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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 - 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.
]]]] 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".
]]]] 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
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