ID S1223

Changes district board authority from "shall" to "may" when contracting with nonmember ground water users for mitigation plan participation, making such contracts discretionary rather than mandatory.

Removes the provision that nonmembers deemed participants by statute are automatically subject to proportional cost sharing, eliminating Section 42-5259(2) which addressed legislatively-mandated nonmember participation.

Retains district board authority to collect payments from contracting nonmembers for their proportional share of mitigation plan development and implementation costs, either as upfront payments or reasonable annual surcharges.

Requires district boards to evaluate nonmember contract requests based on whether the mitigation plan will be effective for that nonmember and will not impair effectiveness for existing district members.

Allows district boards to require nonmembers to provide security for payment of assessments and charges, and permits civil action to collect unpaid costs plus interest and reasonable attorney's fees.