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ID S1074

Bill

Status

Engrossed

2/22/2021

Primary Sponsor

Resources and Environment Committee

Click for details

Origin

Senate

2021 Regular Session

AI Summary

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

  • Expands right-of-way provisions in Section 42-1102 to include rights for ditch, canal, and conduit owners to enter land for accessing, inspecting, operating, cleaning, maintaining, and repairing irrigation structures without prior notice to landowners.

  • Grants ditch and canal owners discretion to transport, utilize, and deposit excavated material (debris, soil, vegetation) within the right-of-way for reconstruction and maintenance purposes, limited to reasonably necessary widths along embankments.

  • Prohibits encroachments (roads, utilities, fences, structures, vegetation) onto right-of-way without written permission from the ditch or canal operator, with unauthorized encroachments subject to removal at the encroacher's expense.

  • Amends Section 42-1204 to limit liability of ditch, canal, and aqueduct owners to reasonable care standards only and exempts them from liability for third-party acts, unauthorized water diversions, and acts of God; applies all provisions retroactively to existing ditches and prospectively to future construction.

Legislative Description

Repeals and amends existing law to revise right-of-way provisions.

IRRIGATION

Last Action

Read First Time, Referred to Resources & Conservation

2/23/2021

Committee Referrals

Resources and Conservation2/23/2021
Resources and Environment2/10/2021
Judiciary and Rules2/9/2021

Full Bill Text

No bill text available