Loading chat...
ID S1074
Bill
Status
2/22/2021
Primary Sponsor
Resources and Environment Committee
Click for details
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