[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1441 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1441

To amend the Internal Revenue Code of 1986 to facilitate water leasing 
      and water transfers to promote conservation and efficiency.


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                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2013

 Mr. Bennet (for himself and Mr. Crapo) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to facilitate water leasing 
      and water transfers to promote conservation and efficiency.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water and Agriculture Tax Reform Act 
of 2013''.

SEC. 2. FACILITATE WATER LEASING AND WATER TRANSFERS TO PROMOTE 
              CONSERVATION AND EFFICIENCY.

    (a) In General.--Paragraph (12) of section 501(c) of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
subparagraph:
                    ``(I) Treatment of mutual ditch irrigation 
                companies.--
                            ``(i) In general.--In the case of a mutual 
                        ditch or irrigation company or like 
                        organization, subparagraph (A) shall be applied 
                        without taking into account any income received 
                        or accrued--
                                    ``(I) from the sale, lease, or 
                                exchange of fee or other interests in 
                                real property, including interests in 
                                water,
                                    ``(II) from the sale or exchange of 
                                stock in a mutual ditch or irrigation 
                                company or like organization or 
                                contract rights for the delivery or use 
                                of water, or
                                    ``(III) from the investment of 
                                proceeds from sales, leases, or 
                                exchanges under subclauses (I) and 
                                (II),
                        except that any income received under subclause 
                        (I), (II), or (III) which is distributed or 
                        expended for expenses (other than for 
                        operations, maintenance, and capital 
                        improvements) of the mutual ditch or irrigation 
                        company or like organization shall be treated 
                        as nonmember income in the year in which it is 
                        distributed or expended. For purposes of the 
                        preceding sentence, expenses (other than for 
                        operations, maintenance, and capital 
                        improvements) include expenses for the 
                        construction of conveyances designed to deliver 
                        water outside of the mutual ditch or irrigation 
                        company or like organization system.
                            ``(ii) Treatment of organizational 
                        governance.--In the case of a mutual ditch or 
                        irrigation company or like organization, where 
                        State law provides that such a company or 
                        organization may be organized in a manner that 
                        permits voting on a basis which is pro rata to 
                        share ownership on corporate governance 
                        matters, subparagraph (A) shall be applied 
                        without taking into account whether its member 
                        shareholders have one vote on corporate 
                        governance matters per share held in the 
                        corporation. Nothing in this clause shall be 
                        construed to create any inference about the 
                        requirements of this subsection for companies 
                        or organizations not included in this 
                        clause.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to taxable years beginning after the date of the enactment of 
this Act.
                                 <all>