SB 430

Bill Subjects

Abstract

Allows a conservancy district to be established as a "reservoir conservancy district" if: (1) the conservancy district will be established for certain purposes; (2) the boundaries will encompass part or all of a reservoir located partly within a consolidated city; and (3) at least 25% of the surface of the reservoir is owned by a utility governed by a board of directors for utilities of a consolidated city. Requires the board of directors of a reservoir conservancy district and the utility that owns the reservoir (utility owner) to enter into an operating agreement that describes all works of improvement and maintenance that the reservoir conservancy district proposes to perform. Requires that all such works be approved by the utility owner before the work begins. Provides that a reservoir conservancy district has all of the powers granted to other conservancy districts with certain exceptions, including: (1) a reservoir conservancy district does not have the power of eminent domain; and (2) the utility owner is exempt from all assessments, taxes, and fees imposed by the reservoir conservancy district. Imposes a limit on the special benefits tax levy of a reservoir conservancy district. Authorizes a reservoir conservancy district to impose and collect fees for the recreational use of watercraft on the reservoir, but provides that a one year use fee for a nonresident may not be 50% greater than the one year use fee for a resident, and that a one-day use fee may not exceed 17% of a one year use fee. Authorizes a reservoir conservancy district to establish rules concerning safety and resource conservation but provides that the rules shall not interfere with state rules or with the use of the reservoir for water supply purposes, shall not impair the commercial license of the commercial licensee of the utility owner, and shall not discourage uses of the reservoir for activities allowed under the fish and wildlife laws. Authorizes a reservoir conservancy district to: (1) install catch basins and filtration systems; (2) implement erosion control measures; (3) dredge; and (4) take other actions; with authorization from state and federal agencies. Provides that the utility owner has sole authority to control the water level and water quality of the reservoir. Provides that, except in a case of intentional or willful and wanton misconduct, the utility owner is not liable for any personal injury, death, property damage, or other loss that an individual incurs while present on or in the reservoir. Includes provisions concerning the potential civil liability of the utility owner, the state, the reservoir conservancy district, and owners of property located in a reservoir conservancy district for personal injury, death, or property damage occurring within the reservoir conservancy district.