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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION
CHAPTER 13
LATERAL DITCH WATER USERS’ ASSOCIATIONS
42-1314. water delivery organizations — Repairs, improvements, and maintenance of laterals. (1) If a lateral water users’ association has not elected a board of directors or appointed a lateral manager pursuant to this chapter, any water user taking water from a lateral may authorize the water delivery organization providing water to the lateral to perform any necessary repairs, improvements, or maintenance to the lateral.
(2) The water delivery organization may perform the requested work only if the organization’s board has adopted a resolution authorizing the work.
(3) The water delivery organization shall have the same rights and privileges as the water user authorizing the work to enter the land across which the associated right-of-way extends to clean, maintain, repair, and perform such other work as may be done by the authorizing water user.
(4) By performing such work, the water delivery organization does not assume ownership of the lateral or incur liability for any injury to person or property caused by an act or omission of the authorizing water user.
(5) When such work has been authorized, the water delivery organization may assess the respective authorizing water user or users for the annual cost of any necessary repairs, improvements, or maintenance performed on the lateral, in addition to the assessments that are levied by the water delivery organization for the delivery of water to the water user or users, and the same provisions shall apply with regard to delinquent assessments as in the case of assessments levied by the water delivery organization for the delivery of water.
(6) Nothing in this section shall affect the authority of a lateral water users’ association from assessing its members for work authorized pursuant to this chapter.
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