 IDAHO CODE, TO REVISE PUBLICATION REQUIREMENTS RELATING TO NOTICES OF CER-
6 TAIN IRRIGATION DISTRICT ELECTIONS; AND AMENDING SECTION 43-1808, IDAHO
7 CODE, TO REVISE PROVISIONS RELATING TO ELECTIONS INVOLVING THE QUESTION OF
8 A CONTRACT BETWEEN A DISTRICT AND THE UNITED STATES.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 43-201, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 43-201. ELECTION, TERM OF OFFICE, NOMINATIONS AND QUALIFICATIONS. Follow-
13 ing the organization of any district, an election shall be held in accordance
14 with section 34-106, Idaho Code, at which shall be elected one (1) director
15 for each division of said district by the electors of the district at large.
16 The term of office of the directors shall, immediately after the first elec-
17 tion following such organization, be selected by lot so that as nearly as may
18 be, one-third (1/3) of the number shall hold office for the term of one (1)
19 year; one-third (1/3) for the term of two (2) years, and the balance for the
20 term of three (3) years. And an election shall be held in the district in
21 accordance with section 34-106, Idaho Code, for each year thereafter, at which
22 directors shall be elected to succeed those whose terms expire, to hold office
23 for a term of three (3) years, or until their successors are elected and qual-
24 ified. Every director must be a qualified elector and a resident of the divi-
25 sion of the director whom he is to succeed in office; provided that, in dis-
26 tricts of fifteen thousand (15,000) acres or less, the bylaws may, by resolu-
27 tion of two-thirds (2/3) of the board and adoption by two-thirds (2/3) of the
28 electors voting in a district election conducted in accordance with the gen-
29 eral election laws of the state applicable to irrigation districts, set forth
30 a provision allowing a district landowner to serve as the director from the
31 division in which the landowner owns land, if the landowner possesses all the
32 qualifications required of electors under the general laws of the state and
33 has resided within fifteen (15) miles of the district for a period of at least
34 thirty (30) days prior to the election; provided further than that any land-
35 owner who owns land in more than one (1) division may serve as the director
36 only from the division nearest which he resides. Written nominations for the
37 office of director if any are made, must be signed by at least six (6) elec-
38 tors in districts having less than one hundred (100) resident electors and by
39 at least twelve (12) electors in districts having more than one hundred (100)
40 resident electors, and filed with the secretary of the district not less than
41 twenty forty (240) days nor more than forty sixty (460) days before the date
42 of election; and the names of the persons so nominated shall be placed upon
43 official ballot to be furnished by the district.
2
1 SECTION 2. That Section 43-401, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 43-401. PLAN OF CONSTRUCTION -- ISSUANCE OF BONDS -- INDEBTEDNESS --
4 ELECTION. As soon as practicable after the organization of any such district
5 the board of directors shall, by a resolution entered on its records, formu-
6 late a general plan of its proposed operations, in which it shall state what
7 constructed works or other property it proposes to purchase and the cost of
8 purchasing the same; and further what construction work it proposes to do and
9 how it proposes to raise the funds for carrying out said plan. For the purpose
10 of ascertaining the cost of any such construction work, said board shall cause
11 such surveys, examinations and plans to be made as shall demonstrate the prac-
12 ticability of such plan, and furnish the proper basis for an estimate of the
13 cost of carrying out the same. All such surveys, examinations, maps, plans and
14 estimates, shall be made under the direction of a competent irrigation engi-
15 neer and certified by him. Said board shall then submit a copy of the same to
16 the department of water resources, and within ninety (90) days thereafter the
17 department shall file a report upon the same with said board, which report
18 shall contain such matters as, in the judgment of the department may be desir-
19 able.
20 Upon receiving said report said board of directors shall proceed to deter-
21 mine the amount of money necessary to be raised, and shall immediately there-
22 after call a special election, at which shall be submitted to the electors of
23 said district possessing the qualifications hereinafter prescribed the ques-
24 tion whether or not the bonds of said district, or the right to enter into an
25 obligation with the United States in the manner hereinafter in this title pro-
26 vided, or whether a contractual arrangement with a money-lending institution
27 in the amount as determined, shall be authorized.
28 Notice of such election must be given by posting notices in three (3) pub-
29 lic places in each election precinct in said district at least four (4) weeks
30 before the date of said election, and the by publication thereof for the same
31 length of time of the same once a week for four (4) consecutive weeks in some
32 a newspaper published in having general circulation within the district, and
33 in case no paper is published in the district, then in a paper published in
34 each county in which the district or any part thereof is located. Notice given
35 by publication in a weekly newspaper shall be published in four (4) consecu-
36 tive issues thereof, or if in a daily newspaper, at least six (6) days shall
37 elapse between the first and last dates of publication, and in either case,
38 publication shall be completed not less than fifteen (15) days before the
39 election. Such notice must specify the time of holding the election, the qual-
40 ifications of voters, the amount of bonds proposed to be issued, and, in case
41 such maps and estimates have been made, it shall further state that copies
42 thereof, and in all cases it shall state that said report of the department of
43 water resources, are on file and open to public inspection by the people of
44 the district, at the office of said board and at the office of the department
45 of water resources.
46 No person who is not a resident holder of title or evidence of title to
47 lands located and subject to assessment within such district, or the wife or
48 husband of such holder of title or evidence of title, shall be entitled to
49 vote at such election. Otherwise said election must be held and the results
50 thereof determined and declared in all respects as nearly as practicable in
51 conformity with the provisions of this title governing the election of offi-
52 cers: provided, that no informalities in conducting such an election shall
53 invalidate the same if the election shall have been otherwise fairly con-
54 ducted. At such election the ballots shall contain the words "bonds--yes" or
3
1 "bonds--no," or other words equivalent thereto. If two-thirds (2/3) of the
2 votes cast are "bonds--yes" the board of directors shall cause bonds in said
3 amount to be issued; if more than one-third (1/3) of the votes cast at any
4 bond election are "bonds--no" the result of such election shall be so declared
5 and entered of record.
6 And whenever thereafter said board in its judgment deems it for the best
7 interest of the district that the question of the issuance of bonds in said
8 amount, or any other amount, shall be submitted to the electors, it shall so
9 declare of record in its minutes, and may thereupon submit such questions to
10 said electors in the same manner and with like effect as at such previous
11 election.
12 SECTION 3. That Section 43-1808, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 43-1808. ELECTION TO DETERMINE WHETHER DISTRICT SHALL CONTRACT WITH GOV-
15 ERNMENT. (a) At any election under the provisions of section 43-401, Idaho
16 Code, when the question of a contract between the district and the United
17 States is to be voted upon, the notice of such election may state generally
18 the terms of such contract and the ballots may contain the words
19 "Contract--yes" or "Contract--no," or other words equivalent thereto, instead
20 of the words "Bonds--yes" or "Bonds--no," and the procedure in connection with
21 such vote upon such contract, and the confirmation thereof by the court shall
22 otherwise be the same as provided in connection with a bond issue.
23 (b) Any election where the question of a contract between an irrigation
24 district and the United States providing for the payment by the United States
25 of the irrigation district's proportionate share of the capital costs of
26 reconstructing, rehabilitating, replacing or improving dams, structures or
27 works, whether or not legal title thereto is owned by the district, necessary
28 to the storage, diversion or delivery of water necessary and appurtenant to
29 the purposes for which such district was organized is to be voted upon, shall
30 be conducted in accordance with the provisions of section 43-401, Idaho Code,
31 insofar as possible. The question shall be submitted to a vote of all quali-
32 fied electors of the district as defined in section 43-111, Idaho Code, except
33 that any person residing within the boundaries of the irrigation district and
34 meeting the qualifications of section 34-104, Idaho Code, shall also be per-
35 mitted to vote. No report need be obtained from the department of water
36 resources and the notice of election need not contain any recital concerning a
37 report from the department of water resources. The contract between an irriga-
38 tion district and the United States providing for the payment by the United
39 States of the irrigation district's proportionate share of the capital costs
40 of reconstructing, rehabilitating, replacing or improving dams, structures or
41 works, the election approving the contract and all proceedings taken by an
42 irrigation district in connection with the contract and election need not be
43 confirmed by the district court.
STATEMENT OF PURPOSE
RS 15948
This legislation proposes to amend the deadlines for director
nominations to make them consistent with the notice provisions
for elections. The legislation further proposes to amend the
notice provisions for bonding to make them consistent with other
notice provisions throughout Title 43. Finally, the legislation
proposes to eliminate language in 43-1808A to clarify that
judicial confirmation is not required when irrigation districts
enter into contracts with the United States Government.
FISCAL NOTE
There is no fiscal impact.
Contact
Name: Rep. John A. Stevenson
Phone: (208) 332-1000
Norm Semanko, IWUA
STATEMENT OF PURPOSE/FISCAL NOTE H 576