H.B. No. 0018 |
Notification of public land tenants-water rights changes. |
Sponsored By: Joint Agriculture, State and Public Lands and Water Resources Interim Committee
AN ACT relating to water; modifying requirements to notify tenants occupying or utilizing state or public lands when a change in use related to water rights occurs; requiring consent of tenant to change in use; providing for hearings; and providing for an effective date.
1/4/2012 Bill Number Assigned
2/13/2012 H Received for Introduction
2/13/2012 H Introduced and Referred to H05
ROLL CALL
Ayes: Representative(s) Berger, Blikre, Bonner, Botten, Brechtel, Brown, Buchanan, Burkhart, Campbell, Cannady, Childers, Davison, Edmonds, Eklund, Esquibel, K., Gingery, Greear, Greene, Harshman, Harvey, Hunt, Illoway, Jaggi, Kasperik, Kroeker, Krone, Lockhart, Loucks, Lubnau, Madden, McOmie, Miller, Moniz, Nicholas, B., Patton, Peasley, Pedersen, Petersen, Quarberg, Reeder, Roscoe, Semlek, Steward, Stubson, Teeters, Throne, Vranish, Wallis and Zwonitzer, Dv.
Nays: Representative(s) Barbuto, Blake, Byrd, Connolly, Craft, Freeman, Gay, Goggles, McKim, Petroff and Zwonitzer, Dn.
Ayes 49 Nays 11 Excused 0 Absent 0 Conflicts 0
2/21/2012 H05 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Blake, Campbell, Davison, Eklund, Hunt, Loucks, Moniz and Semlek
Nays: Representative(s) Zwonitzer, Dn.
Ayes 8 Nays 1 Excused 0 Absent 0 Conflicts 0
2/21/2012 H Placed on General File
HB0018HS001/ADOPTED
Page 1-line 10 Delete second "and" insert ","; after "(e)(intro)" insert "(f),".
Page 2-line 4 After "land," insert "and the petitioner is the state or public land agency,".
Page 2-line 7 After "." insert "The petitioner shall provide to the state engineer in writing a list of all affected tenants from whom the petitioner has failed to secure consent. The state engineer shall notify all such tenants of their right to request a hearing as provided for in subsection (d) of this section".
Page 2-line 9 Delete "other".
Page 3-line 20 Delete "other"; after "land," insert "and the petitioner is the state or public land agency,".
Page 3-line 24 After "." insert "The petitioner shall provide to the state engineer in writing a list of all affected tenants from whom the petitioner has failed to secure consent.".
Page 4-After line 8 Insert:
(f) The state engineer or the superintendent shall set a hearing on the petition and give thirty (30) days notice by registered mail of the time and place of the hearing to the petitioner and any owners of appropriations which divert between the old and new points of diversion and any owners or users of ditches or facilities to be affected by the proposed change and to any non-consenting tenants under subsection (c) of this section. The petitioner shall provide the superintendent with a record of the proceedings which shall be transmitted to the state board of control with the superintendent's report. The state board of control or the state engineer may make such other regulations as may be found necessary. No petition shall be granted if the right of other appropriators will be injuriously affected. The attorney general shall represent the state board of control or the state engineer in any appeal.
Page 5-line 9 Delete "other".
Page 5-line 10 After "appropriation" insert ", when the holder is the state or public land agency,".
Page 5-line 13 Delete "In the".
Page 5-lines 14 and 15 Delete entirely; insert "The holder shall provide to the state engineer in writing a list of all affected tenants from whom the holder has failed to secure consent. The state engineer shall notify all such tenants of their right to request a hearing as provided in subsection (b) of this section.".
Page 7-line 18 Delete "other".
Page 8-line 1 Delete "other". SEMLEK, CHAIRMAN.
2/24/2012 H Passed CoW
HB0018H2001/ADOPTED
Page 2-line 15 After "include" insert "but not be limited to". STUBSON, JAGGI
2/27/2012 H Passed 2nd Reading
HB0018H3001/ADOPTED
Page 2-line 4 Delete the Standing Committee amendment (HB0018HS001/A) to this line; after "land" insert "and the petitioner is a state or public land management agency".
Page 3-line 20 Delete the Standing Committee amendment (HB0018HS001/A) to this line; delete "other"; after "land" insert "and the petitioner is a state or public land management agency".
Page 5-line 10 Delete the Standing Committee amendment (HB0018HS001/A) to this line; after "appropriation" insert ", if a state or public land management agency,".
Page 7-line 15 After "a" insert "state or". STEWARD
2/28/2012 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Barbuto, Berger, Blake, Blikre, Bonner, Botten, Brown, Buchanan, Burkhart, Byrd, Campbell, Cannady, Connolly, Craft, Edmonds, Eklund, Freeman, Gingery, Greear, Greene, Harshman, Harvey, Hunt, Illoway, Jaggi, Kasperik, Kroeker, Krone, Lockhart, Loucks, Lubnau, Madden, McOmie, Miller, Moniz, Nicholas, B., Patton, Peasley, Pedersen, Petersen, Petroff, Quarberg, Roscoe, Semlek, Stubson, Teeters, Vranish, Wallis and Zwonitzer, Dv.
Nays: Representative(s) Brechtel, Childers, Esquibel, K., Gay, McKim, Steward, Throne and Zwonitzer, Dn.
Excused: Representative(s) Davison, Goggles and Reeder
Ayes 49 Nays 8 Excused 3 Absent 0 Conflicts 0
2/29/2012 S Received for Introduction
2/29/2012 S Introduced and Referred to S05; No Report Prior to CoW Cutoff
3/2/2012 S05 Motion to Do Pass Failed
ROLL CALL
Ayes: Senator(s) Bebout and Geis
Nays: Senator(s) Driskill, Emerich and Hicks
Ayes 2 Nays 3 Excused 0 Absent 0 Conflicts 0
3/7/2012 S Committee Returned Bill Pursuant to SR 7-3(c)