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H0087.........................................by RESOURCES AND CONSERVATION
IRRIGATION DISTRICTS - Amends existing law relating to irrigation districts
to provide for recording of notices of election; and to revise timing
provisions relating to the redemption or repurchase of water rights.
02/01 House intro - 1st rdg - to printing
02/02 Rpt prt - to Res/Con
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/12 3rd rdg - PASSED - 63-0-7
AYES -- Anderson, Barrett, Bayer, Bedke, Bell, Black, Block, Bock,
Boe, Bolz, Brackett, Chadderdon, Chavez, Chew, Clark, Collins, Crane,
Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest,
Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Moyle, Nielsen,
Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Shively, Smith(30), Smith(24), Stevenson, Thayn, Vander
Woude, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Andrus, Bilbao, Bradford, Mortimer, Snodgrass,
Trail, Wills
Floor Sponsor - King
Title apvd - to Senate
02/13 Senate intro - 1st rdg - to Res/Env
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bilyeu, Broadsword, Burkett, Cameron,
Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Bastian
Floor Sponsor - Little
Title apvd - to House
03/16 To enrol - Rpt enrol - Sp signed
03/19 Pres signed - To Governor
03/23 Governor signed
Session Law Chapter 161
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 87
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO IRRIGATION DISTRICTS; AMENDING SECTION 43-803, IDAHO CODE, TO PRO-
3 VIDE FOR THE RECORDING OF NOTICES OF ELECTION AND TO MAKE A TECHNICAL COR-
4 RECTION; AND AMENDING SECTION 43-804, IDAHO CODE, TO REVISE TIMING PROVI-
5 SIONS RELATING TO THE REDEMPTION OR REPURCHASE OF WATER RIGHTS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 43-803, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 43-803. NOTICE OF ELECTION BY DISTRICT -- RESERVATION OF TITLE TO WATER
10 RIGHT. To constitute an election as provided in section 43-801, Idaho Code,
11 the irrigation district shall, at least ten (10) days prior to the date of the
12 issuance of tax deed to the county treasurer on behalf of any taxing unit, or
13 at least ten (10) days prior to the date of any sale of real property acquired
14 by a county on account of delinquent taxes, file with the county treasurer and
15 the clerk of the board of county commissioners of the county a notice in writ-
16 ing, in substantially the following form:
17 "Notice is hereby given that .... irrigation district has elected to
18 accept a cancellation of taxes in favor of said irrigation district and con-
19 stituting part of the taxes delinquent upon which tax deed may or has issued
20 and in lieu thereof to retain title to the water right for the purchase of
21 which the assessments in favor of the irrigation district were levied. The
22 property affected by this notice is described as follows, to wit:
23 (....)"
24 Upon the issuance of a tax deed to any lands within an irrigation district
25 organized as aforesaid for delinquent taxes or a sale of any lands acquired by
26 a county on account of delinquent taxes, the receipt of this notice by the
27 county treasurer or the clerk of the board of county commissioners of the
28 county, substantially in form as herein provided, shall be recorded in the
29 chain of title of the subject real property and shall obligate the officer
30 accepting a deed on behalf of a taxing unit and/or the officers executing a
31 deed to lands acquired by the county for delinquent taxes, to reserve title to
32 the water right and title to said water right shall thereupon vest in the
33 irrigation district subject to redemption as hereinafter provided; provided,
34 however, said irrigation district shall as a prerequisite to withdrawal of
35 said water right from the lands and revesting thereof in said district, pay to
36 the county the amount paid by the county to the state as state taxes levied
37 against said lands from which said water right is to be withdrawn.
38 SECTION 2. That Section 43-804, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 43-804. REDEMPTION OR REPURCHASE OF WATER RIGHTS. The purchaser of any
41 lands within an irrigation district at a sale of lands acquired by a county on
2
1 account of delinquent taxes, or the holder of a tax deed to any lands within
2 an irrigation district, or the then owner of said lands, the water right to
3 which has vested in said irrigation district under the provisions of this
4 chapter, may, within six (6) months from the date of the issuance of the tax
5 deed, or of the sale of said lands by the county, whichever is earlier, appear
6 before the board of directors of said irrigation district at a regular or spe-
7 cial meeting of said board and make application to redeem or repurchase the
8 water right originally bought for use and to be made appurtenant to said
9 land, and the said board of directors shall, upon receipt of payment of all
10 taxes formerly delinquent against said land in favor of the irrigation dis-
11 trict and expenses incurred by the district in connection therewith, reinstate
12 said water right and thereafter said land and water shall be subject to all of
13 the charges required to be paid by lands within the district: provided, how-
14 ever, that during the interim between the issuance of the tax deed to the
15 land, or the sale of said land by the county as herein referred to, and the
16 date of the application to redeem, water represented by said water right shall
17 not be delivered to the land except upon the express consent of the board of
18 directors of the irrigation district.
19 Should no redemption be made as herein provided within the period herein
20 stated, title to the water right shall vest absolutely in the irrigation dis-
21 trict.
STATEMENT OF PURPOSE
RS 16821
To clarify the procedures for irrigation districts to reserve
title to water rights for nonpayment of assessments, to assure
that the notice is filed in county records in the chain of title
and to clarify the time period for a right of redemption.
FISCAL NOTE
There will be no fiscal impact.
Contact
Name: Norm Semanko, Idaho Water Users Association
Phone: 344-6690
Jonathan Parker, Idaho Water Users Association
Phone: 344-6690
STATEMENT OF PURPOSE/FISCAL NOTE H 87