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S1259..........................................by RESOURCES AND ENVIRONMENT
WATER DISTRICTS - Amends existing law to revise notification provisions
relating to water district meetings.
01/17 Senate intro - 1st rdg - to printing
01/18 Rpt prt - to Res/Env
02/07 Rpt out - rec d/p - to 2nd rdg
02/08 2nd rdg - to 3rd rdg
02/14 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 - Williams
Title apvd - to House
02/15 House intro - 1st rdg - to Res/Con
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 62-0-8
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Collins, Deal, Denney, Edmunson, Eskridge,
Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet,
Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
Pence, Raybould, Ringo, Roberts, Rusche, Rydalch, Sali, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Trail, Wood
NAYS -- None
Absent and excused -- Clark, Crow, Ellsworth, Harwood, Ring, Sayler,
Wills, Mr. Speaker
Floor Sponsor - Wood
Title apvd - to Senate
03/16 To enrol
03/17 Rpt enrol - Pres signed - Sp signed
03/20 To Governor
03/22 Governor signed
Session Law Chapter 146
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1259
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO WATER DISTRICTS; AMENDING SECTION 42-605, IDAHO CODE, TO REVISE
3 NOTIFICATION PROVISIONS RELATING TO WATER DISTRICT MEETINGS AND TO MAKE A
4 TECHNICAL CORRECTION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 42-605, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 42-605. DISTRICT MEETINGS -- WATERMASTER AND ASSISTANTS -- ELECTION --
9 REMOVAL -- OATH AND BOND -- ADVISORY COMMITTEE. (1) There shall be held on the
10 first Monday in March in each year, and, except as provided in subsection (2)
11 of this section, commencing at two o'clock P.M., a meeting of all persons own-
12 ing or having the use of a water right, in the waters of the stream or water
13 supply comprising such district, which right has been adjudicated or decreed
14 by the court or is represented by valid permit or license issued by the
15 department of water resources.
16 (2) Such meeting shall be held at some place within the water district,
17 or at some nearby location convenient to a majority of those entitled to vote
18 thereat, which place shall be designated by the director of the department of
19 water resources. The director shall, between January first and February first
20 of each year, notify at least twenty-one (21) days prior to the meeting date,
21 send notification by regular mail to all persons, companies or corporations
22 known by the director to hold rights to the use of the waters of such dis-
23 trict, which right has been adjudicated or decreed by the court or is repre-
24 sented by valid permit or license issued by the department of water resources,
25 of the time, date, location and purpose of the annual meeting. At any annual
26 meeting the water users may vote to waive the requirement for notice by mail
27 and provide for notice to be given for future meetings by publication of the
28 time, date, location and purpose of the meeting in a newspaper or newspapers
29 in general circulation in the district. Published notice shall be made once
30 per week for two (2) consecutive weeks with the second notice appearing at
31 least thirty fourteen (3014) and not more than sixty thirty (630) days prior
32 to the meeting. In water districts whose area includes land in more than four
33 (4) counties the annual meeting shall commence at ten o'clock A.M. instead of
34 two o'clock P.M.: provided, that the water users of any water district may, by
35 resolution adopted at an annual meeting or at a special meeting properly
36 called for that purpose, change the time of day when the meeting shall com-
37 mence or change the date for annual meetings in subsequent years to any day
38 except Saturday and Sunday between the second Monday of January and the third
39 Monday in March or change both the time and the date, in which case the direc-
40 tor of the department of water resources shall send notification at least
41 thirty twenty-one (3021) days prior to said meeting date. At an annual meeting
42 the water users may adopt resolutions to assure or improve the distribution of
43 the waters of the district within state law, and may provide that such resolu-
2
1 tions shall continue from year to year.
2 (3) At the meeting of the water users of a district there shall be
3 elected a watermaster for such water district, who may be authorized to employ
4 such other regular assistants as the water users shall deem necessary, and
5 who, upon appointment by the director of the department of water resources,
6 shall be responsible for distribution of water within said water district, and
7 the water users shall, prior to the election of such watermaster and approval
8 of the employment of assistants, fix the compensation to be paid them during
9 the time actually engaged in the performance of their duties.
10 (4) Voting shall be by majority vote of the water users present at the
11 meeting unless one (1) or more water users requests voting using the procedure
12 which follows in this subsection. In such case the meeting chairman shall
13 appoint a credentials committee to determine the number of votes each water
14 user present is authorized to cast. If requested, each person present, owning
15 or having the use for the ensuing season of any water right in the stream or
16 water supply comprising such water district, which right has been adjudicated
17 or decreed by the court or is represented by valid permit or license issued by
18 the department of water resources, shall be entitled to a number of votes
19 equal to the average annual dollar amount and any fraction thereof assessed
20 for that person's qualifying water right for the previous five (5) years, or
21 such lesser number of years as the right has been assessed. If a right has not
22 previously been assessed, a person present, owning or having the use of the
23 right for the ensuing season shall be entitled to a number of votes equal to
24 the dollar amount and any fraction thereof which the right would have been
25 assessed had it existed and been reasonably used when water was available
26 under the priority of the right during the previous season.
27 (5) At such meeting the water users shall choose a meeting chairman and
28 meeting secretary and shall determine the manner and method of electing the
29 watermaster. The water users shall, at the annual meeting, provide for the
30 water district treasurer functions in accordance with section 42-619, Idaho
31 Code. Within five (5) days after such meeting the meeting chairman and meeting
32 secretary shall forward a certified copy of the minutes of such meeting to the
33 department of water resources. The meeting chairman, or the meeting secretary,
34 if the meeting chairman is not present, from the immediately preceding annual
35 meeting shall call the meeting to order and preside over the election of offi-
36 cers for the meeting.
37 (6) At such meeting the water users may choose an advisory committee to
38 be composed of members selected as may be determined at the meeting, which
39 committee shall serve as advisors to the director and the watermaster in mat-
40 ters pertaining to the distribution of water within the district. The advisory
41 committee may be authorized to carry out policies as set forth in resolutions
42 duly adopted by the water users at the annual meeting or at a special meeting.
43 The advisory committee may also serve as the local committee to facilitate the
44 rental of stored water if appointed by the water resource board for such pur-
45 pose under the provisions of section 42-1765, Idaho Code.
46 (7) A corporation or a water delivery organization, including, but not
47 limited to a corporation, a water company, an irrigation district, an irriga-
48 tion company or a canal company, shall be considered a person for the purpose
49 of this section and shall cast its vote by someone to be designated by the
50 corporation.
51 (8) Should said meeting not be held, or should said watermaster not be
52 elected or the watermaster's compensation not be fixed as above provided, then
53 the director of the department of water resources is authorized to appoint a
54 watermaster and fix the watermaster's compensation.
55 (9) The director of the department of water resources may remove any
3
1 watermaster whenever such watermaster fails to perform the watermaster's duty,
2 upon complaint in that respect being made to the director in writing, by one
3 (1) person owning or having the right to the use of a water right in such dis-
4 trict, which right has been adjudicated or decreed by the court or is repre-
5 sented by valid permit or license issued by the department of water resources
6 provided, that upon investigation the director, after a hearing with the other
7 water users of said district, which shall be held in the district or at some
8 location convenient to the water users of the district, finds such charge to
9 be true, and the director may appoint a successor for the unexpired term.
10 (10) Before entering upon the duties of the watermaster's office, said
11 watermaster shall take and subscribe an oath before some officer authorized by
12 the laws of the state to administer oaths, to faithfully perform the duties of
13 the watermaster's office, as provided in section 42-607, Idaho Code, and shall
14 file that oath with the department of water resources. Upon appointment by the
15 director of the department of water resources, the actions taken by a water-
16 master in fulfillment of the duties of his office are covered by the state
17 group surety bond as provided by sections 59-801 through 59-804, Idaho Code.
18 (11) The director shall call a special meeting of the water users of a
19 district upon receipt of a written request for such meeting from a majority of
20 the members of the advisory committee for a district, a written request from
21 water users representing thirty per cent percent (30%) or more of the votes
22 cast at the last regular annual meeting, a written request from the water-
23 master or on the director's own motion if the director determines a meeting is
24 necessary to address matters that cannot be delayed until the next regular
25 annual meeting. Notice of the time, place and purpose of the special meeting
26 shall be given by the director in the manner provided in section 42-605(2),
27 Idaho Code subsection (2) of this section, provided however, that a special
28 meeting notice shall be sent at least fourteen (14) days prior to the meeting
29 date.
30 (12) The water users may, by resolution, authorize the watermaster to
31 acquire, hold and dispose of such real and personal property, equipment and
32 facilities in the name of the water district as necessary for the proper dis-
33 tribution of water and shall provide that all such real and personal property
34 shall remain in the custody of the watermaster and the watermaster's succes-
35 sor.
STATEMENT OF PURPOSE
RS 15431
The purpose of this legislation is to amend Idaho Code § 42-
605(2) and (11) to change the time required for the Director to
send notification of annual water district meetings from thirty
(30) days to twenty-one (21) days, and for special meetings from
thirty (30) days to fourteen (14) days.
Past experience indicates that a notice period of less than
thirty days is more effective, and some water districts have
specifically requested a shortened notice period. Special water
district meetings are typically called to address a problem of
some urgency and the requirement for a thirty-day notice
sometimes frustrates the need to address an urgent matter in a
timely fashion.
FISCAL NOTE
Enactment of this legislation will not have a negative impact
upon the state’s general fund or other state or local funds.
CONTACT
Name: Karl Dreher
Agency: Water Resources, Dept. of
Phone: 287-4803
STATEMENT OF PURPOSE/FISCAL NOTE S 1259