NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Coll

 

DATE TYPED:

1/28/03

 

HB

132

 

SHORT TITLE:

Water Rights Litigation Fund

 

SB

 

 

 

ANALYST:

Chabot

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

$565.0

 

 

Non-Recurring

New Fund -Water Rights Litigation Fund

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

 

REVENUE

 

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

 

 

 

 

($565.0)

 

Non-Recurring

General Fund

 

$565.0

 

Non-Recurring

New Fund - Water Rights Litigation Fund

 

 

 

 

 

(Parenthesis ( ) Indicate Revenue Decreases)

 

SOURCES OF INFORMATION

 

LFC Files

 

No Responses Received From

Administrative Office of the Courts

Office of the State Engineer

 

 

 

 

 

 

SUMMARY

 

     Synopsis of Bill

 

House Bill 132 appropriates $565.0 from the general fund to the Water Rights Litigation Fund created by this bill which will be managed by the Administrative Office of the Courts for the purpose of paying expenses incurred by district courts in the adjudication of water rights.

 

     Significant Issues

 

Adjudication of water rights cases take considerable time and are costly.  This bill will help address some of the costs incurred by the court system.

 

FISCAL IMPLICATIONS

 

The appropriation of $565.0 contained in this bill is a non-recurring expense to the general fund. Any unexpended or unencumbered balance remaining in the Water Rights Litigation Fund at the end of 2004 or succeeding fiscal years will not revert.

 

TECHNICAL ISSUES

 

Section 1 provides for payment of expenses directly from the fund.  Usually, agencies are required to request budget adjustment authority to move revenue from a fund to operating budget for expenditure.  In a limited number of funds, direct expense is authorized.  Is direct expense intended?

 

POSSIBLE QUESTIONS

 

  1. Why is a special fund for water rights litigation expenses required ?  Why not include water rights adjudication expenses in the operating budget of the district courts ?

 

GAC/ls