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H0565aa,aa....................................by RESOURCES AND CONSERVATION
DITCHES - CANALS - Amends existing law to make recreational use of ditches,
canals, laterals and drains a misdemeanor where such use is prohibited by
the owner or managing agent; and to provide that such ditches, canals,
laterals and drains are not navigable streams.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to Res/Con
02/28 Rpt out - to Gen Ord
Rpt out amen - to engros
03/01 Rpt engros - 1st rdg - to 2nd rdg as amen
To Gen Ord
03/05 Rpt out amen - to engros
03/06 Rpt engros - 1st rdg - to 2nd rdg as amen
03/06 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 60-6-4
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Collins,
Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gould, Hammond, Henbest, Higgins, Hornbeck, Jaquet, Jones,
Kellogg(Duncan), Kunz, Lake, Langford, Loertscher, Mader, Martinez,
Meyer, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Schaefer, Shepherd, Smith(33), Smylie,
Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- Hadley, Harwood, Kendell, McKague, Sali, Smith(23)
Absent and excused -- Clark, Gagner, Montgomery, Sellman
Floor Sponsor - Moyle
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Res/Env
03/14 Rpt out - to 14th Ord
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 565
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO THE USE OF DITCHES, CANALS AND DRAINS; AMENDING CHAPTER 43, TITLE
3 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-4311, IDAHO CODE, TO
4 PROHIBIT THE USE OF DITCHES, CANALS AND DRAINS WITHOUT EXPRESS CONSENT OR
5 AUTHORITY; AND AMENDING SECTION 36-1601, IDAHO CODE, TO PROVIDE THAT
6 DITCHES, CANALS AND DRAINS ARE NOT NAVIGABLE STREAMS AND TO PROVIDE THAT
7 RECREATIONAL USE IS NOT AUTHORIZED AND TO MAKE A TECHNICAL CORRECTION.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 43, Title 18, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 18-4311, Idaho Code, and to read as follows:
12 18-4311. THIRD PARTY USE OF DITCHES, CANALS AND DRAINS. Any person or
13 persons who shall, without the express consent or authority of the owner or
14 managing agent, swim, wade, boat, float, dive, play within the water, or con-
15 duct any other activity within the inside slopes of a ditch, canal or drain
16 that is the property of another person, irrigation district, drainage dis-
17 trict, canal company, corporation or association of persons, shall be guilty
18 of a misdemeanor.
19 SECTION 2. That Section 36-1601, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 36-1601. PUBLIC WATERS -- HIGHWAYS FOR RECREATION. (a) Navigable Streams
22 Defined. Any stream which, in its natural state, during normal high water,
23 will float cut timber having a diameter in excess of six (6) inches or any
24 other commercial or floatable commodity or is capable of being navigated by
25 oar or motor propelled small craft for pleasure or commercial purposes is nav-
26 igable. Ditches, canals and drains that are used for irrigation or drainage
27 purposes are not navigable streams.
28 (b) Recreational Use Authorized. Navigable rivers, sloughs or streams
29 within the meander lines or, when not meandered, between the flow lines of
30 ordinary high water thereof, and all rivers, sloughs and streams flowing
31 through any public lands of the state shall be open to public use as a public
32 highway for travel and passage, up or downstream, for business or pleasure,
33 and to exercise the incidents of navigation -- boating, swimming, fishing,
34 hunting and all recreational purposes. Recreational use is not authorized in
35 any ditch, canal or drain that is used for irrigation or drainage purposes.
36 (c) Access Limited to Navigable Stream. Nothing herein contained shall
37 authorize the entering on or crossing over private land at any point other
38 than within the high water lines of navigable streams except that where irri-
39 gation dams or other obstructions interfere with the navigability of a stream,
40 members of the public may remove themselves and their boats, floats, canoes or
41 other floating crafts from the stream and walk or portage such crafts around
2
1 said obstruction re-entering reentering the stream immediately below such
2 obstruction at the nearest point where it is safe to do so.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Stevenson
Seconded by Wheeler
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 565, As Amended
1 AMENDMENT TO SECTION 1
2 On page 1 of the engrossed bill, in line 16, following "owner" insert: "or
3 managing agent".
4 CORRECTION TO TITLE
5 On page 1, in line 5, following "OWNER" insert: "OR MANAGING AGENT".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 565, As Amended, As Amended
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO THE USE OF DITCHES, CANALS, LATERALS AND DRAINS; AMENDING CHAPTER
3 43, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-4311, IDAHO
4 CODE, TO MAKE RECREATIONAL USE OF DITCHES, CANALS, LATERALS AND DRAINS A
5 MISDEMEANOR WHERE SUCH USE IS PROHIBITED BY THE OWNER OR MANAGING AGENT;
6 AND AMENDING SECTION 36-1601, IDAHO CODE, TO PROVIDE THAT DITCHES, CANALS,
7 LATERALS AND DRAINS ARE NOT NAVIGABLE STREAMS AND TO MAKE A TECHNICAL COR-
8 RECTION.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Chapter 43, Title 18, Idaho Code, be, and the same is
11 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
12 ignated as Section 18-4311, Idaho Code, and to read as follows:
13 18-4311. RECREATIONAL USE OF DITCHES, CANALS, LATERALS AND DRAINS. It
14 shall be a misdemeanor for any person or persons to swim, wade, raft, tube,
15 water ski, boat, float, dive, play, or conduct any other recreational use
16 within the water inside slopes of a ditch, canal, lateral or drain when the
17 owner or managing agent of the ditch, canal, lateral or drain prohibits such
18 use and either posts notice of the prohibition on signs spaced at intervals of
19 not less than one (1) per six hundred sixty (660) feet along such ditch,
20 canal, lateral or drain, or publishes notice of the prohibition in a newspaper
21 having general circulation in the county in which the ditch, canal, lateral or
22 drain is located at least once a week for four (4) consecutive weeks and files
23 such published notice with the county clerk.
24 SECTION 2. That Section 36-1601, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 36-1601. PUBLIC WATERS -- HIGHWAYS FOR RECREATION. (a) Navigable Streams
27 Defined. Any stream which, in its natural state, during normal high water,
28 will float cut timber having a diameter in excess of six (6) inches or any
29 other commercial or floatable commodity or is capable of being navigated by
30 oar or motor propelled small craft for pleasure or commercial purposes is nav-
31 igable. Ditches, canals, laterals and drains that are constructed and used for
32 irrigation or drainage purposes are not navigable streams.
33 (b) Recreational Use Authorized. Navigable rivers, sloughs or streams
34 within the meander lines or, when not meandered, between the flow lines of
35 ordinary high water thereof, and all rivers, sloughs and streams flowing
36 through any public lands of the state shall be open to public use as a public
37 highway for travel and passage, up or downstream, for business or pleasure,
38 and to exercise the incidents of navigation -- boating, swimming, fishing,
39 hunting and all recreational purposes.
40 (c) Access Limited to Navigable Stream. Nothing herein contained shall
41 authorize the entering on or crossing over private land at any point other
2
1 than within the high water lines of navigable streams except that where irri-
2 gation dams or other obstructions interfere with the navigability of a stream,
3 members of the public may remove themselves and their boats, floats, canoes or
4 other floating crafts from the stream and walk or portage such crafts around
5 said obstruction re-entering reentering the stream immediately below such
6 obstruction at the nearest point where it is safe to do so.
REPRINT REPRINT REPRINT REPRINT
STATEMENT OF PURPOSE
RS 11836A1
The amendment would clarify that the use of ditches, canals,
laterals and drains for recreation would be prohibited only if
such use is prohibited by the owner of the ditch, canal, lateral
or drain and notice is provided to the public through posted notices
or newspaper publication and recordation with the county.
FISCAL IMPACT
None.
Contact
Name: Norm Semanko, Idaho Water Users Association
Phone: (208) 344-6690
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. 565