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ID S1083

Bill

Status

Passed

3/21/2019

Primary Sponsor

Resources and Environment Committee

Click for details

Origin

Senate

2019 Regular Session

AI Summary

Senate Bill 1083 Summary

  • Prohibits encroachments (roads, utilities, fences, pipelines, structures) onto irrigation rights-of-way without written permission from the ditch, canal, or conduit owner/operator, with violators required to remove encroachments at their own expense if they materially interfere with operations.

  • Limits liability of irrigation ditch, canal, and conduit owners to reasonable care standard only, exempting them from liability for damages caused by third-party actions, unauthorized water diversions, or acts of God including fire, earthquake, or storms.

  • Allows landowners to relocate or bury ditches, canals, laterals, or drains in pipe on their property at their own expense, provided written permission is first obtained and standard specifications are met, with increased maintenance costs borne by the landowner.

  • Permits ditch and conduit owners to place buried conduits within easements or rights-of-way on others' property using standard specifications and requiring property restoration within 30 days of construction completion.

  • Extends encroachment prohibitions and written permission requirements to easements or rights-of-way operated by irrigation districts, Carey Act operating companies, nonprofit irrigation entities, lateral ditch associations, and drainage districts.

Legislative Description

Amends existing law to revise provisions regarding encroachments on certain rights-of-way, maintenance of embankments, the prevention of damage to others associated with ditches, canals, works, or other aqueducts, buried irrigation conduit, and encroachments on certain easements and rights-of-way.

IRRIGATION AND DRAINAGE

Last Action

Session Law Chapter 158 Effective: 07/01/2019

3/21/2019

Committee Referrals

Resources and Conservation2/28/2019
Resources and Environment2/12/2019
Judiciary and Rules2/11/2019

Full Bill Text

No bill text available