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ID H0307

Bill

Status

Passed

4/19/2021

Primary Sponsor

Ways and Means Committee

Click for details

Origin

House of Representatives

2021 Regular Session

AI Summary

  • Repeals Section 42-1101, Idaho Code, which previously addressed landowners' rights to water.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Resources and Environment3/15/2021
Resources and Conservation3/8/2021

Full Bill Text

No bill text available