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S1517aa..............................................by JUDICIARY AND RULES
IRRIGATION - Amends existing law to provide that persons who relocate or
bury a lateral ditch contrary to the Idaho Code are guilty of a
misdemeanor.
02/22 Senate intro - 1st rdg - to printing
02/23 Rpt prt - to Jud
03/09 Rpt out - to 14th Ord
03/15 Rpt out amen - to engros
03/16 Rpt engros - 1st rdg - to 2nd rdg as amen
03/17 2nd rdg - to 3rd rdg as amen
03/21 3rd rdg as amen - PASSED - 31-0-4
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins,
Ingram, Keough, King-Barrutia, Lee, McLaughlin, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Geddes, Ipsen, Noh, Parry
Floor Sponsor - Davis
Title apvd - to House
03/22 House intro - 1st rdg as amen - to Res/Con
03/30 Rpt out - rec d/p - to 2nd rdg as amen
03/31 2nd rdg - to 3rd rdg as amen
04/04 3rd rdg as amen - PASSED - 62-4-4
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Crow, Cuddy, Deal,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Jaquet, Judd, Kellogg, Kempton,
Kendell, Kunz, Lake, Linford, Loertscher(Loertscher), Mader, Marley,
McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
Pomeroy, Reynolds, Ridinger, Ringo, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail, Wheeler, Wood, Zimmermann
NAYS -- Cheirrett, Denney, Jones, Robison
Absent and excused -- Clark, Henbest, Hornbeck, Mr Speaker
Floor Sponsor - Moyle
Title apvd - to Senate
To enrol - rpt enrol - Pres signed
04/05 Sp signed
04/06 To Governor
04/14 Governor signed
Session Law Chapter 355
Effective: 07/01/00
S1517
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1517, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CRIMES AGAINST IRRIGATION WORKS; AMENDING SECTION 18-4308, IDAHO
3 CODE, TO PROVIDE THAT PERSONS WHO RELOCATE OR BURY A LATERAL DITCH CON-
4 TRARY TO THE SECTION ARE GUILTY OF A MISDEMEANOR.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 18-4308, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 18-4308. CHANGE OF LATERAL DITCH OR BURIED IRRIGATION CONDUIT. Where any
9 lateral ditch has heretofore been, or may hereafter be, constructed across or
10 beneath the lands of another, the person or persons owning or controlling the
11 said land, shall have the right at his own expense to change said lateral
12 ditch or buried irrigation conduit to any other part of said land, but such
13 change must be made in such a manner as not to impede the flow of the water
14 therein, or to otherwise injure any person or persons using or interested in
15 such lateral ditch or buried irrigation conduit. Any increased operation and
16 maintenance shall be the responsibility of the landowner who makes the change.
17 A landowner shall also have the right to bury the ditch of another in pipe
18 on the landowner's property, provided that the pipe, installation and backfill
19 reasonably meet standard specifications for such materials and construction,
20 as set forth in the Idaho standards for public works construction or other
21 standards recognized by the city or county in which the burying is to be done.
22 The right and responsibility for operation and maintenance shall remain with
23 the ditch owner, but the landowner shall be responsible for any increased
24 operation and maintenance costs, including rehabilitation and replacement,
25 unless otherwise agreed in writing with the ditch owner.
26 In the event that the ditch, lateral, buried irrigation conduit, or canal
27 is owned by an organized irrigation district, canal company, ditch associa-
28 tion, or other irrigation entity, the written permission of the entity must
29 first be obtained before a ditch, lateral, buried irrigation conduit, or canal
30 is changed or placed in buried pipe by the landowner.
31 While a ditch owner shall have no right to relocate his ditch on the prop-
32 erty of another without permission, a ditch owner shall have the right to
33 place his ditch in a buried conduit within the easement or right-of-way on the
34 property of another in accordance with standard specifications for pipe, mate-
35 rials, installation and backfill, as set forth in the Idaho standards for pub-
36 lic works construction or other standards recognized by the city or county in
37 which the burying is to be done, and so long as the pipe and the construction
38 is accomplished in a manner that the surface of the owner's property and the
39 owner's use thereof is not disrupted and is restored to the condition of adja-
40 cent property as expeditiously as possible, but not to exceed five (5) days
41 after the start of construction. A landowner shall have the right to direct
42 that the conduit be relocated to a different route than the route of the
43 ditch, provided that the landowner shall agree in writing to be responsible
2
1 for any increased construction or future maintenance costs necessitated by
2 said relocation. Maintenance of the buried conduit shall be the responsibility
3 of the ditch owner.
4 No more than five (5) days after the start of construction, a landowner or
5 ditch owner who buries a ditch in pipe shall record the location and specifi-
6 cations of the buried irrigation conduit, including primary and secondary
7 easements, in the county in which the burying is done, and shall provide the
8 irrigation entity that supplies water to the ditch, with a copy of such loca-
9 tion and specifications and the construction plans utilized. The irrigation
10 entity shall keep and maintain such records and have them available for the
11 public.
12 Any person or persons who relocate or bury a lateral ditch contrary to the
13 provisions of this section shall be guilty of a misdemeanor.
AS1517
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Davis
Seconded by Dunklin
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1517
1 AMENDMENTS TO SECTION 1
2 On page 2 of the printed bill, in line 13, delete "make a change to" and
3 insert: "relocate or bury" and also in line 13, delete "or buried irri-", and
4 in line 14, delete "gation conduit".
5 CORRECTIONS TO TITLE
6 On page 1, in line 3, delete "MAKE A CHANGE TO" and insert: "RELOCATE OR
7 BURY" and also in line 3, delete "OR BUR-", and in line 4, delete "IED IRRIGA-
8 TION CONDUIT".
STATEMENT OF PURPOSE
RS 09850
This legislation amends 18-4308 to provide that any person violating provisions
of this section shall be guilty of a misdemeanor. When this legislation was passed
in 1994 this clause was inadvertently left out of the legislation. This amendment
corrects that mistake.
FISCAL IMPACT
No fiscal impact to the state of Idaho. This legislation will impact people who
violate law and are charged with a misdemeanor.
Contact
Name: Senator Denton Darrington
Agency: Lynn Tominaga/Sherl Chapman, Idaho Water Users Association
Phone: 344-6690
STATEMENT OF PURPOSE/FISCAL NOTE S 1517