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ID H0307
Bill
Status
4/19/2021
Primary Sponsor
Ways and Means Committee
Click for details
AI Summary
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Repeals Section 42-1101, Idaho Code, which previously addressed landowners' rights to water.
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Amends Section 42-1102 to clarify that landowners entitled to irrigation rights-of-way have the right to access, inspect, operate, clean, maintain, and repair ditches, canals, conduits, embankments, and irrigation structures.
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Permits removal and deposit of debris, soil, and vegetation from the right-of-way along ditch and canal banks as reasonably necessary, with removed material usable for reconstruction and repair.
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Establishes that visible ditches, canals, or conduits constitute notice to property owners of the underlying right-of-way, and prohibits encroachments without written permission from the ditch/canal owner or operator.
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Amends Section 42-1204 to limit liability of ditch, canal, and aqueduct owners to reasonable care standards and to exclude liability for third-party acts, acts of God, and unauthorized water diversions, while clarifying maintenance and repair rights consistent with Section 42-1102 amendments.
Legislative Description
Repeals and amends existing law to revise right-of-way provisions.
IRRIGATION
Last Action
Reported Signed by Governor on April 16, 2021 Session Law Chapter 250 Effective: 07/01/2021
4/19/2021