2006 Legislation
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HOUSE BILL NO. 650 – Aquifer protection dist

HOUSE BILL NO. 650

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved 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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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 / Fiscal Impact


                       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