WATER DISTRICTS – Amends existing law to authorize water districts to charge certain fees.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1305
BY
RESOURCES
AND
ENVIRONMENT
COMMITTEE
AN
ACT
1
RELATING
TO
WATER
DISTRICTS;
AMENDING
SECTION
42
-
612,
IDAHO
CODE,
TO
REVISE
2
PROVISIONS
REGARDING
WATER
DISTRICT
BUDGETS
AND
TO
PROVIDE
THAT
WATER
3
USERS
MAY
AUTHORIZE
A
WATER
DISTRICT
TO
CHARGE
A
FIXED
FEE
TO
COVER
AD
-
4
MINISTRATIVE
COSTS
ASSOCIATED
WITH
PROPERTY
OWNERSHIP
TRANSFERS;
AND
5
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Section
42
-
612,
Idaho
Code,
be,
and
the
same
is
hereby
8
amended
to
read
as
follows:
9
42
-
612.
PROPOSED
WATER
DISTRICT
BUDGET
FOR
SUCCEEDING
YEAR
-
-
ADOP
-
10
TION
AND
CONTENTS
OF
BUDGET
-
-
DEBT
OF
WATER
USER.
(1)
Each
watermaster
1
1
shall,
at
least
fourteen
(14)
days
prior
to
the
annual
meeting
of
the
water
12
users
of
the
water
district,
prepare
a
proposed
budget
for
the
succeeding
13
year,
together
with
a
distribution
of
the
pro
rata
amounts
of
the
budget
as
-
14
sessed
to
the
respective
water
users
or
water
delivery
organizations
using
15
the
actual
volume
of
water
delivered
for
the
past
season
or
seasons.
The
16
proposed
budget
and
distribution
of
pro
rata
assessments
shall
be
presented
17
to
the
water
users
for
consideration
and
approval
at
the
next
annual
meeting.
18
(2)
At
any
annual
meeting,
the
water
users
must
shall
adopt
a
budget
19
covering
the
estimated
expenses
of
delivering
the
water
of
the
district
for
20
the
ensuing
succeeding
year
and
shall,
by
resolution
,
determine
that
how
the
21
moneys
composing
the
budget
shall
be
collected.
The
compensation
of
the
wa
-
22
termaster
and
the
watermaster's
assistants
and
any
other
expenses
of
deliv
-
23
ering
the
water
of
the
district
to
the
users
thereof,
including
the
costs
24
of
the
advisory
committee
in
implementing
resolutions
adopted
by
the
water
25
users
of
the
district
for
activities
other
than
the
payment
of
the
salary
and
26
operating
expenses
of
the
watermaster
and
assistants,
shall
be
paid
in
the
27
manner
hereinafter,
in
this
section,
provided
for
by
this
section
.
28
(3)
To
the
extent
possible,
funding
for
advisory
committee
expenses
29
associated
with
implementing
resolutions
adopted
by
the
water
users
for
30
activities
other
than
the
payment
of
the
salary
and
operating
expenses
of
the
31
watermaster
and
assistants
shall
come
from
funds
available
pursuant
to
sec
-
32
tion
42
-
613A,
Idaho
Code.
If
funds
available
pursuant
to
section
42
-
613A,
33
Idaho
Code,
are
not
sufficient
to
cover
expenses
incurred
in
implementing
34
resolutions
adopted
by
the
water
users,
then
such
expenses
shall
come
from
35
assessments.
36
(4)
The
budget
shall
show
the
aggregate
amount
to
be
collected
from
all
37
the
water
users
in
the
district
and
the
amount
to
be
paid
by
each
water
de
-
38
livery
organization
or
other
water
user.
For
the
purpose
of
computing
the
39
respective
amounts
to
be
paid
by
each
water
user,
the
actual
volume
of
water
40
delivered
to
each
water
delivery
organization
or
other
water
user
during
the
41
past
season
or
seasons,
not
exceeding
five
(5)
seasons,
shall
be
used
as
a
ba
-
42

2
sis.
If
a
right
has
not
previously
been
assessed
or
if
past
season
delivery
1
records
are
not
available,
the
watermaster
may,
by
resolution
of
the
water
2
users,
estimate
the
volume
of
water
delivered
or
reasonably
used
when
water
3
was
available
under
the
priority
of
the
right
during
the
past
season
or
sea
-
4
sons.
Notwithstanding
other
provisions
of
this
section,
if
a
water
deliv
-
5
ery
organization
or
water
user
diverts
water
pursuant
to
a
valid
water
right
6
from
a
natural
waterway
that
is
regulated
and
assessed
by
one
(1)
water
dis
-
7
trict,
and
that
water
is
then
conveyed
through
and
rediverted
from
a
differ
-
8
ent
natural
waterway
pursuant
to
section
42
-
105(1),
Idaho
Code,
that
is
reg
-
9
ulated
by
a
second
water
district,
the
second
water
district
may,
by
resolu
-
10
tion
of
the
water
users,
charge
a
fee
instead
of
an
assessment
for
the
water
1
1
that
is
rediverted
sufficient
to
pay
the
costs
and
expenses
for
watermaster
12
services
for
data
collection,
water
measurement,
conveyance
of
water,
and
13
record
keeping
recordkeeping
directly
attributable
to
the
conveyance
of
the
14
water
that
is
rediverted.
A
fee
charged
pursuant
to
this
subsection
is
not
an
15
assessment.
A
water
delivery
organization
or
a
water
user
that
is
charged
a
16
fee
is
not
eligible
to
vote
at
an
annual
water
district
meeting
as
set
forth
17
in
section
42
-
605,
Idaho
Code,
unless
the
water
delivery
organization
or
wa
-
18
ter
user
holds
other
water
rights
that
are
assessed
by
the
water
district
and
19
voting
is
based
upon
on
those
assessed
water
rights.
20
(5)
Upon
the
adoption
of
the
budget,
the
amount
payable
by
each
water
21
delivery
organization
or
other
water
user,
as
shown
by
the
budget,
shall
22
become
the
debt
of
each
respectively
and
shall
become
due
and
payable
as
23
hereinafter
provided.
Other
provisions
of
chapter
6,
title
42,
Idaho
Code,
24
notwithstanding,
water
users
may
at
the
annual
meeting
,
by
resolution
,
pro
-
25
vide
for
an
annual
minimum
charge
not
to
exceed
two
hundred
fifty
dollars
26
($250)
per
water
user
for
watermaster
services.
The
minimum
charge
is
appli
-
27
cable
whenever
the
prorated
charge
against
any
water
delivery
organization
28
or
other
water
user
is
less
than
the
minimum
charge.
29
(6)
At
the
annual
meeting,
water
users
may,
by
resolution,
authorize
30
the
water
district
to
charge
a
fixed
fee.
The
amount
of
such
fee
shall
be
set
31
in
the
resolution
and
shall
be
used
exclusively
for
administrative
costs
as
-
32
sociated
with
transferring
relevant
water
right
documentation
to
new
owner
-
33
ship.
The
water
district
shall
maintain
a
record
of
how
such
fees
were
deter
-
34
mined.
35
(6)
(7)
Other
provisions
of
chapter
6,
title
42,
Idaho
Code,
notwith
-
36
standing,
water
users
at
the
annual
meeting
may
provide,
by
resolution,
that
37
the
respective
amounts
owed
by
each
water
user
as
shown
in
the
adopted
budget
38
shall
constitute
a
final
determination
of
the
amount
due
for
that
year
with
-
39
out
the
need
to
carry
forward
any
water
user
debits
or
credits
to
the
follow
-
40
ing
year.
41
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
42
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
43
July
1,
2026.
44