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ID S1099

Bill

Status

Passed

3/20/2015

Primary Sponsor

Resources and Environment Committee

Click for details

Origin

Senate

2015 Regular Session

AI Summary

  • Revises section 42-1301 to clarify that three or more parties owning or possessing land with appurtenant water rights receiving water from the same point of delivery through the same lateral or ditch must constitute a lateral water users' association.

  • Amends section 42-1303 to place operation, improvement, repair and maintenance of laterals and ditches under the direction of association directors, and requires directors and lateral manager to examine laterals and prepare cost estimates following the annual meeting.

  • Creates section 42-1311 establishing that assessments against water users, including penalties and interest, constitute a lien on the water user's land entitled to receive water from the association's lateral or ditch, with liens recorded and collected according to homeowner association lien procedures and enforceable for up to three years, extendable for an additional three years.

  • Creates section 42-1312 allowing water users to withdraw from the association by providing written notice and proof that their land no longer receives water from the association's water source, with withdrawal not affecting previously recorded liens.

  • Creates section 42-1313 defining "water user" as any person or entity owning or possessing land entitled to receive water from the point of delivery or diversion supplying the association's lateral or ditch.

Legislative Description

Amends and adds to existing law to revise conditions under which parties constitute a lateral water users' association; to provide that the operation, improvement, repair and maintenance of certain laterals and ditches shall be under the direction of the directors of the lateral water users' association, to revise provisions relating to the examination of laterals and ditches and preparation of estimates of total costs, to revise provisions relating to assessment of water users; to provide that assessments shall be a lien upon certain lands of a water user, to provide for the recording, collection and duration of liens, to provide for priority of certain liens; and to provide a procedure for withdrawal from a lateral water users' association.

IRRIGATION

Last Action

Signed by Governor on 03/20/15 Session Law Chapter 80 Effective: 07/01/2015

3/20/2015

Committee Referrals

Judiciary and Rules2/16/2015

Full Bill Text

No bill text available