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ID S1383
Bill
Status
4/3/2012
Primary Sponsor
State Affairs Committee
Click for details
AI Summary
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Amends Idaho Code Section 42-1203 to require only reasonable care (not strict liability) for owners maintaining embankments of irrigating ditches, canals, and conduits to prevent water waste.
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Exempts ditch, canal, and conduit owners from liability for damage or injury caused by: third-party water diversion without permission, third-party acts or omissions (excluding employees/agents), or acts of God including fire, earthquake, and storms.
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Amends Idaho Code Section 42-1204 to require only reasonable care (not strict liability) for owners and constructors of ditches, canals, works, and aqueducts when maintaining them to prevent property damage to others.
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Provides the same three liability exemptions in Section 42-1204 as in Section 42-1203 for third-party actions and acts of God.
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Grants owners and constructors the right to enter land, occupy necessary width along banks, and deposit removed debris for cleaning, maintaining, and repairing ditches and canals with personnel and standard equipment.
Legislative Description
Amends existing law relating to the maintenance and repair of ditches, canals and conduits to provide that specified duties relating to ditches, canals and conduits require reasonable care only and do not impose strict liability or enlarge liability of owners, to provide that owners shall not be liable for specified damages or injuries and to provide that specified law shall not be construed to impair any defense that an owner or constructor of a ditch, canal, works or other aqueduct may assert in a civil action; to provide that specified duties relating to ditches, canals, works and aqueducts require reasonable care only and do not impose strict liability or enlarge liability of owners; to provide that owners and constructors shall not be liable for specified damages or injuries and to provide that specified law shall not be construed to impair any defense that an owner or constructor of a ditch, canal, works or other aqueduct may assert in a civil action.
DITCHES
Last Action
Governor signed Session Law Chapter 274 Effective: 07/01/12
4/3/2012