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ID S1056

Bill

Status

Passed

3/29/2019

Primary Sponsor

Resources and Environment Committee

Click for details

Origin

Senate

2019 Regular Session

AI Summary

  • Repeals existing Section 42-5244 and creates new Section 42-5244A authorizing ground water district boards to apportion mitigation plan obligations among district members based on authorized water diversion quantities or irrigated acreage ratios.

  • Allows boards to adjust member shares based on priority date, consumptive use, and other attributes of ground water rights, unless mitigation benefits all members equally.

  • Permits nonirrigators who are district members or have appurtenant rights within a district to propose separate mitigation plans to the director and receive credits toward the district's mitigation obligation if approved and implemented.

  • Creates Section 42-5244B establishing that water users delinquent on assessments or noncompliant with apportioned mitigation obligations cannot divert ground water until full payment or compliance is achieved.

  • Grants the director authority to order water master curtailment of ground water diversions upon finding the district reasonably apportioned assessments or mitigation obligations, with affected parties entitled to a hearing; enforcement begins January 1, 2020, and does not apply to delinquencies or noncompliance prior to April 1, 2019.

Legislative Description

Repeals and adds to existing law to provide for the apportionment of mitigation plan obligations and separate mitigation plans by nonirrigators, to provide for delinquent assessments and noncompliance with apportionment of mitigation plan obligations, to provide for action by the director, and to provide for hearings.

GROUND WATER DISTRICTS

Last Action

Session Law Chapter 261 Effective: 04/01/2019

3/29/2019

Committee Referrals

Resources and Conservation3/13/2019
Resources and Environment2/8/2019
Judiciary and Rules2/7/2019

Full Bill Text

No bill text available