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Bill > S1339

ID S1339

ID S1339
Amends, repeals, and adds to existing law regarding irrigation and drainage rights-of-way.

summary

Introduced
02/12/2024
In Committee
03/13/2024
Crossed Over
02/27/2024
Passed
03/14/2024
Dead
Signed/Enacted/Adopted
03/18/2024

Introduced Session

2024 Regular Session

Bill Summary

RELATING TO RIGHTS-OF-WAY; AMENDING SECTION 42-1102, IDAHO CODE, TO REVISE PROVISIONS REGARDING RIGHTS TO RIGHT-OF-WAY AND TO MAKE TECHNICAL COR- RECTIONS; REPEALING SECTION 42-1103, IDAHO CODE, RELATING TO OWNERS OF SPRINGS AND STREAMS; AMENDING SECTION 42-1104, IDAHO CODE, TO REVISE PROVISIONS REGARDING RIGHT-OF-WAY OVER STATE LANDS; REPEALING SECTION 42-1105, IDAHO CODE, RELATING TO RIGHT-OF-WAY FOR RIPARIAN PROPRI- ETORS; AMENDING CHAPTER 11, TITLE 42, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 42-1105, IDAHO CODE, TO PROVIDE FOR RIGHT-OF-WAY FOR DIVER- SION WORKS; AMENDING SECTION 42-1106, IDAHO CODE, TO REVISE PROVISIONS REGARDING RIGHT OF EMINENT DOMAIN; REPEALING SECTION 42-1108, IDAHO CODE, RELATING TO THE RIGHT TO CROSS DITCHES; AMENDING SECTION 42-1201, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE OPERATION AND MAINTE- NANCE OF IRRIGATION CONVEYANCE FACILITIES; REPEALING SECTION 42-1202, IDAHO CODE, RELATING TO THE MAINTENANCE OF DITCHES; REPEALING SEC- TION 42-1203, IDAHO CODE, RELATING TO THE MAINTENANCE OF EMBANKMENTS; REPEALING SECTION 42-1204, IDAHO CODE, RELATING TO THE PREVENTION OF DAMAGE TO OTHERS; REPEALING SECTION 42-1205, IDAHO CODE, RELATING TO BRIDGES OVER DITCHES; REPEALING SECTION 42-1206, IDAHO CODE, RELATING TO THE REPAIR OF COMMUNITY DITCHES; AMENDING SECTION 42-1207, IDAHO CODE, TO REVISE PROVISIONS REGARDING RELOCATION AND PIPING OF IRRIGA- TION CONVEYANCE FACILITIES AND DRAINAGE FACILITIES; AMENDING SECTION 42-1209, IDAHO CODE, TO REVISE PROVISIONS REGARDING ENCROACHMENTS ON EASEMENTS AND RIGHTS-OF-WAY; REPEALING SECTION 18-4308, IDAHO CODE, RELATING TO THE CHANGE OF A DITCH, CANAL, LATERAL, DRAIN OR BURIED IR- RIGATION CONDUIT; AMENDING CHAPTER 43, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-4308, IDAHO CODE, TO PROVIDE A PENALTY; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.

AI Summary

This bill amends, repeals, and adds to existing law regarding irrigation and drainage rights-of-way. Key provisions include: - Expanding the rights of owners of ditches, canals, laterals, and drains to access and maintain their infrastructure across private land, including the right to remove debris and vegetation and occupy the right-of-way during any season. - Providing that owners/operators of irrigation ditches, canals, laterals, and drains have a duty to operate and maintain their facilities, but are not strictly liable for certain damages. - Allowing landowners to relocate or pipe irrigation and drainage infrastructure on their property, with the written permission of the infrastructure owner to ensure the changes do not unreasonably interfere. - Prohibiting encroachments onto irrigation and drainage rights-of-way without written permission, and requiring removal or modification of unauthorized encroachments at the encroaching party's expense. - Creating a new misdemeanor penalty for unlawfully relocating or burying irrigation and drainage infrastructure. The bill is intended to clarify and expand the rights and responsibilities related to irrigation and drainage infrastructure across private lands in Idaho.

Committee Categories

Agriculture and Natural Resources, Justice

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Resources and Environment Committee (Senate)

Last Action

Session Law Chapter 93 Effective: 07/01/2024 (on 03/18/2024)

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