HOUSE BILL NO. 634

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Bill Status



H0634aa.......................................by RESOURCES AND CONSERVATION
IRRIGATION - DRAINAGE - Amends and adds to existing law to require
permission from owners of irrigation rights-of-way for encroachments of any
kind on the rights-of-way; and to clarify that protection from adverse
possession applies to easements as well as to rights-of-way of irrigation
and drainage districts.
                                                                        
02/10    House intro - 1st rdg - to printing
02/11    Rpt prt - to Res/Con
02/26    Rpt out - to Gen Ord
    Rpt out amen - to engros
02/27    Rpt engros - 1st rdg - to 2nd rdg as amen
03/01    2nd rdg - to 3rd rdg as amen
03/04    3rd rdg as amen - PASSED - 61-0-9
      AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Bell, Block,
      Boe, Bolz, Campbell, Cannon, Clark, Collins, Cuddy, Deal, Denney,
      Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,
      Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
      Mitchell, Moyle, Naccarato, Pasley-Stuart, Raybould, Ridinger, Ring,
      Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,
      Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail(Bennett),
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bauer, Black, Bradford, Crow, Lake, Nielsen,
      Shirley, Smith(24), Wills
    Floor Sponsor - Campbell
    Title apvd - to Senate
03/05    Senate intro - 1st rdg - to Res/Env
03/09    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 18-17-1
    Tie Vote - President voted AYE
      AYES -- Brandt, Burtenshaw, Cameron, Darrington, Gannon, Geddes,
      Goedde, Hill, Little, Lodge, McKenzie, McWilliams, Noble, Noh,
      Richardson, Sweet, Williams
      NAYS -- Andreason, Bailey, Bunderson, Burkett, Calabretta, Compton,
      Davis, Ingram, Kennedy, Keough, Malepeai, Marley, Schroeder,
      Sorensen, Stegner, Stennett, Werk
      Absent and excused -- Pearce
    Floor Sponsors - Burtenshaw & Noh
    Title apvd - to House
03/19    To enrol - Rpt enrol - Sp signed - Pres signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 179
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 634
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO IRRIGATION AND DRAINAGE EASEMENTS AND RIGHTS-OF-WAY; AMENDING SEC-
  3        TION 31-3805, IDAHO CODE, TO REQUIRE PRIOR APPROVAL  FROM  THE  OWNERS  OF
  4        IRRIGATION OR DRAINAGE EASEMENTS OR RIGHTS-OF-WAY FOR ENCROACHMENTS BEFORE
  5        A  SUBDIVISION  PLAT OR AMENDMENTS WILL BE ACCEPTED, APPROVED AND RECORDED
  6        AND TO REQUIRE NOTIFICATION; AMENDING  SECTION  42-1102,  IDAHO  CODE,  TO
  7        REQUIRE  PERMISSION  FROM OWNERS OF IRRIGATION RIGHTS-OF-WAY FOR ENCROACH-
  8        MENTS OF ANY KIND ON THE RIGHTS-OF-WAY; AMENDING  SECTION  42-1208,  IDAHO
  9        CODE,  TO CLARIFY THAT PROTECTION FROM ADVERSE POSSESSION APPLIES TO EASE-
 10        MENTS AS WELL AS TO RIGHTS-OF-WAY OF IRRIGATION  AND  DRAINAGE  DISTRICTS;
 11        AND  AMENDING  CHAPTER  12, TITLE 42, IDAHO CODE, BY THE ADDITION OF A NEW
 12        SECTION 42-1209, IDAHO CODE, TO REQUIRE WRITTEN PERMISSION OF THE OWNER OF
 13        AN IRRIGATION OR DRAINAGE EASEMENT OR RIGHT-OF-WAY BEFORE ENCROACHMENTS OF
 14        ANY KIND ARE PERMITTED.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION 1.  That Section 31-3805, Idaho Code, be, and the same  is  hereby
 17    amended to read as follows:
                                                                        
 18        31-3805.  DELIVERY  OF  WATER.  (1)  When  either a subdivision within the
 19    meaning of chapter 13, title 50, Idaho Code, or a  subdivision  subject  to  a
 20    more  restrictive county or city zoning ordinance is proposed within the state
 21    of Idaho, and all or any part of said subdivision would be located within  the
 22    boundaries  of  an  existing irrigation district or other canal company, ditch
 23    association, drainage district, or like irrigation water delivery or  drainage
 24    entity,  hereinafter called "irrigation entity" for the purposes of this chap-
 25    ter, no subdivision plat or amendment to a subdivision plat or any other  plat
 26    or  map  recognized  by  the  city  or county for the division of land will be
 27    accepted, approved,  and recorded unless:
 28        (a)  The water rights appurtenant and the  assessment  obligation  of  the
 29        lands in said subdivision which are within the irrigation entity have been
 30        transferred  from  said lands or excluded from an irrigation entity by the
 31        owner thereof; or by the person, firm or corporation filing  the  subdivi-
 32        sion plat or amendment to a subdivision plat or any other plat or map rec-
 33        ognized by the city or county for the division of land; or
 34        (b)  The  owner or person, firm or corporation filing the subdivision plat
 35        or amendment to a subdivision plat or any other plat or map recognized  by
 36        the  city  or county for the division of land has provided for underground
 37        tile or other like satisfactory underground conduit for lots  of  one  (1)
 38        acre  or  less,  or  a  suitable system for lots of more than one (1) acre
 39        which will deliver water to those landowners within  the  subdivision  who
 40        are  also  within  the  irrigation  entity, with the following appropriate
 41        approvals:
 42             (i)   For proposed subdivisions within the incorporated limits  of  a
 43             city,  the  irrigation  system  must  be  approved by the city zoning
                                                                        
                                       2
                                                                        
  1             authority or the city council, as provided by  city  ordinance,  with
  2             the  advice  of  the  irrigation  entity charged with the delivery of
  3             water to said lands.
  4             (ii)  For proposed subdivisions located outside  incorporated  cities
  5             but  within  a negotiated area of city impact pursuant to chapter 65,
  6             title 67, Idaho Code, or within one (1) mile outside the incorporated
  7             limits of any city, both city and county zoning authorities and  city
  8             council and county commissions must approve such irrigation system in
  9             accordance with section 50-1306, Idaho Code. In addition, the irriga-
 10             tion entity charged  with the delivery of water to said lands must be
 11             advised regarding the irrigation system.
 12             (iii) For  proposed  subdivisions  located  outside  an  area of city
 13             impact in counties with a zoning ordinance, the delivery system  must
 14             be  approved  by  the  appropriate  county  zoning authority, and the
 15             county commission with the advice of the  irrigation  entity  charged
 16             with the delivery of water to said lands.
 17             (iv)  For  proposed  subdivisions  located  outside  an  area of city
 18             impact in counties without a zoning ordinance, such irrigation system
 19             must be approved by the board of county commissioners with the advice
 20             of the irrigation entity charged with  the delivery of water to  said
 21             lands.
 22        (c)  The  owner  of  the  easement  or  right-of-way  and the owner of the
 23        servient estate have provided written permission for any physical  altera-
 24        tion  of easements or rights-of-way and for any encroachments on easements
 25        or rights-of-way, including encroachments by any public or private  roads,
 26        utilities,  fences, gates, pipelines, structures or any other construction
 27        or placement of objects.
 28        (2)  (a) In the event that the provisions of either subsection (1)(a),  or
 29        (1)(b)  or (1)(c) of this section have not been complied with, the assess-
 30        ments of the irrigation entity for operation,  maintenance,  construction,
 31        and  other valid charges permitted by statute shall in no way be affected.
 32        Any person, firm or corporation or any other person offering such lots  in
 33        such  subdivision  for sale, or selling such lot shall, prior to the sale,
 34        advise the purchaser in writing as follows:
 35             (i)   That suitable water deliveries have not been provided; and
 36             (ii)  That the purchaser of  the  lot  must  remain  subject  to  all
 37             assessments levied by the irrigation entity; and
 38             (iii) That  the individual purchaser shall be responsible to pay such
 39             legal assessments; and
 40             (iv)  That the assessments are a lien on the land within the  irriga-
 41             tion entity; and
 42             (v)   That  the purchaser may at a future date petition the appropri-
 43             ate irrigation entity for exclusion from the irrigation district; and
 44             (vi)  Whether written permission as required by subsection (1)(c)  of
 45             this  section  has  been  obtained  from the owner of the easement or
 46             right-of-way and the owner of the servient estate.
 47        (b)  A disclosure statement executed by the purchasers and  duly  acknowl-
 48        edged,  containing the representations required in this subsection of this
 49        section, shall be obtained by the seller at the time  of  receipt  of  the
 50        earnest  money  from the purchaser, and affixed to the proposed sales con-
 51        tract and a copy thereof shall be forwarded to the appropriate  irrigation
 52        entity.
                                                                        
 53        SECTION  2.  That  Section 42-1102, Idaho Code, be, and the same is hereby
 54    amended to read as follows:
                                                                        
                                       3
                                                                        
  1        42-1102.  OWNERS OF LAND -- RIGHT TO RIGHT-OF-WAY. When any such owners or
  2    claimants to land have not sufficient length of frontage on a stream to afford
  3    the requisite fall for a ditch, canal or other conduit on their  own  premises
  4    for  the proper irrigation thereof, or where the land proposed to be irrigated
  5    is back from the banks of such stream, and convenient facilities otherwise for
  6    the watering of said lands cannot be had, such owners or claimants  are  enti-
  7    tled  to a right-of-way through the lands of others, for the purposes of irri-
  8    gation. The  right-of-way shall include, but is not limited to, the  right  to
  9    enter  the  land  across  which  the right-of-way extends, for the purposes of
 10    cleaning, maintaining and repairing the ditch, canal or conduit, and to occupy
 11    such width of the land along the banks of the ditch, canal or  conduit  as  is
 12    necessary  to  properly do the work of cleaning, maintaining and repairing the
 13    ditch, canal or conduit with personnel and with such equipment as is  commonly
 14    used,  or  is reasonably adapted, to that work. The right-of-way also includes
 15    the right to deposit on the banks of the ditch or canal the debris  and  other
 16    matter  necessarily  required  to be taken from the ditch or canal to properly
 17    clean and maintain it, but no greater width of land along  the  banks  of  the
 18    canal  or  ditch than is absolutely necessary for such deposits shall be occu-
 19    pied by the removed debris or other matter. Provided, that in the making, con-
 20    structing, keeping up and maintenance of such ditch, canal or conduit, through
 21    the lands of others, the person, company or corporation, proceeding under this
 22    section, and those succeeding to the interests of such person, company or cor-
 23    poration, must keep such ditch, canal or other conduit in good repair, and are
 24    liable to the owners or claimants of the lands crossed by such work  or  aque-
 25    duct for all damages occasioned by the overflow thereof, or resulting from any
 26    neglect  or  accident  (unless the same be unavoidable) to such ditch or aque-
 27    duct.
 28        The existence of a visible ditch, canal or conduit shall constitute notice
 29    to the owner, or any subsequent purchaser, of the underlying servient  estate,
 30    that  the  owner of the ditch, canal or conduit has the right-of-way and inci-
 31    dental rights confirmed or granted by this section.
 32        Rights-of-way provided by this section are essential for the operations of
 33    the ditches, canals and conduits. No person or entity shall  cause  or  permit
 34    any  encroachments  onto  the right-of-way, including public or private roads,
 35    utilities, fences, gates, pipelines,  structures,  or  other  construction  or
 36    placement  of  objects,  without  the  written  permission of the owner of the
 37    right-of-way and the owner of the servient estate. Encroachments of  any  kind
 38    placed in such right-of-way without express written permission of the owner of
 39    the right-of-way shall be removed at the expense of the person or entity caus-
 40    ing  or  permitting  such  encroachment,  upon the request of the owner of the
 41    right-of-way.
 42        This section shall apply to ditches, canals or other conduits existing  on
 43    the  effective  date  of this act, as well as to ditches, canals or other con-
 44    duits constructed after such effective date.
                                                                        
 45        SECTION 3.  That Section 42-1208, Idaho Code, be, and the same  is  hereby
 46    amended to read as follows:
                                                                        
 47        42-1208.  EASEMENTS  OR  RIGHTS-OF-WAY  NOT SUBJECT TO ADVERSE POSSESSION.
 48    Easements or rRights-of-way of irrigation districts, Carey act operating  com-
 49    panies,  nonprofit  irrigation  entities,  and lateral ditch associations, and
 50    drainage districts are not subject to adverse possession, and no person  shall
 51    prevent  free  access of authorized personnel on easements or rights-of-way or
 52    construct any obstruction on  easements  or  rights-of-way  in  an  effort  to
 53    adversely possess said easement or right-of-way.
                                                                        
                                       4
                                                                        
  1        SECTION  4.  That  Chapter  12,  Title 42, Idaho Code, be, and the same is
  2    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  3    ignated as Section 42-1209, Idaho Code, and to read as follows:
                                                                        
  4        42-1209.  ENCROACHMENTS  ON  EASEMENTS  AND  RIGHTS-OF-WAY.  Easements  or
  5    rights-of-way  of  irrigation  districts,  Carey act operating companies, non-
  6    profit irrigation entities, lateral ditch associations, and drainage districts
  7    are essential for the operations of such  irrigation  and  drainage  entities.
  8    Accordingly,  no person or entity shall cause or permit any encroachments onto
  9    the easements or rights-of-way, including any public or private roads,  utili-
 10    ties,  fences, gates, pipelines, structures or other construction or placement
 11    of objects, without the written permission of the irrigation  district,  Carey
 12    act operating company, nonprofit irrigation entity, lateral ditch association,
 13    or  drainage district owning the easement or right-of-way and the owner of the
 14    servient estate. Encroachments of any kind placed in such easement  or  right-
 15    of-way,  without  such  express  written  permission  shall  be removed at the
 16    expense of the person or entity causing or permitting such encroachments, upon
 17    the request of the owner of the easement or right-of-way or the owner  of  the
 18    servient estate.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Campbell            
                                                                        
                                                     Seconded by Cuddy               
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENTS TO H.B. NO. 634
                                                                        
  1                                AMENDMENT TO SECTION 2
  2        On page 3 of the printed bill, in line 37, delete "and the  owner  of  the
  3    servient estate" and insert: ", in order to ensure that any such encroachments
  4    will  not  unreasonably  or materially interfere with the use and enjoyment of
  5    the right-of-way"; and in line 41, following "right-of-way" insert: ", in  the
  6    event  that  any  such encroachments unreasonably or materially interfere with
  7    the use and enjoyment of the right-of-way. Nothing in this  section  shall  in
  8    any way affect the exercise of the right of eminent domain for the public pur-
  9    poses set forth in section 7-701, Idaho Code".
                                                                        
 10                               AMENDMENTS TO SECTION 4
 11        On  page  4,  in  line  13,  delete "and the owner of the" and in line 14,
 12    delete "servient estate" and insert: ", in  order  to  ensure  that  any  such
 13    encroachments  will  not unreasonably or materially interfere with the use and
 14    enjoyment  of  the  easement  or  right-of-way";   in   line   17,   following
 15    "right-of-way"  delete  "or the owner of the" and in line 18, delete "servient
 16    estate" and insert: ", in the event that any such  encroachments  unreasonably
 17    or  materially  interfere with the use and enjoyment of the easement or right-
 18    of-way. Nothing in this section shall in any way affect the  exercise  of  the
 19    right  of  eminent  domain for the public purposes set forth in section 7-701,
 20    Idaho Code".
                                                                        
 21                                AMENDMENTS TO THE BILL
 22        On page 1, delete lines 16 through 43, and  on  page  2,  delete  lines  1
 23    through 52, and renumber subsequent sections of the bill accordingly.
                                                                        
 24                                 CORRECTION TO TITLE
 25        On  page 1, in line 2, delete "AMENDING SEC-", and delete lines 3, 4 and 5
 26    and in line 6, delete "AND TO REQUIRE NOTIFICATION;".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 634, As Amended
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO IRRIGATION AND DRAINAGE EASEMENTS AND RIGHTS-OF-WAY; AMENDING SEC-
  3        TION 42-1102, IDAHO CODE, TO REQUIRE PERMISSION FROM OWNERS OF  IRRIGATION
  4        RIGHTS-OF-WAY FOR ENCROACHMENTS OF ANY KIND ON THE RIGHTS-OF-WAY; AMENDING
  5        SECTION  42-1208, IDAHO CODE, TO CLARIFY THAT PROTECTION FROM ADVERSE POS-
  6        SESSION APPLIES TO EASEMENTS AS WELL AS TO RIGHTS-OF-WAY OF IRRIGATION AND
  7        DRAINAGE DISTRICTS; AND AMENDING CHAPTER 12, TITLE 42, IDAHO CODE, BY  THE
  8        ADDITION  OF A NEW SECTION 42-1209, IDAHO CODE, TO REQUIRE WRITTEN PERMIS-
  9        SION OF THE OWNER OF AN IRRIGATION OR DRAINAGE  EASEMENT  OR  RIGHT-OF-WAY
 10        BEFORE ENCROACHMENTS OF ANY KIND ARE PERMITTED.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That  Section 42-1102, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        42-1102.  OWNERS OF LAND -- RIGHT TO RIGHT-OF-WAY. When any such owners or
 15    claimants to land have not sufficient length of frontage on a stream to afford
 16    the requisite fall for a ditch, canal or other conduit on their  own  premises
 17    for  the proper irrigation thereof, or where the land proposed to be irrigated
 18    is back from the banks of such stream, and convenient facilities otherwise for
 19    the watering of said lands cannot be had, such owners or claimants  are  enti-
 20    tled  to a right-of-way through the lands of others, for the purposes of irri-
 21    gation. The  right-of-way shall include, but is not limited to, the  right  to
 22    enter  the  land  across  which  the right-of-way extends, for the purposes of
 23    cleaning, maintaining and repairing the ditch, canal or conduit, and to occupy
 24    such width of the land along the banks of the ditch, canal or  conduit  as  is
 25    necessary  to  properly do the work of cleaning, maintaining and repairing the
 26    ditch, canal or conduit with personnel and with such equipment as is  commonly
 27    used,  or  is reasonably adapted, to that work. The right-of-way also includes
 28    the right to deposit on the banks of the ditch or canal the debris  and  other
 29    matter  necessarily  required  to be taken from the ditch or canal to properly
 30    clean and maintain it, but no greater width of land along  the  banks  of  the
 31    canal  or  ditch than is absolutely necessary for such deposits shall be occu-
 32    pied by the removed debris or other matter. Provided, that in the making, con-
 33    structing, keeping up and maintenance of such ditch, canal or conduit, through
 34    the lands of others, the person, company or corporation, proceeding under this
 35    section, and those succeeding to the interests of such person, company or cor-
 36    poration, must keep such ditch, canal or other conduit in good repair, and are
 37    liable to the owners or claimants of the lands crossed by such work  or  aque-
 38    duct for all damages occasioned by the overflow thereof, or resulting from any
 39    neglect  or  accident  (unless the same be unavoidable) to such ditch or aque-
 40    duct.
 41        The existence of a visible ditch, canal or conduit shall constitute notice
 42    to the owner, or any subsequent purchaser, of the underlying servient  estate,
 43    that  the  owner of the ditch, canal or conduit has the right-of-way and inci-
                                                                        
                                       2
                                                                        
  1    dental rights confirmed or granted by this section.
  2        Rights-of-way provided by this section are essential for the operations of
  3    the ditches, canals and conduits. No person or entity shall  cause  or  permit
  4    any  encroachments  onto  the right-of-way, including public or private roads,
  5    utilities, fences, gates, pipelines,  structures,  or  other  construction  or
  6    placement  of  objects,  without  the  written  permission of the owner of the
  7    right-of-way, in  order  to  ensure  that  any  such  encroachments  will  not
  8    unreasonably  or materially interfere with the use and enjoyment of the right-
  9    of-way. Encroachments of any kind placed in such right-of-way without  express
 10    written  permission  of  the owner of the right-of-way shall be removed at the
 11    expense of the person or entity causing or permitting such encroachment,  upon
 12    the  request  of  the  owner  of  the right-of-way, in the event that any such
 13    encroachments unreasonably or materially interfere with the use and  enjoyment
 14    of the right-of-way. Nothing in this section shall in any way affect the exer-
 15    cise  of the right of eminent domain for the public purposes set forth in sec-
 16    tion 7-701, Idaho Code.
 17        This section shall apply to ditches, canals or other conduits existing  on
 18    the  effective  date  of this act, as well as to ditches, canals or other con-
 19    duits constructed after such effective date.
                                                                        
 20        SECTION 2.  That Section 42-1208, Idaho Code, be, and the same  is  hereby
 21    amended to read as follows:
                                                                        
 22        42-1208.  EASEMENTS  OR  RIGHTS-OF-WAY  NOT SUBJECT TO ADVERSE POSSESSION.
 23    Easements or rRights-of-way of irrigation districts, Carey act operating  com-
 24    panies,  nonprofit  irrigation  entities,  and lateral ditch associations, and
 25    drainage districts are not subject to adverse possession, and no person  shall
 26    prevent  free  access of authorized personnel on easements or rights-of-way or
 27    construct any obstruction on  easements  or  rights-of-way  in  an  effort  to
 28    adversely possess said easement or right-of-way.
                                                                        
 29        SECTION  3.  That  Chapter  12,  Title 42, Idaho Code, be, and the same is
 30    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 31    ignated as Section 42-1209, Idaho Code, and to read as follows:
                                                                        
 32        42-1209.  ENCROACHMENTS  ON  EASEMENTS  AND  RIGHTS-OF-WAY.  Easements  or
 33    rights-of-way  of  irrigation  districts,  Carey act operating companies, non-
 34    profit irrigation entities, lateral ditch associations, and drainage districts
 35    are essential for the operations of such  irrigation  and  drainage  entities.
 36    Accordingly,  no person or entity shall cause or permit any encroachments onto
 37    the easements or rights-of-way, including any public or private roads,  utili-
 38    ties,  fences, gates, pipelines, structures or other construction or placement
 39    of objects, without the written permission of the irrigation  district,  Carey
 40    act operating company, nonprofit irrigation entity, lateral ditch association,
 41    or  drainage  district owning the easement or right-of-way, in order to ensure
 42    that any such encroachments will not unreasonably or materially interfere with
 43    the use and enjoyment of the easement or right-of-way.  Encroachments  of  any
 44    kind  placed  in  such  easement or right-of-way, without such express written
 45    permission shall be removed at the expense of the person or entity causing  or
 46    permitting  such  encroachments, upon the request of the owner of the easement
 47    or right-of-way, in the event that  any  such  encroachments  unreasonably  or
 48    materially  interfere  with the use and enjoyment of the easement or right-of-
 49    way. Nothing in this section shall in any way affect the exercise of the right
 50    of eminent domain for the public purposes set forth in  section  7-701,  Idaho
 51    Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13887C1
     This legislation would modify statutes to provide for
written approval by irrigation and drainage entities and owners
of the underlying fee title for encroachments onto the easements
and rights-of-way necessary for delivery of water by irrigation
and drainage entities.  It would clarify that easements and
rights-of-way are protected from adverse possession.  It would
clarify that drainage district easements and rights-of-way are
not subject to adverse possession.  It would also require
subdividers to obtain written approval from the irrigation or
drainage entity and owners of the underlying fee title of any
alterations to irrigation or drainage easements or rights-of-way
and alterations of and encroachments upon those easements or
rights-of-way, and to disclose to buyers of lots whether written
permission has been obtained.  Currently, some counties do
require such approval.  Others do not consistently obtain such
approval.  This law makes it uniform requiring all planning and
zoning and other land use decisions to involve and obtain
approval from the irrigation and drainage entities and owners of
the underlying fee title.
                          FISCAL IMPACT
     
     This bill will have no negative fiscal impact.


Contact
Name: Norm Semanko, Idaho Water Users Association 
Phone: (208) 344-6690




STATEMENT OF PURPOSE/FISCAL NOTE                       H 634