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ID H0398
Bill
Status
2/22/2012
Primary Sponsor
Resources and Conservation Committee
Click for details
AI Summary
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Exempts ditch, canal, and embankment owners from maintenance duties when maintenance needs are caused by third-party water diversion, other third-party actions, or acts of God including fire, earthquake, storm, or flood.
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Changes the legal standard for ditch and canal maintenance from strict liability to a reasonable care standard, preventing enlargement of liability for owners or constructors.
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Shields owners and constructors of ditches, canals, works, and aqueducts from liability for damage or injury caused by unauthorized third-party water diversions, other third-party acts or omissions, or acts of God.
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Preserves the right of ditch and canal owners to enter adjacent land for cleaning, maintaining, and repairing facilities, and to deposit necessary debris and materials on canal banks using only the minimum width of land required.
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Clarifies that the liability limitations do not impair any other legal defenses that owners or constructors may assert in civil actions.
Legislative Description
Amends existing law relating to the maintenance and repair of ditches to provide that specified duties relating to the maintenance of embankments shall not apply to maintenance and operation necessitated by certain actions of third parties or acts of God; to provide that specified duties relating to keeping and maintaining ditches, canals, works, aqueducts, embankments, flumes or other conduits of streams or springs require reasonable care only and shall not be construed to impose strict liability or to enlarge or otherwise adversely affect the liability of any party; to provide that the owners or constructors of such ditches, canals, works or other aqueducts shall not be liable for damage or injury caused by certain actions of third parties or acts of God; and to clarify that specified provisions shall not be construed to impair any defense that an owner or constructor of a ditch, canal, work or other aqueduct may assert in a civil action.
DITCH REPAIR AND MAINTENANCE
Last Action
to St Aff
2/23/2012