ID S1339

Amends Section 42-1102 to clarify that landowners entitled to irrigation or drainage rights-of-way can enter lands, remove debris and vegetation, occupy necessary width, and perform operations without prior notice to servient estate owners.

Establishes that servient estate owners have notice of ditch, canal, lateral, drain, or conduit rights-of-way if they have actual or constructive knowledge or the facility is visible or reasonably discoverable.

Prohibits encroachments onto rights-of-way without written permission; allows owners or operators to remove unauthorized encroachments at the encroacher's expense if they unreasonably or materially interfere with facility use.

Allows servient estate owners to relocate or pipe irrigation facilities at their own expense with written permission from the facility owner, with the owner or operator bearing costs for increased maintenance unless otherwise agreed in writing.

Creates misdemeanor penalty for relocating or burying ditches, canals, laterals, drains, or conduits in violation of Section 42-1207, effective July 1, 2024.