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H0736aa....................................................by STATE AFFAIRS
GROUND WATER DISTRICTS - Amends existing law relating to ground water
districts to provide for assessment credits relating to ground water
district mitigation obligations by the Director of the Department of Water
Resources based on mitigation plans of certain nonirrigators; to provide
that the Director of the Department of Water Resources may require certain
accountings by ground water districts relating to nonmember participants;
to clarify provisions relating to petitions for exclusion of ground water
irrigated lands from ground water districts; and to provide for petitions
for exclusion of lands of nonirrigators from ground water districts.
02/24 House intro - 1st rdg - to printing
02/27 Rpt prt - to Res/Con
03/14 Rpt out - to Gen Ord
03/15 Rpt out amen - to engros
03/16 Rpt engros - 1st rdg - to 2nd rdg as amen
03/17 Rls susp - PASSED - 61-2-7
AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Brackett, Cannon, Chadderdon, Clark,
Collins, Deal, Denney, Edmunson, Eskridge, Field(18), Field(23),
Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake,
Loertscher, Martinez, Mathews, McKague, 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), Smylie, Snodgrass, Stevenson,
Trail, Mr. Speaker
NAYS -- Barrett, LeFavour
Absent and excused -- Bradford, Crow, Ellsworth, McGeachin, Sali,
Wills, Wood
Floor Sponsor - Stevenson
Title apvd - to Senate
03/20 Senate intro - 1st rdg - to Res/Env
03/28 Rpt out - rec d/p - to 2nd rdg
03/29 2nd rdg - to 3rd rdg
03/30 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Brandt, Broadsword, Burkett, Burtenshaw, Cameron,
Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner,
Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Bunderson, Hill
Floor Sponsor - Williams
Title apvd - to House
03/31 To enrol
04/03 Rpt enrol - Sp signed - Pres signed
04/04 To Governor
04/07 Governor signed
Session Law Chapter 355
Effective: 04/07/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 736
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO GROUND WATER DISTRICTS; AMENDING SECTION 42-5214, IDAHO CODE, TO
3 CLARIFY AN EXCEPTION RELATING TO THOSE DEEMED INCLUDED WITHIN AND SUBJECT
4 TO ASSESSMENT BY GROUND WATER DISTRICTS; AMENDING SECTION 42-5232, IDAHO
5 CODE, TO PROVIDE FOR CREDITS AND ADJUSTMENTS RELATING TO GROUND WATER DIS-
6 TRICT MITIGATION OBLIGATIONS BY THE DIRECTOR OF THE DEPARTMENT OF WATER
7 RESOURCES BASED ON MITIGATION OR REPLACEMENT WATER PLANS OF CERTAIN
8 NONIRRIGATORS; AMENDING SECTION 42-5244, IDAHO CODE, TO PROVIDE THAT THE
9 DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES MAY REQUIRE CERTAIN ACCOUNT-
10 INGS BY GROUND WATER DISTRICTS RELATING TO NONMEMBER PARTICIPANTS; AMEND-
11 ING SECTION 42-5251, IDAHO CODE, TO CLARIFY PROVISIONS RELATING TO PETI-
12 TIONS FOR EXCLUSION OF GROUND WATER IRRIGATION LANDS FROM GROUND WATER
13 DISTRICTS, TO PROVIDE FOR PETITIONS FOR EXCLUSION OF LANDS OF
14 NONIRRIGATORS FROM GROUND WATER DISTRICTS AND TO MAKE A TECHNICAL CORREC-
15 TION; AND DECLARING AN EMERGENCY.
16 Be It Enacted by the Legislature of the State of Idaho:
17 SECTION 1. 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 -- NOTICE AND
20 HEARING FOR MEMBERS INCLUDED IN DISTRICT AFTER MARCH 31, 2005 -- ORDER --
21 APPEAL AND CONCLUSIVENESS. (1) All ground water irrigators within the bound-
22 aries of the district shall be members of the district and subject to assess-
23 ments, rights and responsibilities established by the district as set forth in
24 this chapter, notwithstanding any change in the ownership or control of the
25 property of the water user, whether by way of transfer, exchange, conveyance,
26 assignment, lease, or otherwise, to which the water right or rights used to
27 determine assessments are appurtenant, unless excluded from the district pur-
28 suant to sections 42-5251 through 42-5257, Idaho Code. Except as provided in
29 section 42-5276, Idaho Code, any ground water irrigator who previously was not
30 a member as of March 31, 2005, shall be included as a member effective upon
31 order of the board finding and confirming that inclusion of such ground water
32 irrigator is in the best interests of the district and that such ground water
33 irrigator shall receive benefits from such inclusion as a member. Such order
34 may be made only after the board shall have caused a notice of such hearing to
35 be published in the manner of notices of elections, which notice shall state
36 that all persons interested in or that may be affected by such inclusion as a
37 member shall appear at the time and place named in the notice and show cause
38 in writing why they should not be included as a member. The board, at the time
39 mentioned in said notice shall hear any objections to inclusion. The failure
40 of any person to file with the district office an objection to inclusion as a
41 member prior to the noticed hearing shall be taken as an assent on his part to
42 such inclusion as a member of the district. Any order confirming the inclusion
43 of ground water irrigators as members of the district shall be certified by
2
1 the board president and secretary and filed for record in the recorder's
2 office of each county within which are situated any lands of the district and
3 notice of the order shall be published in the manner of notices of elections.
4 Any person who properly has filed an objection to inclusion as a member shall
5 have the right to appeal to the district court of the county in which such
6 person's ground water right is situated, provided such appeal shall be made
7 within thirty (30) days from the date of publication of the order confirming
8 such inclusion. After said thirty (30) day appeal period, no one shall have
9 any cause or right of action to contest the legality, formality or regularity
10 of said order of inclusion for any reason whatsoever, and thereafter, said
11 inclusion and the constitution and validity of the district shall be consid-
12 ered valid and incontestable without limitation. Any ground water irrigator
13 who previously was not a member of the district as of March 31, 2005, that is
14 included as a member upon order of the board shall be liable for his propor-
15 tionate share of all costs of the district incurred after such date, including
16 his proportionate share of all bonded, warrant or other indebtedness incurred
17 prior to March 31, 2005, but only the proportionate share of such prior
18 indebtedness applicable to the period after March 31, 2005.
19 (2) All nonirrigators within the boundaries of the district who voted
20 according to notice as provided in section 42-5210(3), Idaho Code, are members
21 of the district as specified in such notice.
22 (3) A nonirrigator also may become a member of a district by providing,
23 within sixty (60) days after the date on which the district is formed, written
24 notice to the district board that the nonirrigator wishes to join the district
25 either as a member for all purposes or as a member for mitigation purposes
26 only. Upon providing such notice, the nonirrigator shall be either a member
27 for all purposes or a member for mitigation purposes only, as specified in the
28 notice, and shall be subject to assessment accordingly as provided in this
29 chapter. After such sixty (60) day period, a nonirrigator may become a member
30 of a district only through the annexation procedure described in sections
31 42-5245 through 42-5249, Idaho Code.
32 (4) Except as provided for municipal, commercial, industrial, federal and
33 tribal ground water users in subsection (1) of this section nonirrigators as
34 defined in subsection (11) of section 42-5201, Idaho Code, any person whose
35 permit, license, or other entitlement to appropriate ground water was acquired
36 after the formation of the district, or who appropriates ground water for uses
37 not requiring a permit after the formation of the district, but qualifies as a
38 ground water user under subsection (8) of section 42-5201, Idaho Code, within
39 the area of the district in all other respects, shall be deemed included
40 within and subject to assessment by the district, if benefitted either
41 directly or indirectly by the district as of the date the permit, license, or
42 entitlement is acquired.
43 SECTION 2. That Section 42-5232, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 42-5232. LEVY OF ASSESSMENTS. (1) The secretary of the board shall be the
46 assessor of the district, and on or before August 1 of each year shall prepare
47 an assessment book containing a full and accurate list of all lands within the
48 district that are subject to assessment under this chapter.
49 (2) At a regular meeting of the board between August 1 and November 1 of
50 each year, the board of directors shall determine the amount necessary to be
51 raised for payment of the annual payment on any and all indebtedness of the
52 district for the following year. Money received in payment of such assess-
53 ments shall be deposited in a separate fund to be known as the debt retirement
3
1 fund.
2 (3) The board shall, in addition, determine the assessments necessary to
3 pay, without limitation, the expenses of developing, operating or maintaining
4 any mitigation plan established by the district and the cost of contracts with
5 any person for mitigation plans, or evaluation of proposed contracts. Money
6 received in payment of such assessments shall be deposited in a separate fund
7 to be known as the mitigation expense fund.
8 (4) The board shall, in addition, determine the assessments necessary to
9 pay maintenance and operation of the district not related to mitigation plans
10 or purposes. These operation and maintenance duties include making the assess-
11 ment book, giving notice of assessments and making collections thereof, and
12 other duties, programs or projects of the district to the extent such duties,
13 programs or projects are not attributable to mitigation plans or purposes.
14 Money received in payment of such assessments shall be deposited in a separate
15 fund of the district to be known as the operating expense fund.
16 (5) Any ground water user who becomes a member of a district for mitiga-
17 tion purposes shall be subject to no assessment beyond his proportional share
18 of the costs, including administrative costs and other reasonable expenses, of
19 any mitigation plan or actions or activities in furtherance of the district's
20 mitigation plans or purposes.
21 (6) No assessment made pursuant to this chapter shall be a lien against
22 any municipal property.
23 (7) Except as otherwise provided in this chapter, each member shall pay a
24 proportionate share of the total of all amounts to be assessed for the pur-
25 poses aforementioned, which share shall be based on the ratio which the quan-
26 tity of water the water user is authorized to appropriate under the member's
27 ground water right(s) bears to the total quantity of water authorized for
28 appropriation under the ground water rights of all water users in the dis-
29 trict, provided, that the board shall be entitled to levy assessments that
30 adjust a member's proportionate share to take into consideration priority
31 dates, consumptive use under the members' respective ground water rights,
32 other attributes of the ground water rights appurtenant to the assessed lands,
33 and/or the benefits the member derives from a mitigation plan or other activ-
34 ity of the district. Any nonirrigator who is a member of a ground water dis-
35 trict, or whose ground water rights are appurtenant to property located within
36 a ground water district, and who has adopted and implemented a mitigation or
37 replacement water plan that has been approved by the director and that is not
38 inconsistent with such a plan approved by the director and adopted and imple-
39 mented by the ground water district, shall be entitled to credit for the con-
40 tribution made by that nonirrigator's mitigation or replacement water plan
41 towards the district's mitigation obligation as determined by the director. In
42 addition, the director shall appropriately adjust the mitigation obligation of
43 the district to reflect the impact of the mitigation or replacement water plan
44 provided by such nonirrigator.
45 SECTION 3. That Section 42-5244, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 42-5244. PROHIBITION AGAINST PARTICIPATION IN MITIGATION PLAN WHEN SUB-
48 JECT TO DELINQUENT ASSESSMENT OR FOR NONPAYMENT OF OTHER MITIGATION COSTS. A
49 ground water user who is delinquent in the payment of any assessment against
50 his water use under this chapter, or who has failed to pay other mitigation
51 costs owed to the district when due, is prohibited from being a participant in
52 any mitigation plan until such delinquent assessment, or other past due amount
53 owed for mitigation costs, is paid in full. The district shall provide the
4
1 director a report of such delinquent assessments, or other past due mitigation
2 costs, at the first of each month for purposes of enforcement. Prior to under-
3 taking enforcement, the director may require from the district an accounting
4 of the basis for the assessment and other mitigation costs and the apportion-
5 ment of those assessments and costs among district members and nonmember par-
6 ticipants. The district shall inform the director immediately upon the pay-
7 ment of any such delinquent assessment, or other past due mitigation costs.
8 This section shall be enforced by the watermaster within water districts
9 established under chapter 6 of this title, and by the director pursuant to
10 sections 42-351 and 42-1701B, Idaho Code, in areas outside of such water dis-
11 trict.
12 SECTION 4. That Section 42-5251, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 42-5251. PETITION FOR EXCLUSION OF LANDS -- GROUND WATER IRRIGATION LANDS
15 -- LANDS OF NONIRRIGATOR -- LANDS MAY REMAIN IN THE DISTRICT FOR MITIGATION
16 PURPOSES. (1) Any district member who is an irrigator may file with the dis-
17 trict board a petition requesting that the member's irrigation lands be
18 excluded from the district. The petition may request that the lands either be
19 excluded for all purposes or be excluded for all purposes except mitigation.
20 The petition shall be signed by each petitioner, and shall state that contin-
21 ued inclusion of the irrigation lands in the district is inappropriate or
22 unwarranted:
23 (1a) Because the diversions of ground water under the ground water users
24 irrigator's water right have no depletive effect on any water source,
25 either individually or cumulatively when considered in conjunction with
26 other similar diversions;
27 (2b) Because the only ground water use associated with the lands sought
28 to be excluded by the petition is a domestic or stock water use as defined
29 by sections 42-111 and 42-1401A, Idaho Code;
30 (3c) Because the exclusion of the lands will not impair the district's
31 ability to repay debt or carry out mitigation plans;
32 (4d) Because the exclusion is in the best interests of the district and
33 its members; or
34 (5e) For other compelling reasons.
35 The board shall consider the petition and, based on findings concerning such
36 factors, the board shall grant or deny the petition within ninety (90) days of
37 the date it is filed, unless the board, in its sole discretion, grants a hear-
38 ing on the petition within such time period, in which case the board shall
39 issue a final decision within sixty (60) days after the conclusion of the
40 hearing.
41 (2) Any district member who is a nonirrigator, may file with the district
42 board a petition requesting that the member's lands be excluded from the dis-
43 trict. The petition may request that the lands either be excluded for all pur-
44 poses or be excluded for all purposes except mitigation. The petition shall be
45 signed by each petitioner, but need not be acknowledged. The board shall con-
46 sider the petition and grant or deny the petition within ninety (90) days of
47 the date it is filed, unless the board, in its sole discretion, grants a hear-
48 ing on the petition within such time period, in which case the board shall
49 issue a final decision within sixty (60) days after the conclusion of the
50 hearing.
51 (3) All costs incurred by the district in carrying out the an exclusion
52 proceeding shall be assessed as provided in section 42-5253, Idaho Code. A
53 person purchasing land under a written contract shall be deemed to be the
5
1 owner of that land for purposes of this section.
2 SECTION 5. An emergency existing therefor, which emergency is hereby
3 declared to exist, this act shall be in full force and effect on and after its
4 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Stevenson
Seconded by Moyle
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 736
1 AMENDMENTS TO SECTION 2
2 On page 3 of the printed bill, in line 36, delete "or"; in line 37, delete
3 "replacement water"; in line 39, following "entitled to" insert: "an assess-
4 ment"; in line 40, delete "or replacement water"; in line 41, delete "In"; and
5 delete lines 42 through 44.
6 AMENDMENTS TO SECTION 4
7 On page 4, in line 13, delete "IRRIGATION" and insert: "IRRIGATED"; in
8 line 16, delete "irrigation" and insert: "irrigated"; and in line 20, delete
9 "irrigation" and insert: "irrigated".
10 CORRECTIONS TO TITLE
11 On page 1, in line 5, delete "CREDITS AND ADJUSTMENTS" and insert:
12 "ASSESSMENT CREDITS"; in line 7, delete "OR REPLACEMENT WATER"; and in line
13 12, delete "IRRIGATION" and insert: "IRRIGATED".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 736, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO GROUND WATER DISTRICTS; AMENDING SECTION 42-5214, IDAHO CODE, TO
3 CLARIFY AN EXCEPTION RELATING TO THOSE DEEMED INCLUDED WITHIN AND SUBJECT
4 TO ASSESSMENT BY GROUND WATER DISTRICTS; AMENDING SECTION 42-5232, IDAHO
5 CODE, TO PROVIDE FOR ASSESSMENT CREDITS RELATING TO GROUND WATER DISTRICT
6 MITIGATION OBLIGATIONS BY THE DIRECTOR OF THE DEPARTMENT OF WATER
7 RESOURCES BASED ON MITIGATION PLANS OF CERTAIN NONIRRIGATORS; AMENDING
8 SECTION 42-5244, IDAHO CODE, TO PROVIDE THAT THE DIRECTOR OF THE DEPART-
9 MENT OF WATER RESOURCES MAY REQUIRE CERTAIN ACCOUNTINGS BY GROUND WATER
10 DISTRICTS RELATING TO NONMEMBER PARTICIPANTS; AMENDING SECTION 42-5251,
11 IDAHO CODE, TO CLARIFY PROVISIONS RELATING TO PETITIONS FOR EXCLUSION OF
12 GROUND WATER IRRIGATED LANDS FROM GROUND WATER DISTRICTS, TO PROVIDE FOR
13 PETITIONS FOR EXCLUSION OF LANDS OF NONIRRIGATORS FROM GROUND WATER DIS-
14 TRICTS AND TO MAKE A TECHNICAL CORRECTION; AND DECLARING AN EMERGENCY.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 42-5214, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 42-5214. GROUND WATER USERS INCLUDED WITHIN THE DISTRICT -- NOTICE AND
19 HEARING FOR MEMBERS INCLUDED IN DISTRICT AFTER MARCH 31, 2005 -- ORDER --
20 APPEAL AND CONCLUSIVENESS. (1) All ground water irrigators within the bound-
21 aries of the district shall be members of the district and subject to assess-
22 ments, rights and responsibilities established by the district as set forth in
23 this chapter, notwithstanding any change in the ownership or control of the
24 property of the water user, whether by way of transfer, exchange, conveyance,
25 assignment, lease, or otherwise, to which the water right or rights used to
26 determine assessments are appurtenant, unless excluded from the district pur-
27 suant to sections 42-5251 through 42-5257, Idaho Code. Except as provided in
28 section 42-5276, Idaho Code, any ground water irrigator who previously was not
29 a member as of March 31, 2005, shall be included as a member effective upon
30 order of the board finding and confirming that inclusion of such ground water
31 irrigator is in the best interests of the district and that such ground water
32 irrigator shall receive benefits from such inclusion as a member. Such order
33 may be made only after the board shall have caused a notice of such hearing to
34 be published in the manner of notices of elections, which notice shall state
35 that all persons interested in or that may be affected by such inclusion as a
36 member shall appear at the time and place named in the notice and show cause
37 in writing why they should not be included as a member. The board, at the time
38 mentioned in said notice shall hear any objections to inclusion. The failure
39 of any person to file with the district office an objection to inclusion as a
40 member prior to the noticed hearing shall be taken as an assent on his part to
41 such inclusion as a member of the district. Any order confirming the inclusion
42 of ground water irrigators as members of the district shall be certified by
43 the board president and secretary and filed for record in the recorder's
2
1 office of each county within which are situated any lands of the district and
2 notice of the order shall be published in the manner of notices of elections.
3 Any person who properly has filed an objection to inclusion as a member shall
4 have the right to appeal to the district court of the county in which such
5 person's ground water right is situated, provided such appeal shall be made
6 within thirty (30) days from the date of publication of the order confirming
7 such inclusion. After said thirty (30) day appeal period, no one shall have
8 any cause or right of action to contest the legality, formality or regularity
9 of said order of inclusion for any reason whatsoever, and thereafter, said
10 inclusion and the constitution and validity of the district shall be consid-
11 ered valid and incontestable without limitation. Any ground water irrigator
12 who previously was not a member of the district as of March 31, 2005, that is
13 included as a member upon order of the board shall be liable for his propor-
14 tionate share of all costs of the district incurred after such date, including
15 his proportionate share of all bonded, warrant or other indebtedness incurred
16 prior to March 31, 2005, but only the proportionate share of such prior
17 indebtedness applicable to the period after March 31, 2005.
18 (2) All nonirrigators within the boundaries of the district who voted
19 according to notice as provided in section 42-5210(3), Idaho Code, are members
20 of the district as specified in such notice.
21 (3) A nonirrigator also may become a member of a district by providing,
22 within sixty (60) days after the date on which the district is formed, written
23 notice to the district board that the nonirrigator wishes to join the district
24 either as a member for all purposes or as a member for mitigation purposes
25 only. Upon providing such notice, the nonirrigator shall be either a member
26 for all purposes or a member for mitigation purposes only, as specified in the
27 notice, and shall be subject to assessment accordingly as provided in this
28 chapter. After such sixty (60) day period, a nonirrigator may become a member
29 of a district only through the annexation procedure described in sections
30 42-5245 through 42-5249, Idaho Code.
31 (4) Except as provided for municipal, commercial, industrial, federal and
32 tribal ground water users in subsection (1) of this section nonirrigators as
33 defined in subsection (11) of section 42-5201, Idaho Code, any person whose
34 permit, license, or other entitlement to appropriate ground water was acquired
35 after the formation of the district, or who appropriates ground water for uses
36 not requiring a permit after the formation of the district, but qualifies as a
37 ground water user under subsection (8) of section 42-5201, Idaho Code, within
38 the area of the district in all other respects, shall be deemed included
39 within and subject to assessment by the district, if benefitted either
40 directly or indirectly by the district as of the date the permit, license, or
41 entitlement is acquired.
42 SECTION 2. That Section 42-5232, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 42-5232. LEVY OF ASSESSMENTS. (1) The secretary of the board shall be the
45 assessor of the district, and on or before August 1 of each year shall prepare
46 an assessment book containing a full and accurate list of all lands within the
47 district that are subject to assessment under this chapter.
48 (2) At a regular meeting of the board between August 1 and November 1 of
49 each year, the board of directors shall determine the amount necessary to be
50 raised for payment of the annual payment on any and all indebtedness of the
51 district for the following year. Money received in payment of such assess-
52 ments shall be deposited in a separate fund to be known as the debt retirement
53 fund.
3
1 (3) The board shall, in addition, determine the assessments necessary to
2 pay, without limitation, the expenses of developing, operating or maintaining
3 any mitigation plan established by the district and the cost of contracts with
4 any person for mitigation plans, or evaluation of proposed contracts. Money
5 received in payment of such assessments shall be deposited in a separate fund
6 to be known as the mitigation expense fund.
7 (4) The board shall, in addition, determine the assessments necessary to
8 pay maintenance and operation of the district not related to mitigation plans
9 or purposes. These operation and maintenance duties include making the assess-
10 ment book, giving notice of assessments and making collections thereof, and
11 other duties, programs or projects of the district to the extent such duties,
12 programs or projects are not attributable to mitigation plans or purposes.
13 Money received in payment of such assessments shall be deposited in a separate
14 fund of the district to be known as the operating expense fund.
15 (5) Any ground water user who becomes a member of a district for mitiga-
16 tion purposes shall be subject to no assessment beyond his proportional share
17 of the costs, including administrative costs and other reasonable expenses, of
18 any mitigation plan or actions or activities in furtherance of the district's
19 mitigation plans or purposes.
20 (6) No assessment made pursuant to this chapter shall be a lien against
21 any municipal property.
22 (7) Except as otherwise provided in this chapter, each member shall pay a
23 proportionate share of the total of all amounts to be assessed for the pur-
24 poses aforementioned, which share shall be based on the ratio which the quan-
25 tity of water the water user is authorized to appropriate under the member's
26 ground water right(s) bears to the total quantity of water authorized for
27 appropriation under the ground water rights of all water users in the dis-
28 trict, provided, that the board shall be entitled to levy assessments that
29 adjust a member's proportionate share to take into consideration priority
30 dates, consumptive use under the members' respective ground water rights,
31 other attributes of the ground water rights appurtenant to the assessed lands,
32 and/or the benefits the member derives from a mitigation plan or other activ-
33 ity of the district. Any nonirrigator who is a member of a ground water dis-
34 trict, or whose ground water rights are appurtenant to property located within
35 a ground water district, and who has adopted and implemented a mitigation plan
36 that has been approved by the director and that is not inconsistent with such
37 a plan approved by the director and adopted and implemented by the ground
38 water district, shall be entitled to an assessment credit for the contribution
39 made by that nonirrigator's mitigation plan towards the district's mitigation
40 obligation as determined by the director.
41 SECTION 3. That Section 42-5244, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 42-5244. PROHIBITION AGAINST PARTICIPATION IN MITIGATION PLAN WHEN SUB-
44 JECT TO DELINQUENT ASSESSMENT OR FOR NONPAYMENT OF OTHER MITIGATION COSTS. A
45 ground water user who is delinquent in the payment of any assessment against
46 his water use under this chapter, or who has failed to pay other mitigation
47 costs owed to the district when due, is prohibited from being a participant in
48 any mitigation plan until such delinquent assessment, or other past due amount
49 owed for mitigation costs, is paid in full. The district shall provide the
50 director a report of such delinquent assessments, or other past due mitigation
51 costs, at the first of each month for purposes of enforcement. Prior to under-
52 taking enforcement, the director may require from the district an accounting
53 of the basis for the assessment and other mitigation costs and the apportion-
4
1 ment of those assessments and costs among district members and nonmember par-
2 ticipants. The district shall inform the director immediately upon the pay-
3 ment of any such delinquent assessment, or other past due mitigation costs.
4 This section shall be enforced by the watermaster within water districts
5 established under chapter 6 of this title, and by the director pursuant to
6 sections 42-351 and 42-1701B, Idaho Code, in areas outside of such water dis-
7 trict.
8 SECTION 4. That Section 42-5251, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 42-5251. PETITION FOR EXCLUSION OF LANDS -- GROUND WATER IRRIGATED LANDS
11 -- LANDS OF NONIRRIGATOR -- LANDS MAY REMAIN IN THE DISTRICT FOR MITIGATION
12 PURPOSES. (1) Any district member who is an irrigator may file with the dis-
13 trict board a petition requesting that the member's irrigated lands be
14 excluded from the district. The petition may request that the lands either be
15 excluded for all purposes or be excluded for all purposes except mitigation.
16 The petition shall be signed by each petitioner, and shall state that contin-
17 ued inclusion of the irrigated lands in the district is inappropriate or
18 unwarranted:
19 (1a) Because the diversions of ground water under the ground water users
20 irrigator's water right have no depletive effect on any water source,
21 either individually or cumulatively when considered in conjunction with
22 other similar diversions;
23 (2b) Because the only ground water use associated with the lands sought
24 to be excluded by the petition is a domestic or stock water use as defined
25 by sections 42-111 and 42-1401A, Idaho Code;
26 (3c) Because the exclusion of the lands will not impair the district's
27 ability to repay debt or carry out mitigation plans;
28 (4d) Because the exclusion is in the best interests of the district and
29 its members; or
30 (5e) For other compelling reasons.
31 The board shall consider the petition and, based on findings concerning such
32 factors, the board shall grant or deny the petition within ninety (90) days of
33 the date it is filed, unless the board, in its sole discretion, grants a hear-
34 ing on the petition within such time period, in which case the board shall
35 issue a final decision within sixty (60) days after the conclusion of the
36 hearing.
37 (2) Any district member who is a nonirrigator, may file with the district
38 board a petition requesting that the member's lands be excluded from the dis-
39 trict. The petition may request that the lands either be excluded for all pur-
40 poses or be excluded for all purposes except mitigation. The petition shall be
41 signed by each petitioner, but need not be acknowledged. The board shall con-
42 sider the petition and grant or deny the petition within ninety (90) days of
43 the date it is filed, unless the board, in its sole discretion, grants a hear-
44 ing on the petition within such time period, in which case the board shall
45 issue a final decision within sixty (60) days after the conclusion of the
46 hearing.
47 (3) All costs incurred by the district in carrying out the an exclusion
48 proceeding shall be assessed as provided in section 42-5253, Idaho Code. A
49 person purchasing land under a written contract shall be deemed to be the
50 owner of that land for purposes of this section.
51 SECTION 5. An emergency existing therefor, which emergency is hereby
52 declared to exist, this act shall be in full force and effect on and after its
5
1 passage and approval.
STATEMENT OF PURPOSE
RS 16108C1
This legislation amends existing law relating to ground water
districts; to clarify membership for nonirrigators; to provide
that a nonirrigator who is a member of a ground water district or
whose ground water rights are appurtenant to property located
within a ground water district shall be entitled to credit for
the contribution made by that nonirrigator's mitigation plan
towards the district's mitigation obligation; to allow IDWR to
review assessments on nonmember participants for fairness; and to
provide for the equitable petition of exclusion of lands from a
ground water district by a nonirrigator.
FISCAL NOTE
There is no fiscal impact to any state agency.
Contact
Name: Representative John A. Stevenson
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 736