2001 REGULAR SESSION (71st)                                                                            A AB468 364

Amendment No. 364

 

Assembly Amendment to Assembly Bill No. 468                                                              (BDR 48‑1273)

Proposed by: Committee on Natural Resources, Agriculture, and Mining

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:               Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 1, by deleting lines 2 and 3 and inserting:

     “533.438  1.  [If an application or applications] Except as otherwise provided in subsection 4, if an appropriation of ground water pursuant to a permit to appropriate ground water [would result] results in”.

     Amend section 1, page 1, line 5, by deleting “to be” and inserting “[to be]”.

     Amend section 1, pages 1 and 2, by deleting lines 10 through 17 on page 1 and line 1 on page 2, and inserting:

“shall notify the state engineer in writing of its intent to impose the tax. The state engineer shall review the notice of intent to impose the tax to determine:

     (a) Whether the appropriation of ground water pursuant to the permit specified in subsection 1 results in a transfer to and beneficial use of water in a county in this state other than the county of origin or in another state; and

     (b) The amount of water, if any, that is:

          (1) Subject to the proposed tax because of that transfer and beneficial use; or

          (2) Not subject to the proposed tax pursuant to subsection 4.

     3.  Within 30 days after reviewing the notice of intent to impose the tax, the state engineer”.

     Amend section 1, page 2, line 2, after “send” by inserting “a”.

     Amend section 1, page 2, by deleting line 4 and inserting:

“ground water pursuant to the permit results in a transfer to and beneficial use of water in a county in this state”.

     Amend section 1, page 2, line 6, by deleting “will be” and inserting “is”.

     Amend section 1, page 2, by deleting lines 10 and 11 and inserting:

“appropriated and beneficially used pursuant to a permit to appropriate ground water which is issued for a point of diversion and a place of beneficial use in the county of origin and which, after the water is diverted and beneficially used, is discharged or migrates into a”.