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H0650aa.......................................by RESOURCES AND CONSERVATION AQUIFER PROTECTION DISTRICTS - Adds to existing law to provide for the formation of aquifer protection districts; to provide for petitions; to provide for elections; to provide powers and duties; to provide for a policy and budget advisory committee; to provide for funds; to authorize fees; to provide for budgets; and to provide that the aquifer protection district may apply for loans from the Water Resource Revolving Development Fund. 02/10 House intro - 1st rdg - to printing 02/13 Rpt prt - to Res/Con 03/02 Rpt out - to Gen Ord 03/08 Rpt out amen - to engros 03/09 Rpt engros - 1st rdg - to 2nd rdg as amen 03/10 2nd rdg - to 3rd rdg as amen 03/13 3rd rdg as amen - PASSED - 66-0-4 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Block, Crow, Deal, Smith(24) Floor Sponsor - Nonini Title apvd - to Senate 03/14 Senate intro - 1st rdg - to Res/Env 03/21 Rpt out - rec d/p - to 2nd rdg 03/22 2nd rdg - to 3rd rdg 03/23 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett(Clark), Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, 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 -- Gannon Floor Sponsor - Compton Title apvd - to House 03/24 To enrol 03/27 Rpt enrol - Sp signed 03/28 Pres signed 03/29 To Governor 03/31 Governor signed Session Law Chapter 304 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 650 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO AQUIFER PROTECTION DISTRICTS; AMENDING TITLE 39, IDAHO CODE, BY 3 THE ADDITION OF A NEW CHAPTER 5, TITLE 39, IDAHO CODE, TO PROVIDE A PUR- 4 POSE, TO DEFINE A TERM, TO PROVIDE FOR AQUIFER PROTECTION DISTRICTS, TO 5 PROVIDE A PROCEDURE FOR FORMATION, TO PROVIDE FOR MODIFICATION AND DISSO- 6 LUTION, TO PROVIDE FOR AUTHORITY, TO PROVIDE POWERS AND DUTIES, TO PROVIDE 7 LIMITATIONS ON POWER, TO PROVIDE FOR A POLICY AND BUDGET ADVISORY COMMIT- 8 TEE, TO PROVIDE FOR FUNDS, TO AUTHORIZE FEES AND TO PROVIDE FOR BUDGETS. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended 11 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 12 ter 5, Title 39, Idaho Code, and to read as follows: 13 CHAPTER 5 14 AQUIFER PROTECTION DISTRICTS 15 39-501. PURPOSE. The protection of ground water quality is essential for 16 life, health and furthering matters of commerce. Multiple public agencies have 17 regulatory jurisdiction over various aspects of everyday human activity that 18 can and do pose risks to vital underground water supplies. Enforcement of cur- 19 rent rules and regulations, implementation of educational programs, and 20 inspection of potential sources of pollution require funding beyond the bud- 21 gets of agencies charged with these responsibilities. The coordination of work 22 by public agencies to assist in the prevention of degradation of valuable 23 ground water can be a cost-effective alternative to after the fact remediation 24 of a degraded resource. Certain ground water quality problems cannot be reme- 25 died, only prevented. The purposes of establishing an aquifer protection dis- 26 trict include protection of the state's economy, maintaining a water supply 27 that does not require extensive treatment prior to human consumption or com- 28 mercial use, avoiding the economic costs of remedial action, and protecting 29 the well-being of communities that depend upon aquifers for essential human 30 needs. 31 39-502. GOVERNING BOARD. For purposes of this chapter, the term 32 "governing board" means the board of county commissioners of a county creat- 33 ing, or participating in, an aquifer protection district or multicounty aqui- 34 fer protection district. 35 39-503. AQUIFER PROTECTION DISTRICT AUTHORIZED. (1) In counties where a 36 state designated sensitive resource aquifer has been declared as prescribed by 37 rules of the department of environmental quality, the board of county commis- 38 sioners of any such county may consider formation of, or participation in, an 39 aquifer protection district as authorized by this chapter. 40 (2) A multicounty aquifer protection district may be established by a 2 1 joint powers agreement as authorized by chapter 23, title 67, Idaho Code. 2 Every reference to a county in this chapter may be applicable to the multiple 3 counties that participate in a multicounty aquifer protection district. 4 (3) An aquifer protection district is a political subdivision of the 5 state of Idaho subordinate to the county or counties that authorize its forma- 6 tion. The governing board of an aquifer protection district is authorized to 7 provide coordination and funding for aquifer protection activities carried out 8 by county government, other political subdivisions, state agencies, and pri- 9 vate individuals or interests. The boundaries of an aquifer protection dis- 10 trict shall conform as nearly as practicable to boundaries of the subject 11 aquifer, the aquifer's recharge areas, and areas that may be dependent upon 12 the aquifer as a source of water. 13 39-504. METHOD OF FORMATION -- MODIFICATION -- DISSOLUTION -- AUTHORITY. 14 (1) The formation of an aquifer protection district may be initiated by the 15 filing of a petition signed by not fewer than fifty (50) qualified electors of 16 any county in which an eligible aquifer is located and who reside within the 17 boundaries of the proposed aquifer protection district. The petition shall be 18 filed with the county clerk of the county in which the signers of the petition 19 are resident. The petition shall designate the proposed boundaries of the 20 aquifer protection district. The petition shall be accompanied by a statement 21 designating individuals as the petitioners' primary and secondary contact per- 22 sons and providing a mailing address and method of telephone contact for each 23 designated person. At the time of filing the petition, the petitioners shall 24 cause to be deposited with the county clerk a sufficient sum of money to cover 25 the cost of publication of notices provided for in this section. 26 (2) Upon the filing of the petition, the county clerk shall promptly 27 examine the petition and certify whether the required number of qualified 28 petitioners have signed the petition. If the number of petition signers is 29 sufficient, the county clerk shall transmit the certified petition to the 30 board of county commissioners. 31 (3) Upon receipt of a certified petition from the county clerk, the board 32 of county commissioners shall appoint a study commission comprised of not less 33 than nine (9) nor more than eleven (11) members. The study commission shall be 34 comprised of residents of the proposed aquifer protection district boundaries 35 with the following characteristics: 36 (a) A representative of a municipal domestic water provider; 37 (b) A representative of a water district; 38 (c) A representative of an irrigation district; 39 (d) A representative of a private water system; 40 (e) A representative of a well recognized business organization; 41 (f) A representative of a well recognized environmental organization; 42 (g) A representative of the agricultural community; 43 (h) A hydrologist or engineer; and 44 (i) A citizen consumer. 45 The study commission shall be appointed to study the need for the formation of 46 an aquifer protection district and the costs and operational aspects of a pro- 47 posed district. Within sixty (60) days of appointment, the commission shall 48 submit a report with recommendations to the board of county commissioners. 49 Unless otherwise provided in this chapter, the study commission shall organize 50 and operate as described in chapter 51, title 31, Idaho Code. 51 (4) The board of county commissioners shall only proceed with the aquifer 52 protection district formation process based upon a recommendation of formation 53 from the study commission. In the event the study commission recommends the 54 creation of the aquifer protection district, the board of county commissioners 3 1 shall cause notice of the receipt of the petition, including a summary 2 thereof, to be published once a week for two (2) consecutive weeks in the 3 county's official newspaper. With the publication of the notice and summary, 4 there shall be published a notice of time and place of the hearing when the 5 petition will be considered, stating that all persons interested may appear 6 and be heard. The notice shall identify where the original petition may be 7 examined. 8 (5) At the time set for hearing the petition, the board of county commis- 9 sioners shall hear all persons who desire to be heard relative to the creation 10 of an aquifer protection district. The board of county commissioners may, in 11 its discretion, recess the meeting for not to exceed ninety (90) days in time 12 to further hear the petitioners and protestants, if any, and to allow partici- 13 pants to supply additional information. After the hearing or hearings, the 14 board of county commissioners shall adopt a resolution either creating the 15 proposed aquifer protection district or denying the petition. 16 (6) In the event the board of county commissioners creates an aquifer 17 protection district, it shall adopt a resolution which shall include the name 18 of the district and a description of the boundaries of the district. The board 19 shall file a copy of the resolution creating the district with the county 20 clerk. Notice of the district formation shall be provided to all political 21 subdivisions providing public service within aquifer protection district 22 boundaries. 23 (7) Procedures for boundary modification or dissolution of a district 24 created pursuant to this section shall be in substantial compliance with the 25 provisions for public notice and hearing provided in this section upon a pre- 26 liminary determination by the board of county commissioners that a change in 27 aquifer protection district boundaries or dissolution of a district may be in 28 order. 29 (8) In the event a board of county commissioners resolves to create an 30 aquifer protection district pursuant to the procedures prescribed by this sec- 31 tion, the district shall be recognized as a legally established political sub- 32 division of the state of Idaho. Unless otherwise limited by law, districts are 33 authorized to work with and across the boundaries of all political subdivi- 34 sions of the state of Idaho that are wholly or partially located within the 35 external boundaries of the established aquifer protection district. Providing 36 protection of a state-designated sensitive resource aquifer is a governmental 37 function. 38 39-505. GOVERNANCE -- POWERS AND DUTIES. In addition to powers and duties 39 otherwise set forth in this chapter, governing boards shall have the following 40 powers and duties: 41 (1) To contract with public agencies and private individuals or entities 42 to carry out district responsibilities and accomplish purposes of the dis- 43 trict. 44 (2) To apply for and receive grants to carry out aquifer protection dis- 45 trict purposes. 46 (3) To sue and be sued, and be a party to suits, actions and proceedings. 47 (4) Except as otherwise provided in this chapter, to enter into contracts 48 and agreements, cooperative and otherwise, affecting the affairs of the dis- 49 trict, including contracts with the United States of America, the state of 50 Idaho and any of its agencies or instrumentalities, public or private corpora- 51 tions, municipalities and other governmental subdivisions, and to cooperate 52 with any one (1) or more of these entities to achieve the purposes of the dis- 53 trict. 54 (5) To borrow money and incur indebtedness, limited to the amount of rev- 4 1 enues anticipated in any single year. 2 (6) To have the management, control and supervision of all business and 3 affairs of the district. 4 (7) To hire and retain agents, consultants and professional advisers con- 5 cerning district matters. 6 (8) To fix, and from time to time to increase or decrease, aquifer pro- 7 tection fees or charges for services or facilities furnished by the district, 8 for the payment of any current charges or indebtedness of the district. 9 (9) To adopt and amend resolutions not in conflict with the constitution 10 and laws of the state for carrying on the business, objectives and affairs of 11 the board and of the district. 12 (10) To have and exercise all rights and powers necessary or incidental to 13 or implied from the specific powers granted herein. Such specific powers shall 14 not be considered as a limitation upon any power necessary or appropriate to 15 carry out the purposes and intent of this chapter. 16 39-506. POWERS NOT GRANTED. An aquifer protection district shall have no 17 independent regulatory powers and no power to levy taxes. Such restriction 18 shall not otherwise limit the police powers of the board of county commission- 19 ers. 20 39-507. POLICY AND BUDGET ADVISORY COMMITTEE. Subsequent to formation of 21 an aquifer protection district, and as it regards the aquifer protection dis- 22 trict, the governing board shall appoint a policy and budget advisory commit- 23 tee comprised of not less than nine (9) nor more than eleven (11) members. The 24 policy and budget advisory committee shall be comprised of residents of the 25 aquifer protection district boundaries with those characteristics as described 26 in section 39-504(3), Idaho Code. Members of the study commission appointed 27 pursuant to section 39-504, Idaho Code, may be appointed to serve on the pol- 28 icy and budget advisory committee. The responsibilities of the policy and bud- 29 get advisory committee shall include making recommendations to the governing 30 board for work program elements, proposing methods of cooperation among public 31 agencies with regulatory jurisdiction concerning aspects of aquifer protec- 32 tion, developing an aquifer protection budget recommendation to forward to the 33 governing board and carrying out such other aquifer protection activities as 34 the governing board, resident and committee member interest, and appropriated 35 budget allow. In addition to the budget hearing required by section 39-508, 36 Idaho Code, the budget and policy advisory committee shall conduct at least 37 one (1) public hearing during each fiscal year to solicit public comment 38 regarding aquifer protection needs. Notice of such hearing shall, at a mini- 39 mum, comply with the standards for legislative hearings as provided by law. 40 Any vacancies on the policy and budget advisory committee shall be filled in 41 the same manner as appointment provisions pursuant to section 39-504, Idaho 42 Code. 43 39-508. AQUIFER PROTECTION DISTRICT FUNDS -- FEES -- BUDGET. (1) Funds 44 received and expended in the name of an aquifer protection district shall be 45 budgeted, managed and audited in the same manner as funds of a county. Any 46 such revenues and expenditures shall be accounted for separate from other 47 county funds. The reasonable expenses of managing aquifer protection district 48 fiscal and legal affairs are legitimate costs of district operation and use of 49 county systems for fee collection is authorized hereby. The fiscal year for an 50 aquifer protection district shall conform to the fiscal year for counties. 51 (2) Fees reasonably related to the actual cost of services rendered by an 52 aquifer protection district may be charged to owners of land benefitted by the 5 1 availability of water from the aquifer to be protected by the district. The 2 maximum fee authorized per dwelling unit shall not exceed twelve dollars 3 ($12.00) annually. The maximum charge for nonresidential uses shall not exceed 4 twice the maximum authorized residential fee, and such nonresidential fee 5 shall be established and calculated in a manner that is roughly proportional 6 to aquifer use or other measure of benefits derived from protection of the 7 aquifer. 8 (3) Each fiscal year the budget and policy advisory committee shall con- 9 duct a public budgetary process, including at least one (1) public hearing 10 concerning a proposed aquifer protection district budget, before recommending 11 a proposed budget to the governing board. Any such recommendation shall be 12 transmitted to the governing board prior to the date of advertising the annual 13 county budget hearing. The budget for an aquifer protection district shall be 14 considered by the governing board in the course of its annual budget process. 15 An aquifer protection district shall follow the financial accountability stan- 16 dards and limitations applicable to counties.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Eskridge Seconded by Stevenson IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO H.B. NO. 650 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 37, following "quality," insert: 3 "and such designation was made prior to the enactment of this act,"; in line 4 38, delete "may consider formation of" and insert: "may, upon petition, hold 5 an election for establishment of". 6 On page 2, in line 1, following "Code" insert: ", provided all participat- 7 ing counties have held elections and voted in favor of establishment of, or 8 participation in, an aquifer protection district"; in line 5, delete "that au- 9 thorize its forma-"; in line 6, delete "tion" and insert: "in which it is 10 formed"; and delete lines 13 through 54. 11 On page 3, delete lines 1 through 37 and insert: 12 "39-504. PETITIONS -- ELECTIONS -- MODIFICATION -- DISSOLUTION -- AUTHOR- 13 ITY. (1) The establishment of, or participation in, an aquifer protection dis- 14 trict may be initiated by the filing of a petition signed by not fewer than 15 fifty (50) qualified electors of any county in which an eligible aquifer is 16 located and who reside within the boundaries of the proposed aquifer protec- 17 tion district. The petition shall be filed with the county clerk of the county 18 in which the signers of the petition are resident. The petition shall desig- 19 nate the proposed boundaries of the aquifer protection district. 20 (2) Upon the filing of the petition, the county clerk shall promptly 21 examine the petition and certify whether the required number of qualified 22 petitioners have signed the petition. If the number of petition signers is 23 sufficient, the county clerk shall transmit the certified petition to the 24 board of county commissioners. 25 (3) Upon receipt of a duly certified petition the board of county commis- 26 sioners shall give notice of an election to be held, which election shall be 27 held at the same time as the primary or general election, in such proposed 28 district for the purpose of determining whether or not the proposed district 29 shall be established or whether or not the county shall participate in a dis- 30 trict. Such notice shall include the date and hours of the election, the poll- 31 ing places, the general purposes of the proposed district, a description of 32 lands to be included in the proposed district, and a statement that a map of 33 the proposed district is available in the office of the board of county com- 34 missioners. The notice shall be published once each week for three (3) consec- 35 utive weeks prior to such election in a newspaper of general circulation 36 within the county. 37 (4) The election shall be held and conducted consistent with the provi- 38 sions of chapter 14, title 34, Idaho Code. The board of county commissioners 39 shall appoint three (3) judges of election, one (1) of whom shall act as clerk 40 for the election. At such election the electors shall vote for or against the 41 establishment of, or participation in, the district. 42 (5) The judges of election shall certify the returns of the election to 43 the board of county commissioners. If a majority of the votes cast at said 44 election are in favor of the establishment of, or participation in, the dis- 2 1 trict, the board of county commissioners shall declare the district estab- 2 lished and give it a name by which, in all proceedings, it shall thereafter be 3 known. 4 (6) Procedures for boundary modification or dissolution of a district 5 created pursuant to this section shall be in substantial compliance with the 6 provisions for petition and election provided in this section. 7 (7) In the event a board of county commissioners declares a district 8 established pursuant to the procedures prescribed by this section, the dis- 9 trict shall be recognized as a legally established political subdivision of 10 the state of Idaho. Unless otherwise limited by law, districts are authorized 11 to work with and across the boundaries of all political subdivisions of the 12 state of Idaho that are wholly or partially located within the external bound- 13 aries of the established aquifer protection district. Providing protection of 14 a state-designated sensitive resource aquifer is a governmental function.". 15 On page 3, in line 54, delete "and incur indebtedness, limited to the 16 amount of rev-"; on page 4, in line 1, delete "enues anticipated in any single 17 year" and insert: ", provided however, that borrowing shall be limited to the 18 Idaho water resource board revolving development fund pursuant to section 19 42-1756, Idaho Code"; in line 25, delete "those characteristics as described"; 20 delete lines 26 and 27; in line 28, delete "icy and budget advisory commit- 21 tee." and insert: "the following characteristics: 22 (1) A representative of a municipal domestic water provider; 23 (2) A representative of a water district; 24 (3) A representative of an irrigation district; 25 (4) A representative of a private water system; 26 (5) A representative of a well recognized business organization; 27 (6) A representative of a well recognized environmental organization; 28 (7) A representative of the agricultural community; 29 (8) A hydrologist or engineer; and 30 (9) A citizen consumer."; 31 in line 41, delete "appointment provisions pursuant to section 39-504, Idaho"; 32 and in line 42, delete "Code" and insert: "the initial appointment". 33 AMENDMENT TO THE BILL 34 On page 5, following line 16, insert: 35 "SECTION 2. That Section 42-1756, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 42-1756. LOANS FROM ACCOUNT -- APPLICATION -- INVESTIGATION -- APPROVAL 38 -- REPAYMENT -- STATEMENT -- FILING -- DEFAULT. (a) Any irrigation district, 39 canal or irrigation company, water users' association, municipal corporation, 40 municipality, private corporation, aquifer protection district, or, in special 41 cases approved by the board, an individual may file an application with the 42 board for a loan from the revolving account for the purpose of financing proj- 43 ect costs. Such application shall be filed in such manner, and shall be in 44 such form and be accompanied by such information as may be prescribed by the 45 board; provided, however, that any such application filed with the board under 46 the provisions of this act, shall: 47 (1) Describe the nature and purpose(s) of the proposed project. 48 (2) Set forth or be accompanied by a plan for development of the proposed 49 project, together with such engineering and economic feasibility data and 50 estimated costs of construction as may be required by the board. 51 (3) State whether money other than that for which application is made to 52 the board will be used for project costs, and whether such money is avail- 53 able or has been sought for this purpose. 3 1 (4) Show that the applicant holds or can acquire title to all lands or 2 has the necessary easements and rights-of-way for the project and related 3 lands, and has or can acquire all water rights necessary for the construc- 4 tion, operation and maintenance of the proposed project, or that there 5 exists sufficient water available for appropriation by proof of a permit 6 issued by the director of the department of water resources. 7 (b) Upon receipt of an application, the board shall evaluate and, if it 8 deems it to be necessary, investigate all aspects of the proposed project and 9 the proposed construction thereof. As a part of such investigation, the board 10 shall determine whether the plan for development of the project is satisfac- 11 tory. If the board determines that the plan is unsatisfactory, it shall return 12 the application to the applicant and may make such recommendations to the 13 applicant as are considered necessary to make the plan satisfactory. 14 (c) The board may approve a loan for project costs if after investigation 15 (if this is deemed necessary,) and evaluation it finds that: 16 (1) The plan does not conflict with any extant Idaho state water plan; 17 (2) The proposed project is feasible from an engineering standpoint and 18 economically justified, with studies showing a favorable benefit to cost 19 ratio; 20 (3) The plan for development of the proposed project is satisfactory; 21 (4) The applicant is qualified and responsible; 22 (5) There is reasonable assurance that the borrower can repay the loan; 23 (6) That money in the revolving account is available for the loan; and 24 (7) That the loan does not exceed five hundred thousand dollars 25 ($500,000) unless legislative approval has been obtained. 26 (d) If the board approves a loan, the board and the applicant or appli- 27 cants shall enter into an agreement for repayment to the revolving account of 28 money loaned therefrom, together with interest thereon at reasonable rates as 29 determined by the board. The agreement shall further provide that repayment of 30 the loan, together with interest thereon, shall commence no later than one (1) 31 full year after construction of the project is completed, and that repayment 32 shall be completed within the time period specified by the board; provided 33 that repayment to reserve accounts or guarantee funds shall be made as pro- 34 vided by order of the board. The repayment period shall not exceed sixty (60) 35 years, except that the board may extend the time for making repayment in the 36 event of emergency or hardship. Such agreement shall also provide for such 37 assurances of, and security for, repayment of the loan as are considered nec- 38 essary by the board. 39 (e) The state shall have a lien upon a project constructed with money 40 from the revolving account for the amount of the loan, together with the 41 interest thereon. This lien shall attach to all project facilities, equipment, 42 easements, real property and property of any kind or nature associated with 43 the project and all water rights associated in any way with the project. The 44 board shall file a statement of the loan, its amount, terms and a description 45 of the project with the county recorder of each county in which the project or 46 any part thereof is located. The county recorder shall record the lien in a 47 book kept for the recording of liens and it shall be indexed as other liens 48 are required by law to be indexed. The lien shall be valid until paid in full 49 or otherwise discharged. The lien shall be foreclosed in accordance with 50 applicable state law governing foreclosure of mortgages and liens as set forth 51 in chapter 1 of title 6, Idaho Code, chapter 13 of title 45, Idaho Code, and 52 related provisions of the statutes of this state. 53 (f) If an applicant fails to comply with the repayment contract, its 54 interest in the project may be conveyed to a successor upon approval by the 55 board, which may contract with the qualified successor in interest of the 4 1 original obligor for repayment of the loan, together with the interest 2 thereon, and for succession to its rights and obligations in any contract with 3 the board. 4 (g) The state shall have a lien on any or all projects which the board 5 improves or renovates with money from the revolving account, and such lien 6 shall be valid and continue in effect until such funds, together with interest 7 thereon, have been paid in full and the lien discharged. The board shall file 8 a statement of the lien, and the lien shall be foreclosed upon all project 9 property and rights as provided in subsection (e) above.". 10 CORRECTIONS TO TITLE 11 On page 1, in line 5, delete "A PROCEDURE FOR FORMATION" and insert: "FOR 12 PETITIONS, TO PROVIDE FOR ELECTIONS"; and in line 8, following "BUDGETS" 13 insert: "; AND AMENDING SECTION 42-1756, IDAHO CODE, TO PROVIDE THAT AN AQUI- 14 FER PROTECTION DISTRICT MAY APPLY FOR LOANS FROM THE IDAHO WATER RESOURCE 15 REVOLVING DEVELOPMENT FUND".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 650, As Amended BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO AQUIFER PROTECTION DISTRICTS; AMENDING TITLE 39, IDAHO CODE, BY 3 THE ADDITION OF A NEW CHAPTER 5, TITLE 39, IDAHO CODE, TO PROVIDE A PUR- 4 POSE, TO DEFINE A TERM, TO PROVIDE FOR AQUIFER PROTECTION DISTRICTS, TO 5 PROVIDE FOR PETITIONS, TO PROVIDE FOR ELECTIONS, TO PROVIDE FOR MODIFICA- 6 TION AND DISSOLUTION, TO PROVIDE FOR AUTHORITY, TO PROVIDE POWERS AND 7 DUTIES, TO PROVIDE LIMITATIONS ON POWER, TO PROVIDE FOR A POLICY AND BUD- 8 GET ADVISORY COMMITTEE, TO PROVIDE FOR FUNDS, TO AUTHORIZE FEES AND TO 9 PROVIDE FOR BUDGETS; AND AMENDING SECTION 42-1756, IDAHO CODE, TO PROVIDE 10 THAT AN AQUIFER PROTECTION DISTRICT MAY APPLY FOR LOANS FROM THE IDAHO 11 WATER RESOURCE REVOLVING DEVELOPMENT FUND. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended 14 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 15 ter 5, Title 39, Idaho Code, and to read as follows: 16 CHAPTER 5 17 AQUIFER PROTECTION DISTRICTS 18 39-501. PURPOSE. The protection of ground water quality is essential for 19 life, health and furthering matters of commerce. Multiple public agencies have 20 regulatory jurisdiction over various aspects of everyday human activity that 21 can and do pose risks to vital underground water supplies. Enforcement of cur- 22 rent rules and regulations, implementation of educational programs, and 23 inspection of potential sources of pollution require funding beyond the bud- 24 gets of agencies charged with these responsibilities. The coordination of work 25 by public agencies to assist in the prevention of degradation of valuable 26 ground water can be a cost-effective alternative to after the fact remediation 27 of a degraded resource. Certain ground water quality problems cannot be reme- 28 died, only prevented. The purposes of establishing an aquifer protection dis- 29 trict include protection of the state's economy, maintaining a water supply 30 that does not require extensive treatment prior to human consumption or com- 31 mercial use, avoiding the economic costs of remedial action, and protecting 32 the well-being of communities that depend upon aquifers for essential human 33 needs. 34 39-502. GOVERNING BOARD. For purposes of this chapter, the term 35 "governing board" means the board of county commissioners of a county creat- 36 ing, or participating in, an aquifer protection district or multicounty aqui- 37 fer protection district. 38 39-503. AQUIFER PROTECTION DISTRICT AUTHORIZED. (1) In counties where a 39 state designated sensitive resource aquifer has been declared as prescribed by 40 rules of the department of environmental quality, and such designation was 2 1 made prior to the enactment of this act, the board of county commissioners of 2 any such county may, upon petition, hold an election for establishment of, or 3 participation in, an aquifer protection district as authorized by this chap- 4 ter. 5 (2) A multicounty aquifer protection district may be established by a 6 joint powers agreement as authorized by chapter 23, title 67, Idaho Code, pro- 7 vided all participating counties have held elections and voted in favor of 8 establishment of, or participation in, an aquifer protection district. Every 9 reference to a county in this chapter may be applicable to the multiple coun- 10 ties that participate in a multicounty aquifer protection district. 11 (3) An aquifer protection district is a political subdivision of the 12 state of Idaho subordinate to the county or counties in which it is formed. 13 The governing board of an aquifer protection district is authorized to provide 14 coordination and funding for aquifer protection activities carried out by 15 county government, other political subdivisions, state agencies, and private 16 individuals or interests. The boundaries of an aquifer protection district 17 shall conform as nearly as practicable to boundaries of the subject aquifer, 18 the aquifer's recharge areas, and areas that may be dependent upon the aquifer 19 as a source of water. 20 39-504. PETITIONS -- ELECTIONS -- MODIFICATION -- DISSOLUTION -- AUTHOR- 21 ITY. (1) The establishment of, or participation in, an aquifer protection dis- 22 trict may be initiated by the filing of a petition signed by not fewer than 23 fifty (50) qualified electors of any county in which an eligible aquifer is 24 located and who reside within the boundaries of the proposed aquifer protec- 25 tion district. The petition shall be filed with the county clerk of the county 26 in which the signers of the petition are resident. The petition shall desig- 27 nate the proposed boundaries of the aquifer protection district. 28 (2) Upon the filing of the petition, the county clerk shall promptly 29 examine the petition and certify whether the required number of qualified 30 petitioners have signed the petition. If the number of petition signers is 31 sufficient, the county clerk shall transmit the certified petition to the 32 board of county commissioners. 33 (3) Upon receipt of a duly certified petition the board of county commis- 34 sioners shall give notice of an election to be held, which election shall be 35 held at the same time as the primary or general election, in such proposed 36 district for the purpose of determining whether or not the proposed district 37 shall be established or whether or not the county shall participate in a dis- 38 trict. Such notice shall include the date and hours of the election, the poll- 39 ing places, the general purposes of the proposed district, a description of 40 lands to be included in the proposed district, and a statement that a map of 41 the proposed district is available in the office of the board of county com- 42 missioners. The notice shall be published once each week for three (3) consec- 43 utive weeks prior to such election in a newspaper of general circulation 44 within the county. 45 (4) The election shall be held and conducted consistent with the provi- 46 sions of chapter 14, title 34, Idaho Code. The board of county commissioners 47 shall appoint three (3) judges of election, one (1) of whom shall act as clerk 48 for the election. At such election the electors shall vote for or against the 49 establishment of, or participation in, the district. 50 (5) The judges of election shall certify the returns of the election to 51 the board of county commissioners. If a majority of the votes cast at said 52 election are in favor of the establishment of, or participation in, the dis- 53 trict, the board of county commissioners shall declare the district estab- 54 lished and give it a name by which, in all proceedings, it shall thereafter be 3 1 known. 2 (6) Procedures for boundary modification or dissolution of a district 3 created pursuant to this section shall be in substantial compliance with the 4 provisions for petition and election provided in this section. 5 (7) In the event a board of county commissioners declares a district 6 established pursuant to the procedures prescribed by this section, the dis- 7 trict shall be recognized as a legally established political subdivision of 8 the state of Idaho. Unless otherwise limited by law, districts are authorized 9 to work with and across the boundaries of all political subdivisions of the 10 state of Idaho that are wholly or partially located within the external bound- 11 aries of the established aquifer protection district. Providing protection of 12 a state-designated sensitive resource aquifer is a governmental function. 13 39-505. GOVERNANCE -- POWERS AND DUTIES. In addition to powers and duties 14 otherwise set forth in this chapter, governing boards shall have the following 15 powers and duties: 16 (1) To contract with public agencies and private individuals or entities 17 to carry out district responsibilities and accomplish purposes of the dis- 18 trict. 19 (2) To apply for and receive grants to carry out aquifer protection dis- 20 trict purposes. 21 (3) To sue and be sued, and be a party to suits, actions and proceedings. 22 (4) Except as otherwise provided in this chapter, to enter into contracts 23 and agreements, cooperative and otherwise, affecting the affairs of the dis- 24 trict, including contracts with the United States of America, the state of 25 Idaho and any of its agencies or instrumentalities, public or private corpora- 26 tions, municipalities and other governmental subdivisions, and to cooperate 27 with any one (1) or more of these entities to achieve the purposes of the dis- 28 trict. 29 (5) To borrow money, provided however, that borrowing shall be limited to 30 the Idaho water resource board revolving development fund pursuant to section 31 42-1756, Idaho Code. 32 (6) To have the management, control and supervision of all business and 33 affairs of the district. 34 (7) To hire and retain agents, consultants and professional advisers con- 35 cerning district matters. 36 (8) To fix, and from time to time to increase or decrease, aquifer pro- 37 tection fees or charges for services or facilities furnished by the district, 38 for the payment of any current charges or indebtedness of the district. 39 (9) To adopt and amend resolutions not in conflict with the constitution 40 and laws of the state for carrying on the business, objectives and affairs of 41 the board and of the district. 42 (10) To have and exercise all rights and powers necessary or incidental to 43 or implied from the specific powers granted herein. Such specific powers shall 44 not be considered as a limitation upon any power necessary or appropriate to 45 carry out the purposes and intent of this chapter. 46 39-506. POWERS NOT GRANTED. An aquifer protection district shall have no 47 independent regulatory powers and no power to levy taxes. Such restriction 48 shall not otherwise limit the police powers of the board of county commission- 49 ers. 50 39-507. POLICY AND BUDGET ADVISORY COMMITTEE. Subsequent to formation of 51 an aquifer protection district, and as it regards the aquifer protection dis- 52 trict, the governing board shall appoint a policy and budget advisory commit- 4 1 tee comprised of not less than nine (9) nor more than eleven (11) members. The 2 policy and budget advisory committee shall be comprised of residents of the 3 aquifer protection district boundaries with the following characteristics: 4 (1) A representative of a municipal domestic water provider; 5 (2) A representative of a water district; 6 (3) A representative of an irrigation district; 7 (4) A representative of a private water system; 8 (5) A representative of a well recognized business organization; 9 (6) A representative of a well recognized environmental organization; 10 (7) A representative of the agricultural community; 11 (8) A hydrologist or engineer; and 12 (9) A citizen consumer. 13 The responsibilities of the policy and budget advisory committee shall include 14 making recommendations to the governing board for work program elements, pro- 15 posing methods of cooperation among public agencies with regulatory jurisdic- 16 tion concerning aspects of aquifer protection, developing an aquifer protec- 17 tion budget recommendation to forward to the governing board and carrying out 18 such other aquifer protection activities as the governing board, resident and 19 committee member interest, and appropriated budget allow. In addition to the 20 budget hearing required by section 39-508, Idaho Code, the budget and policy 21 advisory committee shall conduct at least one (1) public hearing during each 22 fiscal year to solicit public comment regarding aquifer protection needs. 23 Notice of such hearing shall, at a minimum, comply with the standards for leg- 24 islative hearings as provided by law. Any vacancies on the policy and budget 25 advisory committee shall be filled in the same manner as the initial appoint- 26 ment. 27 39-508. AQUIFER PROTECTION DISTRICT FUNDS -- FEES -- BUDGET. (1) Funds 28 received and expended in the name of an aquifer protection district shall be 29 budgeted, managed and audited in the same manner as funds of a county. Any 30 such revenues and expenditures shall be accounted for separate from other 31 county funds. The reasonable expenses of managing aquifer protection district 32 fiscal and legal affairs are legitimate costs of district operation and use of 33 county systems for fee collection is authorized hereby. The fiscal year for an 34 aquifer protection district shall conform to the fiscal year for counties. 35 (2) Fees reasonably related to the actual cost of services rendered by an 36 aquifer protection district may be charged to owners of land benefitted by the 37 availability of water from the aquifer to be protected by the district. The 38 maximum fee authorized per dwelling unit shall not exceed twelve dollars 39 ($12.00) annually. The maximum charge for nonresidential uses shall not exceed 40 twice the maximum authorized residential fee, and such nonresidential fee 41 shall be established and calculated in a manner that is roughly proportional 42 to aquifer use or other measure of benefits derived from protection of the 43 aquifer. 44 (3) Each fiscal year the budget and policy advisory committee shall con- 45 duct a public budgetary process, including at least one (1) public hearing 46 concerning a proposed aquifer protection district budget, before recommending 47 a proposed budget to the governing board. Any such recommendation shall be 48 transmitted to the governing board prior to the date of advertising the annual 49 county budget hearing. The budget for an aquifer protection district shall be 50 considered by the governing board in the course of its annual budget process. 51 An aquifer protection district shall follow the financial accountability stan- 52 dards and limitations applicable to counties. 53 SECTION 2. That Section 42-1756, Idaho Code, be, and the same is hereby 5 1 amended to read as follows: 2 42-1756. LOANS FROM ACCOUNT -- APPLICATION -- INVESTIGATION -- APPROVAL 3 -- REPAYMENT -- STATEMENT -- FILING -- DEFAULT. (a) Any irrigation district, 4 canal or irrigation company, water users' association, municipal corporation, 5 municipality, private corporation, aquifer protection district, or, in special 6 cases approved by the board, an individual may file an application with the 7 board for a loan from the revolving account for the purpose of financing proj- 8 ect costs. Such application shall be filed in such manner, and shall be in 9 such form and be accompanied by such information as may be prescribed by the 10 board; provided, however, that any such application filed with the board under 11 the provisions of this act, shall: 12 (1) Describe the nature and purpose(s) of the proposed project. 13 (2) Set forth or be accompanied by a plan for development of the proposed 14 project, together with such engineering and economic feasibility data and 15 estimated costs of construction as may be required by the board. 16 (3) State whether money other than that for which application is made to 17 the board will be used for project costs, and whether such money is avail- 18 able or has been sought for this purpose. 19 (4) Show that the applicant holds or can acquire title to all lands or 20 has the necessary easements and rights-of-way for the project and related 21 lands, and has or can acquire all water rights necessary for the construc- 22 tion, operation and maintenance of the proposed project, or that there 23 exists sufficient water available for appropriation by proof of a permit 24 issued by the director of the department of water resources. 25 (b) Upon receipt of an application, the board shall evaluate and, if it 26 deems it to be necessary, investigate all aspects of the proposed project and 27 the proposed construction thereof. As a part of such investigation, the board 28 shall determine whether the plan for development of the project is satisfac- 29 tory. If the board determines that the plan is unsatisfactory, it shall return 30 the application to the applicant and may make such recommendations to the 31 applicant as are considered necessary to make the plan satisfactory. 32 (c) The board may approve a loan for project costs if after investigation 33 (if this is deemed necessary,) and evaluation it finds that: 34 (1) The plan does not conflict with any extant Idaho state water plan; 35 (2) The proposed project is feasible from an engineering standpoint and 36 economically justified, with studies showing a favorable benefit to cost 37 ratio; 38 (3) The plan for development of the proposed project is satisfactory; 39 (4) The applicant is qualified and responsible; 40 (5) There is reasonable assurance that the borrower can repay the loan; 41 (6) That money in the revolving account is available for the loan; and 42 (7) That the loan does not exceed five hundred thousand dollars 43 ($500,000) unless legislative approval has been obtained. 44 (d) If the board approves a loan, the board and the applicant or appli- 45 cants shall enter into an agreement for repayment to the revolving account of 46 money loaned therefrom, together with interest thereon at reasonable rates as 47 determined by the board. The agreement shall further provide that repayment of 48 the loan, together with interest thereon, shall commence no later than one (1) 49 full year after construction of the project is completed, and that repayment 50 shall be completed within the time period specified by the board; provided 51 that repayment to reserve accounts or guarantee funds shall be made as pro- 52 vided by order of the board. The repayment period shall not exceed sixty (60) 53 years, except that the board may extend the time for making repayment in the 54 event of emergency or hardship. Such agreement shall also provide for such 6 1 assurances of, and security for, repayment of the loan as are considered nec- 2 essary by the board. 3 (e) The state shall have a lien upon a project constructed with money 4 from the revolving account for the amount of the loan, together with the 5 interest thereon. This lien shall attach to all project facilities, equipment, 6 easements, real property and property of any kind or nature associated with 7 the project and all water rights associated in any way with the project. The 8 board shall file a statement of the loan, its amount, terms and a description 9 of the project with the county recorder of each county in which the project or 10 any part thereof is located. The county recorder shall record the lien in a 11 book kept for the recording of liens and it shall be indexed as other liens 12 are required by law to be indexed. The lien shall be valid until paid in full 13 or otherwise discharged. The lien shall be foreclosed in accordance with 14 applicable state law governing foreclosure of mortgages and liens as set forth 15 in chapter 1 of title 6, Idaho Code, chapter 13 of title 45, Idaho Code, and 16 related provisions of the statutes of this state. 17 (f) If an applicant fails to comply with the repayment contract, its 18 interest in the project may be conveyed to a successor upon approval by the 19 board, which may contract with the qualified successor in interest of the 20 original obligor for repayment of the loan, together with the interest 21 thereon, and for succession to its rights and obligations in any contract with 22 the board. 23 (g) The state shall have a lien on any or all projects which the board 24 improves or renovates with money from the revolving account, and such lien 25 shall be valid and continue in effect until such funds, together with interest 26 thereon, have been paid in full and the lien discharged. The board shall file 27 a statement of the lien, and the lien shall be foreclosed upon all project 28 property and rights as provided in subsection (e) above.
STATEMENT OF PURPOSE RS 15967 This legislation will authorize board(s) of county commissioners to form an aquifer protection district to protect the quality of underground waters in counties that include a state-designated "Sensitive Resource Aquifer." This aquifer protection district will fund aquifer protection programs and provide coordination of such efforts across jurisdictional lines. The district will have no taxing or regulatory authority and will be formed only upon the favorable recommendation of a qualified study commission appointed by the board of commissioners. When formed, the board of county commissioners will serve as the governing agency of the aquifer protection district. The board will appoint a permanent budgetary and policy committee to make annual recommendations on programs to protect the quality of the aquifer water. This legislation authorizes the board of county commissioners to assess annual usual fees not to exceed $12 per dwelling and not to exceed $24 for non-residential uses. FISCAL NOTE There will be a positive $90,800 to the general fund on a continuing annual basis. Contact Name: Rep. Bob Nonini Phone: (208) 332-1000 Rep. Frank Henderson Senator Dick Compton STATEMENT OF PURPOSE/FISCAL NOTE H 650