Bill

Bill > S1304


ID S1304

ID S1304
Amends existing law regarding irrigation conduits and rights-of-way.


summary

Introduced
02/16/2026
In Committee
03/19/2026
Crossed Over
03/03/2026
Passed
03/24/2026
Dead
Signed/Enacted/Adopted
03/24/2026

Introduced Session

2026 Regular Session

Bill Summary

RELATING TO IRRIGATION CONDUIT RIGHTS-OF-WAY; AMENDING SECTION 42-1102, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE RIGHTS ASSOCIATED WITH AN IRRIGATION EASEMENT OR RIGHT-OF-WAY; AMENDING CHAPTER 12, TITLE 42, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 42-1201, IDAHO CODE, TO DEFINE A TERM; AMENDING SECTION 42-1201, IDAHO CODE, TO REVISE PROVI- SIONS REGARDING THE OPERATION AND MAINTENANCE OF IRRIGATION CONVEYANCE FACILITIES AND TO REDESIGNATE THE SECTION; AMENDING SECTION 42-1207, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE PLACEMENT OF IRRIGATION CONDUITS, TO PROVIDE FOR A RIGHT OF AN OWNER OR OPERATOR OF AN IRRIGA- TION EASEMENT OR RIGHT-OF-WAY, TO REDESIGNATE THE SECTION, AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 42-1208, IDAHO CODE, TO REVISE PROVISIONS REGARDING EASEMENTS, RIGHTS-OF-WAY, AND OTHER REAL PROPERTY NOT SUBJECT TO ADVERSE PROPERTY AND TO REDESIGNATE THE SECTION; AMEND- ING SECTION 42-1209, IDAHO CODE, TO REVISE PROVISIONS REGARDING EN- CROACHMENTS ON EASEMENTS AND RIGHTS-OF-WAY AND TO REDESIGNATE THE SEC- TION; AMENDING SECTION 18-4308, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.

AI Summary

This bill clarifies and expands the rights and responsibilities related to irrigation conduits and their rights-of-way, which are essentially easements or strips of land used for water delivery or drainage. It defines "irrigation conduit" to include various forms of water conveyance systems, such as ditches, canals, pipelines, and drains. The bill specifies that owners or operators of these conduits have the right to access, maintain, and repair them, including removing debris and constructing necessary structures within the right-of-way, without needing permission from the landowner whose property the conduit crosses. It also clarifies that these rights-of-way are not subject to adverse possession, meaning they cannot be claimed by others through long-term use, and prohibits obstructions that interfere with their operation. Furthermore, the bill outlines procedures for relocating or piping existing conduits, requiring permission from the conduit owner and specifying responsibilities for costs and maintenance, while also allowing conduit owners to place open channels in buried pipes within their existing rights-of-way under certain conditions. Finally, it makes technical corrections to code references and declares an emergency for immediate effect.

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 109 Effective: 07/01/2026 (on 03/24/2026)

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