2005 Idaho Code - 42-605A — NONCONSUMPTIVE WATER RIGHTS -- ASSESSMENTS -- VOTING

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 6
                            DISTRIBUTION OF WATER
                             AMONG APPROPRIATORS
    42-605A.  NONCONSUMPTIVE WATER RIGHTS -- ASSESSMENTS -- VOTING. (1)
Notwithstanding other provisions of this chapter, the setting of annual water
district assessments and the voting of permitted, licensed and decreed water
rights administered by the watermaster solely for nonconsumptive purposes
shall be determined in accordance with the provisions of this section. For
purposes of this chapter, a water right is nonconsumptive if so designated by
provisions of the permit or license issued by the department of water
resources, or otherwise so designated by the director, or by decree of the
court allowing use of the right to continue when the diversion of earlier
priority water rights from the same source has been reduced or stopped by
action of the watermaster.
    (2)  A nonconsumptive water right is subject to the provisions of this
section if water is taken into man-made facilities for beneficial use whether
or not the water leaves the river or stream channel. Instream flow water
rights held in the name of governmental entities or agencies for the
protection of fish and wildlife habitat, aquatic life, recreation, aesthetic
beauty, transportation and navigation values, and water quality shall be
exempt from the payment of assessments and the rights shall not be voted. The
procedure for collection and payment of the assessments shall be the same as
used for consumptive water rights under this chapter.
    (3)  In preparing the next year's budget, the watermaster shall determine
an assessment for the ensuing year for each water right used solely for
nonconsumptive  purposes. The assessment shall be sufficient to pay the
additional costs and expenses for watermaster services for data collection,
water measurement, delivery of water, and record keeping directly attributable
to delivery of the water right.
    (4)  The assessment shall not become final until adopted as part of the
water district budget at the annual meeting of water users in accordance with
section  42-612, Idaho Code. The assessment shall not exceed an amount
necessary to pay for watermaster services associated with the nonconsumptive
right. Nothing in this section shall affect the right, under section 42-612,
Idaho Code, of the water users at the annual meeting to provide by resolution
for a minimum charge for watermaster services, except as to those instream
flow rights exempt from the payment of assessments under this section.
    (5)  The holder of a water right assessed under the provisions of this
section who desires to contest the amount of an assessment for a
nonconsumptive water right shall file a written petition with the director of
the department of water resources stating the grounds for contesting the
assessment and requesting a hearing. The petition must be filed with the
director within thirty (30) days after the billing is mailed to the holder of
the water right as provided in section 42-613 or 42-618, Idaho Code. The
hearing before the director and any judicial review thereof shall be in
accordance with the provisions of section 42-1701A, Idaho Code. The filing of
a petition under this section shall not relieve the holder of a nonconsumptive
water right from the obligation to pay the assessment when due and payable.
The amount of any excessive or deficient assessment determined by a final
order of the director shall be credited or collected in the succeeding year in
the manner provided under section 42-606, Idaho Code.
    (6)  At water district meetings, each person present holding a water right
used solely for nonconsumptive purposes shall be entitled to a number of votes
equal to the average dollar amount and any fraction thereof assessed in
accordance with subsection (3) of this section for that person's qualifying
nonconsumptive water right for the previous five (5) years, or such lesser
number of years as the right has been assessed in accordance with subsection
(3) of this section. If a nonconsumptive right has not been assessed in
previous years using subsection (3) of this section, 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 is assessed under subsection (3) of this section for the ensuing season.