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
|||| 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.
|||| 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