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<br />10 <br />o <br /> <br />..) <br />WATER LEGISLA~IVE REPORT <br /> <br />~.... <br />t,~ <br />en <br />o <br /> <br />July 16, 1996 <br /> <br />Authorizep the state personnel board to adopt rules providing for the <br />use of affirn\ative action remedies within the state personnel system. <br />Directs that s~ch rules shall apply only where the following conditions exist <br />with reference to appointments for promotions within a division of a <br />principal department in the state personnel system: Discrimination has <br />occurred and there continue to be present-day effects of that discrimination; <br />the affirmative action remedies are necessary to eliminate the present-day <br />effects of the prior discrimination; the remedies are narrowly tailored to <br />further the governmental interest in remedying such discrimination; the <br />remedies are used only to the extent, and only for the duration, necessary to <br />eliminate the. present-day effects of the prior discrimination; and the <br />remedies employ race-neutral methods .where possible. Repeals the authority <br />to adopt rules on affirmative action, effective July I, 1997. <br /> <br />Provides that the recommendations of the committee on legal services as <br />reflected in the act apply to the specified rules in the form in which the <br />rules were cons~dered and acted upon by the committee and that any subsequent <br />amendments or dther changes to the rules are not affected by the act. <br /> <br />APPROVED by Governor May 15, 1996 <br /> <br />EFFECTIVE May 15, 1996 <br /> <br />H.B. 96-1029 Financed entity - public records - public inspection. Defines <br />"local government-financed entity" as an entity whose membership consists of <br />political subdivisions and that receives any of its annual budget from <br />political subdivisions. Requires such an entity to make information <br />available to the public regarding the membership of the entity, the <br />compensation paid by the entity, the budget of the entity, the names of <br />persons lobbying on behalf of the entity, and amounts expended by the entity <br />for lobbying. Specifies that all writings containing such information are <br />subject to the public records law. <br /> <br />APPROVED by Governor April 8, 1996 <br /> <br />EFFECTIVE April 8, 1996 <br /> <br />B.B. 96-1044 Ground water - well permits - procedure in water court _ <br />reports bY state enaineer. Exempts wells in the Dakota aquifer from the <br />general requirement that no new wells be constructed nor existing wells <br />expanded outside the boundaries of a designated ground water basin without a <br />permit from the,state engineer. Allows an applicant for a water right or <br />change of water right to proceed in water court without first applying to the <br />state engineer ~or a well permit and having it issued, denied, or not acted <br />upon for 6 mont~s, but in lieu of such requirement, imposes a requirement <br />that the water court receive and consider a written consultation report on <br />the application. prepared by the state engineer or division engineer. <br />Requires the water court to grant a decree unless construction and use of the <br />proposed well will injuriously affect users of water under a vested water <br />right or decreed. conditional water right. Gives presumptive effect to <br />findings of fact, contained in the consultation report except in cases in <br />