Irrigation districts, lands
IRRIGATION DISTRICTS – Amends existing law to revise provisions regarding irrigation district lands.

RS31168 / S1337

Current Idaho law mandates that an irrigation district take a tax deed to property when assessments are 3 years delinquent. This legislation addresses two issues relating to delinquent irrigation district assessments:

1. This legislation provides a process for handling surplus proceeds. Under current law, property acquired through tax deed may be sold to satisfy the delinquency. There are no provisions for handling the surplus proceeds. A recent United States Supreme Court decision held that taking and selling a property to satisfy a debt to the government, and keeping the surplus as a windfall, violates the Takings Clause unless there is a process, including notice, to claim any surplus/excess funds.

2. The legislation provides options for irrigation districts. Under current law, an irrigation district must take a tax deed to resolve delinquencies. These amendments provide options for irrigation districts in the recovery of delinquent assessments, including (i) taking a tax deed; (ii) continuing to assess the property; or (iii) removing the water from land.

This legislation will have no impact on the state’s General fund or any dedicated fund or federal fund, because it does not affect the operations or activities of any state agency.

Bill Events
Date Description
02/12 Introduced; read first time; referred to JR for Printing
02/13 Reported Printed; referred to Resources & Environment
02/26 Reported out of committee; to 14th Order for amendment
02/28 Placed in the Committee of the Whole
02/28 Reported out without recommendation, as amended
02/28 Amendments ordered printed; referred for engrossment
02/28 Amendments reported printed
02/28 Reported engrossed, filed for first reading, as amended
02/28 Read first time as amended, filed for Second Reading
02/29 Read second time as amended, filed for Third reading
03/05 Retained on calendar
03/06 Retained on calendar
03/07 Read third time in full as amended – PASSED - 31-0-4
AYES – Adams, Anthon, Bernt, Bjerke, Carlson, Cook, Den Hartog, Foreman, Guthrie, Harris, Hart, Hartgen, Herndon, Just, Lakey, Lee, Lenney, Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Schroeder, Semmelroth, Taylor, Toews, Trakel, VanOrden, Winder, Wintrow, Zuiderveld
NAYS – None
Absent and excused – Burtenshaw, Grow, Lent, Ward-Engelking
Floor Sponsor - Schroeder
Title apvd - to House
03/07 Received from the Senate, Filed for First Reading
03/07 Read First Time, Referred to Resources & Conservation
03/12 Reported out of Committee with Do Pass Recommendation, Filed for Second Reading
03/13 Read second time; Filed for Third Reading
03/14 Read Third Time in Full – PASSED - 67-1-2
AYES – Achilles, Alfieri, Allgood, Andrus, Barbieri, Berch, Blanksma, Boyle, Bundy, Burns, Cannon, Cheatum, Chew(Beazer), Clow, Cornilles, Crane(12), Crane(13), Dixon(1), Dixon(24), Durrant, Ehardt, Ehlers, Erickson, Furniss, Gallagher, Garner, Green, Handy, Hawkins, Healey, Hill, Holtzclaw, Horman, Kingsley, Lambert, Lanting, Manwaring, Mathias, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Necochea, Nelsen, Palmer, Petzke, Pickett, Price, Raybould, Raymond, Redman, Roberts, Rubel, Sauter, Scott, Skaug, Tanner, Vander Woude, Weber, Wheeler, Wisniewski, Wroten, Yamamoto, Young, Mr. Speaker
NAYS – Gannon
Absent – Galaviz, Shepherd
Floor Sponsor - Mickelsen
Title apvd - to Senate
03/15 Returned From House Passed; referred to enrolling
03/18 Reported enrolled; signed by President; to House for signature of Speaker
03/19 Received from Senate; Signed by Speaker; Returned to Senate
03/19 Reported signed by the Speaker & ordered delivered to Governor
03/20 Reported delivered to Governor at 4:52 p.m. on 03/19/24
03/25 Signed by Governor on 03/22/24
Session Law Chapter 157
Effective: 07/01/2024