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ID H0559
Bill
AI Summary
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Dam owners obtain a nonexclusive prescriptive overflow easement over property inundated or overflowed by dam operations for at least part of a year during any consecutive 5-year period prior to a property owner seeking relief.
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Dam owners do not forfeit the prescriptive overflow easement if failure to exercise it results from lack of water caused by drought or acts of God.
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Property owners may use underlying land for any purpose consistent with ownership even if the use reasonably interferes with water storage, provided the use does not unreasonably interfere with water storage.
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Provisions do not affect riparian and littoral rights of property owners or any prescriptive overflow easements previously acquired under common law.
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Provisions do not apply to beds of navigable waters below the natural or ordinary high watermark or lands owned by the state of Idaho.
Legislative Description
Amends existing law relating to prescriptive overflow easements to provide that provisions relating to prescriptive overflow easements shall not be construed to restrict any use of the underlying property for purposes consistent with ownership even if the use reasonably interferes with the storage of water on the property.
PRESCRIPTIVE OVERFLOW EASEMENTS
Last Action
Governor signed Session Law Chapter 144 Effective: 07/01/10
3/29/2010