2007 Legislation
Print Friendly

HOUSE BILL NO. 241 – Water dist, expense

HOUSE BILL NO. 241

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



H0241...............................................by REVENUE AND TAXATION
WATER DISTRICTS - Amends existing law to revise water district expense
provisions relating to costs of the Department of Water Resources for
administration of certain water rights; and to provide for an appropriation
request.
                                                                        
02/26    House intro - 1st rdg - to printing
02/27    Rpt prt - to Res/Con
03/02    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 63-3-4
      AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Lake, LeFavour,
      Luker, Marriott, Mathews, Mortimer, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Ruchti, Rusche,
      Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively,
      Smith(30), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills,
      Wood(27), Mr. Speaker
      NAYS -- Barrett, Loertscher, McGeachin
      Absent and excused -- Labrador, Roberts, Smith(24), Wood(35)
    Floor Sponsor - Raybould
    Title apvd - to Senate
03/07    Senate intro - 1st rdg - to Res/Env
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder,
      Siddoway, Stegner, Werk
      NAYS -- None
      Absent and excused -- Gannon, Malepeai, Stennett
    Floor Sponsor - Coiner
    Title apvd - to House
03/20    To enrol - Rpt enrol - Sp signed
03/21    Pres signed - To Governor
03/27    Governor signed
         Session Law Chapter 204
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 241
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO WATER; AMENDING SECTION 42-620, IDAHO CODE, TO REVISE  WATER  DIS-
  3        TRICT  EXPENSE  PROVISIONS  RELATING  TO  COSTS OF THE DEPARTMENT OF WATER
  4        RESOURCES FOR ADMINISTRATION OF CERTAIN WATER RIGHTS AND TO PROVIDE FOR AN
  5        APPROPRIATION REQUEST.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 42-620, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
                                                                        
  9        42-620.  ADDITIONAL  WATER  DISTRICT  EXPENSES  RELATING  TO  COSTS OF THE
 10    DEPARTMENT OF WATER RESOURCES FOR ADMINISTRATION OF WATER RIGHTS ON THE  EAST-
 11    ERN  SNAKE  RIVER PLAIN. (1) The director of the department of water resources
 12    shall create or modify water districts pursuant to section 42-604, Idaho Code,
 13    to administer all water rights from water sources hydraulically  connected  to
 14    the  Eastern  Snake  Plain  Aquifer (ESPA). In adopting a budget under section
 15    42-612, Idaho Code, the water users in each such water district, beginning  in
 16    2006  fiscal  year  2008,  shall include the department's costs, not otherwise
 17    funded from other sources, for monitoring conditions of the ESPA, updating the
 18    ESPA ground water model, updating surface water modeling tools,  and  updating
 19    accounting  for  water  rights.  The  department's  costs shall be apportioned
 20    between among water districts based on the amount of water  delivered  in  the
 21    same manner as provided in sections 42-605A and 42-612, Idaho Code, provided a
 22    factor  or factors developed by the director in consultation with the advisory
 23    committee designated under subsection (2) of this section, shall be applied to
 24    each district to obtain an approximate overall balance in the apportionment of
 25    the department's costs between  surface  water  diversions  and  ground  water
 26    diversions subject to the payment of these costs. The factor for surface water
 27    diversions shall fairly apportion costs between consumptive and nonconsumptive
 28    diversions.
 29        (2)  At  its  annual meeting, each water district distributing water among
 30    rights from water sources hydraulically connected to the ESPA shall select one
 31    (1) or more water user representative(s) from within the district to serve  on
 32    an advisory committee to the director of the department of water resources for
 33    purposes  of  implementing the provisions of this section. The number of water
 34    users to be selected to serve on the advisory committee from each  water  dis-
 35    trict  shall  be  apportioned  based  on the amount of water delivered in each
 36    water district.
 37        (3)  The total amount of the department's costs to be included pursuant to
 38    subsection (1) of this section shall not exceed one million two hundred  thou-
 39    sand  dollars ($1,200,000) in 2005 dollars, multiplied by the inflation factor
 40    for each year as determined by the joint finance-appropriations  committee  of
 41    the legislature.
 42        (4)  The  director  of  the department of water resources shall request an
 43    appropriation from the state general fund to the department's annual budget in
                                                                        
                                       2
                                                                        
  1    an amount of not less than fifty percent (50%) of the costs  of  the  require-
  2    ments  of  subsection  (1)  of  this section. This appropriation is to be used
  3    exclusively for the implementation of the requirements of  subsection  (1)  of
  4    this section.

Statement of Purpose / Fiscal Impact


 REPRINT    REPRINT    REPRINT    REPRINT    REPRINT    REPRINT

                      STATEMENT OF PURPOSE

                            RS 17115

The purpose of this legislation is to amend Section 42-620 to
address concerns regarding an equitable method of assessments for
the payment of costs of the Department of Water Resources
incurred in carrying out defined activities in the administration
of water in the various water districts of the conjunctively
managed water connected to the Eastern Snake Plain Aquifer. It
provides for the Director of the Department of Water Resources,
in consultation with representatives of the advisory committees
of the various water districts, to establish the criteria for the
equitable apportionment of the Department's costs between surface
water diversion, ground water diversions, and consumptive and
non-consumptive uses.

In addition, it provides for a request by the Department of
Water Resources for an appropriation from the general fund for
payment of the equitable apportionment of said costs for water
users not subject to a water district assessment , including
domestic, commercial, municipal, and industrial users.



                          FISCAL NOTE

The fiscal impact for compensation of the other uses could be
$557,000 for fiscal year 2008.





Contact
Name: Representative Dell Raybould
Phone: 332-1000
Representative Bert Stevenson


STATEMENT OF PURPOSE/FISCAL NOTE                         H 241