Idaho : 2015 Regular Session : BILL S1100
Amends existing law to provide that under specified conditions a watermaster may acquire, hold and dispose of real and personal property, equipment and facilities for the proper administration of the water district and enhancement of water supplies, to provide that under specified conditions a watermaster may develop, coordinate or provide for certain weather modification projects; and to provide that if specified funds are not sufficient to cover expenses in implementing certain resolutions, such expenses shall come from assessments.
Sponsor: Sen Resources and Environment Committee
Bill Details
WATER - Amends existing law to provide that under specified conditions a watermaster may acquire, hold and dispose of real and personal property, equipment and facilities for the proper administration of the water district and enhancement of water supplies, to provide that under specified conditions a watermaster may develop, coordinate or provide for certain weather modification projects; and to provide that if specified funds are not sufficient to cover expenses in implementing certain resolutions, such expenses shall come from assessments.
Bill summary
This bill changes current laws (Section 42-605 and 42-612) to give watermasters—officials appointed to manage and distribute water within a district—more authority to help meet community needs.
Water users in a district can now vote to let the watermaster buy, own, or sell property. This includes equipment and facilities. These actions must support water distribution, district management, or improving water supplies. The watermaster and future watermasters will keep control of these assets.
Water users can also vote to let the watermaster run weather modification projects, such as cloud seeding. These can be done by contract or other methods. These projects aim to boost the district’s water supply by increasing rainfall and must follow state water planning goals.
The bill also updates Section 42-612 to explain how funding works. If the funds from Section 42-613A are not sufficient to cover projects approved by water users, assessments will cover the remaining costs.
The bill does not impose any penalties or enforcement rules. It simply gives water districts the option to participate in cloud seeding, imposes no criminal penalties, and imposes no new regulations.
The main limitation is that any cloud-seeding project must "conform to state water planning objectives." This ensures that local projects fit with the state’s overall water policy.
History
S1100 sailed through both chambers of the Idaho Legislature with unanimous or near-unanimous support. Introduced February 16, 2015, the bill cleared the Senate Resources & Environment Committee in ten days and passed the full Senate 33-0-1 on March 3. The House proved equally receptive, with Resources & Conservation reporting it favourably on March 10 and the full House passing it 66-0-4 just two days later.
Governor Butch Otter signed the bill on March 23, 2015, and it became Session Law Chapter 82, effective July 1, 2015. The complete absence of opposition votes in either chamber suggests this was viewed as uncontroversial administrative housekeeping—expanding the watermaster's authority to participate in weather modification activities already occurring elsewhere in the state under different auspices.
- Mon 16 Feb 2015 Introduced; read first time; referred to JR for Printing
- Tue 17 Feb 2015 Reported Printed; referred to Resources & Environment
- Thu 26 Feb 2015 Reported out of Committee with Do Pass Recommendation; Filed for second reading
- Fri 27 Feb 2015 Read second time; filed for Third Reading
- Tue 03 Mar 2015 Read third time in full
- Tue 03 Mar 2015 PASSED -- 33-0-1
- Tue 03 Mar 2015 Title apvd
- Tue 03 Mar 2015 to House
- Wed 04 Mar 2015 Received from the Senate, Filed for First Reading
- Wed 04 Mar 2015 Read First Time, Referred to Resources & Conservation
- Tue 10 Mar 2015 Reported out of Committee with Do Pass Recommendation, Filed for Second Reading
- Wed 11 Mar 2015 Read second time; Filed for Third Reading
- Thu 12 Mar 2015 Read Third Time in Full
- Thu 12 Mar 2015 PASSED -- 66-0-4
- Thu 12 Mar 2015 Title apvd
- Thu 12 Mar 2015 to Senate
- Fri 13 Mar 2015 Returned From House Passed; referred to enrolling
- Mon 16 Mar 2015 Reported enrolled; signed by President; to House for signature of Speaker
- Tue 17 Mar 2015 Received from Senate; Signed by Speaker; Returned to Senate
- Wed 18 Mar 2015 Reported signed by the Speaker & ordered delivered to Governor
- Thu 19 Mar 2015 Reported delivered to Governor on 03/18/15
- Mon 23 Mar 2015 Signed by Governor on 03/23/15 Session Law Chapter 82 Effective: 07/01/2015
Supplementary documents
No supplementary documents available
Bill text
Amends existing law to provide that under specified conditions a watermaster may acquire, hold and dispose of real and personal property, equipment and facilities for the proper administration of the water district and enhancement of water supplies, to provide that under specified conditions a watermaster may develop, coordinate or provide for certain weather modification projects; and to provide that if specified funds are not sufficient to cover expenses in implementing certain resolutions, such expenses shall come from assessments.
LEGISLATURE OF THE STATE OF IDAHO
Sixty-third Legislature
First Regular Session - 2015
IN THE SENATE
SENATE BILL NO. 1100
BY RESOURCES AND ENVIRONMENT COMMITTEE
AN ACT
RELATING TO WATER; AMENDING SECTION 42-605, IDAHO CODE, TO PROVIDE THAT UNDER SPECIFIED CONDITIONS A WATERMASTER MAY ACQUIRE, HOLD AND DISPOSE OF REAL AND PERSONAL PROPERTY, EQUIPMENT AND FACILITIES FOR THE PROPER ADMINISTRATION OF THE WATER DISTRICT AND ENHANCEMENT OF WATER SUPPLIES AND TO PROVIDE THAT UNDER SPECIFIED CONDITIONS A WATERMASTER MAY DEVELOP, COORDINATE OR PROVIDE FOR CERTAIN WEATHER MODIFICATION PROJECTS; AND AMENDING SECTION 42-612, IDAHO CODE, TO PROVIDE THAT IF SPECIFIED FUNDS ARE NOT SUFFICIENT TO COVER EXPENSES IN IMPLEMENTING CERTAIN RESOLUTIONS, SUCH EXPENSES SHALL COME FROM ASSESSMENTS AND TO MAKE A TECHNICAL CORRECTION.
Be It Enacted by the Legislature of the State of Idaho:
SECTION 1. That Section 42-605, Idaho Code, be, and the same is hereby amended to read as follows:
42-605. DISTRICT MEETINGS -- WATERMASTER AND ASSISTANTS -- ELECTION -- REMOVAL -- OATH AND BOND -- ADVISORY COMMITTEE.
(1) There shall be held on the first Monday in March in each year, and, except as provided in subsection (2) of this section, commencing at two o'clock P.M., a meeting of all persons owning or having the use of a water right, in the waters of the stream or water supply comprising such district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources.
(2) Such meeting shall be held at some place within the water district, or at some nearby location convenient to a majority of those entitled to vote thereat, which place shall be designated by the director of the department of water resources. The director shall, at least twenty-one (21) days prior to the meeting date, send notification by regular mail to all persons, companies or corporations known by the director to hold rights to the use of the waters of such district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources, of the time, date, location and purpose of the annual meeting. At any annual meeting the water users may vote to waive the requirement for notice by mail and provide for notice to be given for future meetings by publication of the time, date, location and purpose of the meeting in a newspaper or newspapers in general circulation in the district. Published notice shall be made once per week for two (2) consecutive weeks with the second notice appearing at least fourteen (14) and not more than thirty (30) days prior to the meeting. In water districts whose area includes land in more than four (4) counties the annual meeting shall commence at ten o'clock A.M. instead of two o'clock P.M.: provided, that the water users of any water district may, by resolution adopted at an annual meeting or at a special meeting properly called for that purpose, change the time of day when the meeting shall commence or change the date for annual meetings in subsequent years to any day except Saturday and Sunday between the second Monday of January and the third Monday in March or change both the time and the date, in which case the director of the department of water resources shall send no tification at least twenty-one (21) days prior to said meeting date. At an annual meeting the water users may adopt resolutions to assure or improve the distribution of the waters of the district within state law, and may provide that such resolutions shall continue from year to year.
(3) At the meeting of the water users of a district there shall be elected a watermaster for such water district, who may be authorized to employ such other regular assistants as the water users shall deem necessary, and who, upon ppointment by the director of the department of water resources, shall be responsible for distribution of water within said water district. Notwithstanding any personnel classification assigned to the watermaster and assistants pursuant o the provisions of chapter 53, title 67, Idaho Code, the water users shall, prior to the election of such watermaster and approval of the employment of assistants, fix the compensation to be paid them during the time actually engaged in the performance of their duties.
(4) Voting shall be by majority vote of the water users present at the meeting unless one (1) or more water users requests voting using the procedure which follows in this subsection. In such case the meeting chairman shall appoint a credentials committee to determine the number of votes each water user present is authorized to cast. If requested, each person present, owning or having the use for the ensuing season of any water right in the stream or water supply comprising such water district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources, shall be entitled to a number of votes equal to the average annual dollar amount and any fraction thereof assessed for that person's qualifying water right for the previous five (5) years, or such lesser number of years as the right has been assessed. If a right has not previously been assessed, a person present, owning or having the use of the right for the ensuing season shall be entitled to a number of votes equal to the dollar amount and any fraction thereof which the right would have been assessed had it existed and been reasonably used when water was available under the priority of the right during the previous season.
(5) At such meeting the water users shall choose a meeting chairman and meeting secretary and shall determine the manner and method of electing the watermaster. The water users shall, at the annual meeting, provide for the water district treasurer functions in accordance with section 42-619, Idaho Code. Within five (5) days after such meeting the meeting chairman and meeting secretary shall forward a certified copy of the minutes of such meeting to the department of water resources. The meeting chairman, or the meeting secretary, if the meeting chairman is not present, from the immediately preceding annual meeting shall call the meeting to order and preside over the election of officers for the meeting.
(6) At such meeting the water users may choose an advisory committee to be composed of members selected as may be determined at the meeting, which committee shall serve as advisors to the director and the watermaster in matters pertaining to the distribution of water within the district. The advi50 sory committee may be authorized to carry out policies as set forth in resolutions duly adopted by the water users at the annual meeting or at a special meeting. The advisory committee may also serve as the local committee to facilitate the rental of stored water if appointed by the water resource board for such purpose under the provisions of section 42-1765, Idaho Code.
(7) A corporation or a water delivery organization, including, but not limited to a corporation, a water company, an irrigation district, an irrigation company or a canal company, shall be considered a person for the purpose of this section and shall cast its vote by someone to be designated bythe corporation.
(8) Should said meeting not be held, or should said watermaster not beelected or the watermaster's compensation not be fixed as above provided,then the director of the department of water resources is authorized to appoint a watermaster and fix the watermaster's compensation.
(9) The director of the department of water resources may remove any watermaster whenever such watermaster fails to perform the watermaster's duty, upon complaint in that respect being made to the director in writing, by one (1) person owning or having the right to the use of a water right in such district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources provided, that upon investigation the director, after a hearing with the other water users of said district, which shall be held in the district or at some location convenient to the water users of the district, finds such charge to be true, and the director may appoint a successor for the unexpired term.
(10) Before entering upon the duties of the watermaster's office, said watermaster shall take and subscribe to an oath before some officer authorized by the laws of the state to administer oaths, to faithfully perform the duties of the watermaster's office, as provided in section 42-607, Idaho Code, and shall file that oath with the department of water resources. Upon appointment by the director of the department of water resources, the actions taken by a watermaster in fulfillment of the duties of his office are covered by the state group surety bond as provided by sections 59-801 through 59-804, Idaho Code. A duly appointed watermaster that is reelected in consecutive years shall not be required to take and file additional oaths with the department of water resources for each consecutive year the watermaster is reelected. If a duly elected or appointed watermaster resigns, dies or is physically unable to perform his duties during the remainder of the elected or appointed watermaster term of service, then the director of the department of water resources is authorized to appoint a successor for the unex40 pired term as provided in paragraphs (a) and (b) of this subsection.
(a) If a water district advisory committee has been chosen as provided in subsection (6) of this section, the water district advisory committee shall meet to either nominate a successor watermaster or request a special meeting as provided in subsection (11) of this section to elect a new watermaster. Upon receipt of a nomination from a majority of the members of the water district advisory committee, the director of the department of water resources is authorized to appoint the nominated successor watermaster for the unexpired term.
(b) If a water district advisory committee has not been chosen, the director of the department of water resources is authorized to appoint a temporary successor watermaster. The temporary appointment extends through the unexpired term unless a special meeting is requested as provided in subsection (11) of this section and water users elect a new watermaster.
(11) The director shall call a special meeting of the water users of a district upon receipt of a written request for such meeting from a majority of the members of the advisory committee for a district, a written request from water users representing thirty percent (30%) or more of the votes cast at the last regular annual meeting, a written request from the watermaster or on the director's own motion if the director determines a meeting is necessary to address matters that cannot be delayed until the next regular annual meeting. Notice of the time, place and purpose of the special meeting shall be given by the director in the manner provided in subsection (2) of this section, provided however, that a special meeting notice shall be sent at least fourteen (14) days prior to the meeting date.
(12) The water users may, by resolution, authorize the watermaster to acquire, hold and dispose of such real and personal property, equipment and facilities in the name of the water district as necessary for the proper distribution of water, administration of the water district and enhancement of water supplies, and shall provide that all such real and personal property shall remain in the custody of the watermaster and the watermaster's successor.
(13) The water users may, by resolution, authorize the watermaster to develop, coordinate or provide, through contract or by other means, for weather modification projects involving cloud seeding that are designed to increase the water supplies of the water district by enhancing natural precipitation and which conform to state water planning objectives.
SECTION 2. That Section 42-612, Idaho Code, be, and the same is hereby amended to read as follows:
42-612. BUDGET OF WATER DISTRICT -- ADOPTION AND CONTENTS -- DEBT OF WATER USER.
(1) At any annual meeting the water users must adopt a budget covering the estimated expenses of delivering the water of the district for the ensuing year, and by resolution determine that the budget shall be collected. The compensation of the watermaster and the watermaster's assistants and any other expenses of delivering the water of the district to the users thereof, including the costs of the advisory committee in implementing resolutions adopted by the water users of the district for activities other than the payment of the salary and operating expenses of the watermaster and assistants, shall be paid in the manner hereinafter, in this section, provided.
(2) To the extent possible, funding for advisory committee expenses associated with implementing resolutions adopted by the water users for other than the payment of the salary and operating expenses of the watermaster and assistants shall come from funds available pursuant to section 42-613A, Idaho Code. If funds available pursuant to section 42-613A, Idaho Code, are not sufficient to cover expenses incurred in implementing resolutions adopted by the water users, then such expenses shall come from assessments.
(3) The budget shall show the aggregate amount to be collected from all the water users in the district, and the amount to be paid by each ditch, canal company, irrigation district or other water user. For the purpose of computing the respective amounts, to be paid by each water user, the water delivered to the various ditches, canal companies, irrigation districts or other users during the past season or seasons, not exceeding five (5) seasons, shall be used as a basis.
(4) Upon the adoption of the budget the amount payable by each ditch, canal company, irrigation district or other water user, as shown by the budget, shall become the debt of each respectively and shall become due and payable as hereinafter provided. Other provisions of chapter 6, title 42, Idaho Code, notwithstanding, water users may at the annual meeting by resolution provide for an annual minimum charge not to exceed two hundred fifty dollars ($250) per water user for watermaster services. The minimum charge is applicable whenever the prorated charge against any ditch, canal company, irrigation district or other water user is less than the minimum charge.
(5) Other provisions of chapter 6, title 42, Idaho Code, notwithstanding, water users at the annual meeting may provide, by resolution, that the respective amounts owed by each water user as shown in the adopted budget shall constitute a final determination of the amount due for that year with19 out the need to carry forward any water user debits or credits to the following year.
LEGISLATURE OF THE STATE OF IDAHO
Sixty-third Legislature
First Regular Session - 2015
IN THE SENATE
SENATE BILL NO. 1100
BY RESOURCES AND ENVIRONMENT COMMITTEE
AN ACT
RELATING TO WATER; AMENDING SECTION 42-605, IDAHO CODE, TO PROVIDE THAT UNDER SPECIFIED CONDITIONS A WATERMASTER MAY ACQUIRE, HOLD AND DISPOSE OF REAL AND PERSONAL PROPERTY, EQUIPMENT AND FACILITIES FOR THE PROPER ADMINISTRATION OF THE WATER DISTRICT AND ENHANCEMENT OF WATER SUPPLIES AND TO PROVIDE THAT UNDER SPECIFIED CONDITIONS A WATERMASTER MAY DEVELOP, COORDINATE OR PROVIDE FOR CERTAIN WEATHER MODIFICATION PROJECTS; AND AMENDING SECTION 42-612, IDAHO CODE, TO PROVIDE THAT IF SPECIFIED FUNDS ARE NOT SUFFICIENT TO COVER EXPENSES IN IMPLEMENTING CERTAIN RESOLUTIONS, SUCH EXPENSES SHALL COME FROM ASSESSMENTS AND TO MAKE A TECHNICAL CORRECTION.
Be It Enacted by the Legislature of the State of Idaho:
SECTION 1. That Section 42-605, Idaho Code, be, and the same is hereby amended to read as follows:
42-605. DISTRICT MEETINGS -- WATERMASTER AND ASSISTANTS -- ELECTION -- REMOVAL -- OATH AND BOND -- ADVISORY COMMITTEE.
(1) There shall be held on the first Monday in March in each year, and, except as provided in subsection (2) of this section, commencing at two o'clock P.M., a meeting of all persons owning or having the use of a water right, in the waters of the stream or water supply comprising such district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources.
(2) Such meeting shall be held at some place within the water district, or at some nearby location convenient to a majority of those entitled to vote thereat, which place shall be designated by the director of the department of water resources. The director shall, at least twenty-one (21) days prior to the meeting date, send notification by regular mail to all persons, companies or corporations known by the director to hold rights to the use of the waters of such district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources, of the time, date, location and purpose of the annual meeting. At any annual meeting the water users may vote to waive the requirement for notice by mail and provide for notice to be given for future meetings by publication of the time, date, location and purpose of the meeting in a newspaper or newspapers in general circulation in the district. Published notice shall be made once per week for two (2) consecutive weeks with the second notice appearing at least fourteen (14) and not more than thirty (30) days prior to the meeting. In water districts whose area includes land in more than four (4) counties the annual meeting shall commence at ten o'clock A.M. instead of two o'clock P.M.: provided, that the water users of any water district may, by resolution adopted at an annual meeting or at a special meeting properly called for that purpose, change the time of day when the meeting shall commence or change the date for annual meetings in subsequent years to any day except Saturday and Sunday between the second Monday of January and the third Monday in March or change both the time and the date, in which case the director of the department of water resources shall send no tification at least twenty-one (21) days prior to said meeting date. At an annual meeting the water users may adopt resolutions to assure or improve the distribution of the waters of the district within state law, and may provide that such resolutions shall continue from year to year.
(3) At the meeting of the water users of a district there shall be elected a watermaster for such water district, who may be authorized to employ such other regular assistants as the water users shall deem necessary, and who, upon ppointment by the director of the department of water resources, shall be responsible for distribution of water within said water district. Notwithstanding any personnel classification assigned to the watermaster and assistants pursuant o the provisions of chapter 53, title 67, Idaho Code, the water users shall, prior to the election of such watermaster and approval of the employment of assistants, fix the compensation to be paid them during the time actually engaged in the performance of their duties.
(4) Voting shall be by majority vote of the water users present at the meeting unless one (1) or more water users requests voting using the procedure which follows in this subsection. In such case the meeting chairman shall appoint a credentials committee to determine the number of votes each water user present is authorized to cast. If requested, each person present, owning or having the use for the ensuing season of any water right in the stream or water supply comprising such water district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources, shall be entitled to a number of votes equal to the average annual dollar amount and any fraction thereof assessed for that person's qualifying water right for the previous five (5) years, or such lesser number of years as the right has been assessed. If a right has not previously been assessed, a person present, owning or having the use of the right for the ensuing season shall be entitled to a number of votes equal to the dollar amount and any fraction thereof which the right would have been assessed had it existed and been reasonably used when water was available under the priority of the right during the previous season.
(5) At such meeting the water users shall choose a meeting chairman and meeting secretary and shall determine the manner and method of electing the watermaster. The water users shall, at the annual meeting, provide for the water district treasurer functions in accordance with section 42-619, Idaho Code. Within five (5) days after such meeting the meeting chairman and meeting secretary shall forward a certified copy of the minutes of such meeting to the department of water resources. The meeting chairman, or the meeting secretary, if the meeting chairman is not present, from the immediately preceding annual meeting shall call the meeting to order and preside over the election of officers for the meeting.
(6) At such meeting the water users may choose an advisory committee to be composed of members selected as may be determined at the meeting, which committee shall serve as advisors to the director and the watermaster in matters pertaining to the distribution of water within the district. The advi50 sory committee may be authorized to carry out policies as set forth in resolutions duly adopted by the water users at the annual meeting or at a special meeting. The advisory committee may also serve as the local committee to facilitate the rental of stored water if appointed by the water resource board for such purpose under the provisions of section 42-1765, Idaho Code.
(7) A corporation or a water delivery organization, including, but not limited to a corporation, a water company, an irrigation district, an irrigation company or a canal company, shall be considered a person for the purpose of this section and shall cast its vote by someone to be designated bythe corporation.
(8) Should said meeting not be held, or should said watermaster not beelected or the watermaster's compensation not be fixed as above provided,then the director of the department of water resources is authorized to appoint a watermaster and fix the watermaster's compensation.
(9) The director of the department of water resources may remove any watermaster whenever such watermaster fails to perform the watermaster's duty, upon complaint in that respect being made to the director in writing, by one (1) person owning or having the right to the use of a water right in such district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources provided, that upon investigation the director, after a hearing with the other water users of said district, which shall be held in the district or at some location convenient to the water users of the district, finds such charge to be true, and the director may appoint a successor for the unexpired term.
(10) Before entering upon the duties of the watermaster's office, said watermaster shall take and subscribe to an oath before some officer authorized by the laws of the state to administer oaths, to faithfully perform the duties of the watermaster's office, as provided in section 42-607, Idaho Code, and shall file that oath with the department of water resources. Upon appointment by the director of the department of water resources, the actions taken by a watermaster in fulfillment of the duties of his office are covered by the state group surety bond as provided by sections 59-801 through 59-804, Idaho Code. A duly appointed watermaster that is reelected in consecutive years shall not be required to take and file additional oaths with the department of water resources for each consecutive year the watermaster is reelected. If a duly elected or appointed watermaster resigns, dies or is physically unable to perform his duties during the remainder of the elected or appointed watermaster term of service, then the director of the department of water resources is authorized to appoint a successor for the unex40 pired term as provided in paragraphs (a) and (b) of this subsection.
(a) If a water district advisory committee has been chosen as provided in subsection (6) of this section, the water district advisory committee shall meet to either nominate a successor watermaster or request a special meeting as provided in subsection (11) of this section to elect a new watermaster. Upon receipt of a nomination from a majority of the members of the water district advisory committee, the director of the department of water resources is authorized to appoint the nominated successor watermaster for the unexpired term.
(b) If a water district advisory committee has not been chosen, the director of the department of water resources is authorized to appoint a temporary successor watermaster. The temporary appointment extends through the unexpired term unless a special meeting is requested as provided in subsection (11) of this section and water users elect a new watermaster.
(11) The director shall call a special meeting of the water users of a district upon receipt of a written request for such meeting from a majority of the members of the advisory committee for a district, a written request from water users representing thirty percent (30%) or more of the votes cast at the last regular annual meeting, a written request from the watermaster or on the director's own motion if the director determines a meeting is necessary to address matters that cannot be delayed until the next regular annual meeting. Notice of the time, place and purpose of the special meeting shall be given by the director in the manner provided in subsection (2) of this section, provided however, that a special meeting notice shall be sent at least fourteen (14) days prior to the meeting date.
(12) The water users may, by resolution, authorize the watermaster to acquire, hold and dispose of such real and personal property, equipment and facilities in the name of the water district as necessary for the proper distribution of water, administration of the water district and enhancement of water supplies, and shall provide that all such real and personal property shall remain in the custody of the watermaster and the watermaster's successor.
(13) The water users may, by resolution, authorize the watermaster to develop, coordinate or provide, through contract or by other means, for weather modification projects involving cloud seeding that are designed to increase the water supplies of the water district by enhancing natural precipitation and which conform to state water planning objectives.
SECTION 2. That Section 42-612, Idaho Code, be, and the same is hereby amended to read as follows:
42-612. BUDGET OF WATER DISTRICT -- ADOPTION AND CONTENTS -- DEBT OF WATER USER.
(1) At any annual meeting the water users must adopt a budget covering the estimated expenses of delivering the water of the district for the ensuing year, and by resolution determine that the budget shall be collected. The compensation of the watermaster and the watermaster's assistants and any other expenses of delivering the water of the district to the users thereof, including the costs of the advisory committee in implementing resolutions adopted by the water users of the district for activities other than the payment of the salary and operating expenses of the watermaster and assistants, shall be paid in the manner hereinafter, in this section, provided.
(2) To the extent possible, funding for advisory committee expenses associated with implementing resolutions adopted by the water users for other than the payment of the salary and operating expenses of the watermaster and assistants shall come from funds available pursuant to section 42-613A, Idaho Code. If funds available pursuant to section 42-613A, Idaho Code, are not sufficient to cover expenses incurred in implementing resolutions adopted by the water users, then such expenses shall come from assessments.
(3) The budget shall show the aggregate amount to be collected from all the water users in the district, and the amount to be paid by each ditch, canal company, irrigation district or other water user. For the purpose of computing the respective amounts, to be paid by each water user, the water delivered to the various ditches, canal companies, irrigation districts or other users during the past season or seasons, not exceeding five (5) seasons, shall be used as a basis.
(4) Upon the adoption of the budget the amount payable by each ditch, canal company, irrigation district or other water user, as shown by the budget, shall become the debt of each respectively and shall become due and payable as hereinafter provided. Other provisions of chapter 6, title 42, Idaho Code, notwithstanding, water users may at the annual meeting by resolution provide for an annual minimum charge not to exceed two hundred fifty dollars ($250) per water user for watermaster services. The minimum charge is applicable whenever the prorated charge against any ditch, canal company, irrigation district or other water user is less than the minimum charge.
(5) Other provisions of chapter 6, title 42, Idaho Code, notwithstanding, water users at the annual meeting may provide, by resolution, that the respective amounts owed by each water user as shown in the adopted budget shall constitute a final determination of the amount due for that year with19 out the need to carry forward any water user debits or credits to the following year.