HB 572 Summary

• Amends Section 42-1209 of Idaho Code regarding easements and rights-of-way for irrigation districts, Carey act operating companies, nonprofit irrigation entities, lateral ditch associations, and drainage districts

• Prohibits persons or entities from causing encroachments onto these easements or rights-of-way (including roads, utilities, fences, pipelines, and structures) without written permission from the owning entity

• Requires removal of unauthorized encroachments at the expense of the responsible party if they unreasonably or materially interfere with the easement or right-of-way use

• Preserves the right of eminent domain for concurrent public purposes under chapter 7, title 7, Idaho Code when applied to irrigation or drainage entity property

• Prohibits the exercise of eminent domain to acquire property that an irrigation or drainage entity owns, operates, and maintains for water delivery or drainage pursuant to existing rights and obligations