Loading chat...

ID S1086

Bill

Status

Passed

3/22/2019

Primary Sponsor

Resources and Environment Committee

Click for details

Origin

Senate

2019 Regular Session

AI Summary

  • Amends Idaho Code Section 42-1102 to expand the definition of irrigation right-of-way rights to include removal and control of vegetation within ditches, canals, and conduits, and explicitly prohibits encroachments (roads, utilities, fences, gates, pipelines, structures, landscaping, trees, vegetation) without written permission from the right-of-way owner.

  • Requires encroachments that unreasonably or materially interfere with right-of-way use and enjoyment to be removed at the expense of the person or entity causing the encroachment upon request of the right-of-way owner.

  • Amends Idaho Code Section 42-1204 to clarify that ditch, canal, and aqueduct owners have reasonable care duties only (not strict liability) and to incorporate the same encroachment prohibitions and removal requirements as Section 42-1102.

  • Amends Idaho Code Section 42-1209 to extend encroachment protections to irrigation districts, Carey Act operating companies, nonprofit irrigation entities, lateral ditch associations, and drainage districts.

  • Clarifies in all amended sections that the provisions do not impair the exercise of eminent domain rights for public purposes and apply to both existing and newly constructed irrigation infrastructure.

Legislative Description

Amends existing law to revise provisions regarding rights associated with rights-of-way and encroachments onto easements and rights-of-way.

IRRIGATION AND DRAINAGE

Last Action

Session Law Chapter 183 Effective: 07/01/2019

3/22/2019

Committee Referrals

Resources and Conservation2/26/2019
Resources and Environment2/12/2019
Judiciary and Rules2/11/2019

Full Bill Text

No bill text available