FIFTIETH LEGISLATURE

FIRST SESSION, 2011

February 21, 2011

Mr. Speaker:

    Your AGRICULTURE AND WATER RESOURCES COMMITTEE, to whom has been referred

HOUSE BILL 505

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

     1. On page 2, lines 16 through 21, strike the underscored language.

     2. On page 3, lines 1 through 3, strike the underscored language.

     3. On page 3, between lines 3 and 4, insert a new subsection to read:

          "C. In the case of a ditch or acequia where there is no mayordomo or commission, or irrigation or conservancy district with control of the ditch or acequia, an affected person may file a civil complaint in magistrate or metropolitan court seeking a civil penalty not to exceed five thousand dollars ($5,000) for knowingly, intentionally or willfully violating the provisions of Subsection A of this section in the county where the violation occurred. Nothing in this section shall preclude any party from exercising any other remedies provided by law.".

     4. Reletter the succeeding subsections accordingly.,

and thence referred to the JUDICIARY COMMITTEE.