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H0566aaS......................................by RESOURCES AND CONSERVATION CANALS - LATERALS - DRAINS - Amends existing law relating to control of ditches to update terminology to include references to ditches, canals, laterals and drains; to prohibit interference, injuries or changes; and to permit burial of a conduit. 02/06 House intro - 1st rdg - to printing 02/07 Rpt prt - to Res/Con 02/12 Rpt out - rec d/p - to 2nd rdg 02/13 2nd rdg - to 3rd rdg 02/15 3rd rdg - PASSED - 61-0-9 AYES -- Aikele, Barraclough, Barrett, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kunz, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Shepherd, Smith(33), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Young NAYS -- None Absent and excused -- Bedke, Crow, Gould, Kendell, Lake, Sellman, Smith(23), Wood, Mr. Speaker Floor Sponsor - Campbell Title apvd - to Senate 02/18 Senate intro - 1st rdg - to Res/Env 03/11 Rpt out - to 14th Ord Rpt out amen - to 1st rdg as amen 03/12 1st rdg - to 2nd rdg as amen 03/13 2nd rdg - to 3rd rdg as amen Rls susp - PASSED - 34-1-0 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- Ingram Absent and excused -- None Floor Sponsors - Burtenshaw & Stennett Title apvd - to House 03/14 House concurred in Senate amens - to engros 03/15 Rpt engros - 1st rdg - to 2nd rdg as amen Rls susp - PASSED - 66-0-4 AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gould, Hadley, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Montgomery, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- None Absent and excused -- Gagner, Hammond, Meyer, Mortensen Floor Sponsor - Campbell Title apvd To enrol - rpt enrol - Sp/Pres signed 03/15 To Governor 03/20 Governor signed Session Law Chapter 115 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 566 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO CONTROL OF DITCHES, CANALS, LATERALS AND DRAINS; AMENDING SECTION 3 18-4301, IDAHO CODE, TO EXTEND PROHIBITION ON INTERFERENCE WITH DITCHES 4 AND CANALS TO LATERALS AND DRAINS; AMENDING SECTION 18-4306, IDAHO CODE, 5 TO EXTEND PENALTIES FOR INJURIES TO CANALS, LATERALS AND DRAINS WHICH 6 APPLY TO INJURIES TO DITCHES; AMENDING SECTION 18-4308, IDAHO CODE, TO 7 PROVIDE FOR CHANGE OR BURIAL OF CANALS, LATERALS, AND DRAINS; AND AMENDING 8 SECTION 42-1207, IDAHO CODE, TO PROVIDE FOR CHANGE OR BURIAL OF CANALS, 9 LATERALS AND DRAINS. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 18-4301, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 18-4301. INTERFERENCE WITH DITCHES, CANALS, LATERALS, DRAINS OR RESER- 14 VOIRS. Every person who shall, without authority of the owner or managing 15 agent, and with intent to defraud, take water from any canal, ditch, lateral, 16 drain, flume or reservoir, used for the purpose of holding, draining or con- 17 veying water for manufacturing, agricultural, mining, or domestic uses, or who 18 shall, without like authority, raise, lower, or otherwise disturb, any gate or 19 other appurtenance thereof used for the control or measurement of water, or 20 who shall empty or place, or cause to be emptied or placed, into any such 21 canal, ditch, lateral, drain, flume, or reservoir, any rubbish, filth, or 22 obstruction to the free flow of water, is guilty of a misdemeanor. 23 SECTION 2. That Section 18-4306, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 18-4306. INJURIES TO DITCHES, CANALS, LATERALS, DRAINS AND APPURTENANCES. 26 Any person or persons, who shall cut, break, damage, or in any way interfere 27 with any ditch, canal, lateral, drain, headgate,orany other works in or 28 appurtenant thereto, or cut, break, damage or in any way interfere with the 29 bank of any ditch, canal, lateral or drain, the property of another person, 30 irrigation district, drainage district, canal company, corporation, or associ- 31 ation of persons, and whereby water is conducted to any place for beneficial 32 use or purposes, and when said canal, headgate, ditch, lateral, drain, dam, or 33 appurtenance is being used or is to be used for said conduct or drainage of 34 water, shall be guilty of a misdemeanor. 35 SECTION 3. That Section 18-4308, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 18-4308. CHANGE OFLATERALDITCH, CANAL, LATERAL, DRAIN OR BURIED IRRIGA- 38 TION CONDUIT. Where anylateralditch, canal, lateral or drain has heretofore 39 been, or may hereafter be, constructed across or beneath the lands of another, 2 1 the person or persons owning or controlling the said land, shall have the 2 right at his own expense to change saidlateralditch, canal, lateral, drain 3 or buried irrigation conduit to any other part of said land, but such change 4 must be made in such a manner as not to impede the flow of the water therein, 5 or to otherwise injure any person or persons using or interested in suchlat-6eralditch, canal, lateral, drain or buried irrigation conduit. Any increased 7 operation and maintenance shall be the responsibility of the landowner who 8 makes the change. 9 A landowner shall also have the right to bury the ditch, canal, lateral or 10 drain of another in pipe on the landowner's property, provided that the pipe, 11 installation and backfill reasonably meet standard specifications for such 12 materials and construction, as set forth in the Idaho standards for public 13 works construction or other standards recognized by the city or county in 14 which the burying is to be done. The right and responsibility for operation 15 and maintenance shall remain with theditchowner of the ditch, canal, lateral 16 or drain, but the landowner shall be responsible for any increased operation 17 and maintenance costs, including rehabilitation and replacement, unless other- 18 wise agreed in writing with theditchowner. 19In the event that the ditch, lateral, buried irrigation conduit, or canal20is owned by an organized irrigation district, canal company, ditch associa-21tion, or other irrigation entity, tThe written permission of theentityowner 22 of a ditch, canal, lateral, drain or buried irrigation conduit must first be 23 obtained beforea ditch, lateral, buried irrigation conduit, or canalit is 24 changed or placed in buried pipe by the landowner. 25 Whilea ditchthe owner of a ditch, canal, lateral, drain or buried irri- 26 gation conduit shall have no right to relocatehis ditchit on the property 27 of another without permission, a ditch, canal, lateral or drain owner shall 28 have the right to placehis ditchit in a buried conduit within the easement 29 or right-of-way on the property of another in accordance with standard speci- 30 fications for pipe, materials, installation and backfill, as set forth in the 31 Idaho standards for public works construction or other standards recognized by 32 the city or county in which the burying is to be done, and so long as the pipe 33 and the construction is accomplished in a manner that the surface of the 34 owner's property and the owner's use thereof is not disrupted and is restored 35 to the condition of adjacent property as expeditiously as possible, but not to 36 exceed five (5) days after the start of construction. A landowner shall have 37 the right to direct that the conduit be relocated to a different route than 38 the route of the ditch, canal, lateral or drain, provided that the landowner 39 shall agree in writing to be responsible for any increased construction or 40 future maintenance costs necessitated by said relocation. Maintenance of the 41 buried conduit shall be the responsibility of theditchconduit owner. 42 No more than five (5) days after the start of construction, a landowner or 43 ditch owner who buries a ditch, canal, lateral or drain in pipe shall record 44 the location and specifications of the buried irrigation or drainage conduit, 45 including primary and secondary easements, in the county in which the burying 46 is done, and shall provide the irrigation or drainage entity thatsupplies47water toowns the ditch, canal, lateral, or drain, with a copy of such loca- 48 tion and specifications and the construction plans utilized. The irrigation or 49 drainage entity shall keep and maintain such records and have them available 50 for the public. 51 Any person or persons who relocate or bury alateralditch, canal, lateral 52 or drain contrary to the provisions of this section shall be guilty of a mis- 53 demeanor. 54 SECTION 4. That Section 42-1207, Idaho Code, be, and the same is hereby 3 1 amended to read as follows: 2 42-1207. CHANGE OFLATERALDITCH, CANAL, LATERAL, DRAIN OR BURIED IRRIGA- 3 TION CONDUIT. Where anylateralditch, canal, lateral or drain or buried irri- 4 gation conduit has heretofore been, or may hereafter be, constructed across or 5 beneath the lands of another, the person or persons owning or controlling said 6 land shall have the right at their own expense to change saidlateralditch, 7 canal, lateral or drain or buried irrigation conduit to any other part of said 8 land, but such change must be made in such a manner as not to impede the flow 9 of the water therein, or to otherwise injure any person or persons using or 10 interested in suchlateralditch, canal, lateral or drain or buried irrigation 11 conduit. Any increased operation and maintenance shall be the responsibility 12 of the landowner who makes the change. 13 A landowner shall also have the right to bury the ditch, canal, lateral or 14 drain of another in pipe on the landowner's property, provided that the pipe, 15 installation and backfill reasonably meet standard specifications for such 16 materials and construction, as set forth in the Idaho standards for public 17 works construction or other standards recognized by the city or county in 18 which the burying is to be done. The right and responsibility for operation 19 and maintenance shall remain with theditchowner of the ditch, canal, lateral 20 or drain, but the landowner shall be responsible for any increased operation 21 and maintenance costs, including rehabilitation and replacement, unless other- 22 wise agreed in writing with theditchowner. 23In the event that the ditch, lateral, buried irrigation conduit, or canal24is owned by an organized irrigation district, canal company, ditch associa-25tion, or other irrigation entity, tThe written permission of theentityowner 26 of a ditch, canal, lateral, drain or buried irrigation conduit must first be 27 obtained beforea ditch, lateral, buried irrigation conduit, or canalit is 28 changed or placed in buried pipe by the landowner. 29 Whilea ditchthe owner of a ditch, canal, lateral, drain or buried irri- 30 gation conduit shall have no right to relocatehis ditchit on the property of 31 another without permission, a ditch, canal, lateral or drain owner shall have 32 the right to placehis ditchit in a buried conduit within the easement or 33 right-of-way on the property of another in accordance with standard specifica- 34 tions for pipe, materials, installation and backfill, as set forth in the 35 Idaho standards for public works construction or other standards recognized by 36 the city or county in which the burying is to be done, and so long as the pipe 37 and the construction is accomplished in a manner that the surface of the 38 owner's property and the owner's use thereof is not disrupted and is restored 39 to the condition of adjacent property as expeditiously as possible, but not to 40 exceed five (5) days after the start of construction. A landowner shall have 41 the right to direct that the conduit be relocated to a different route than 42 the route of the ditch, canal, lateral or drain, provided that the landowner 43 shall agree in writing to be responsible for any increased construction or 44 future maintenance costs necessitated by said relocation. Maintenance of the 45 buried conduit shall be the responsibility of theditchconduit owner. 46 No more than five (5) days after the start of construction, a landowner or 47 ditch owner who buries a ditch, canal, lateral, or drain in pipe shall record 48 the location and specifications of the buried irrigation or drainage conduit, 49 including primary and secondary easements, in the county in which the burying 50 is done, and shall provide the irrigation or drainage entity thatsupplies51water toowns the ditch, canal, lateral or drain, with a copy of such location 52 and specifications and the construction plans utilized. The irrigation or 53 drainage entity shall keep and maintain such records and have them available 54 for the public.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved by Burtenshaw Seconded by Stennett IN THE SENATE SENATE AMENDMENT TO H.B. NO. 566 1 AMENDMENTS TO SECTION 2 2 On page 1 of the printed bill, in line 26, following "shall" insert: 3 "willfully"; in line 27, delete "or" and insert: "or"; and in line 28, fol- 4 lowing "thereto," delete the remainder of the line and in line 29, delete 5 "bank of any ditch, canal, lateral or drain,".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 566, As Amended in the Senate BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO CONTROL OF DITCHES, CANALS, LATERALS AND DRAINS; AMENDING SECTION 3 18-4301, IDAHO CODE, TO EXTEND PROHIBITION ON INTERFERENCE WITH DITCHES 4 AND CANALS TO LATERALS AND DRAINS; AMENDING SECTION 18-4306, IDAHO CODE, 5 TO EXTEND PENALTIES FOR INJURIES TO CANALS, LATERALS AND DRAINS WHICH 6 APPLY TO INJURIES TO DITCHES; AMENDING SECTION 18-4308, IDAHO CODE, TO 7 PROVIDE FOR CHANGE OR BURIAL OF CANALS, LATERALS, AND DRAINS; AND AMENDING 8 SECTION 42-1207, IDAHO CODE, TO PROVIDE FOR CHANGE OR BURIAL OF CANALS, 9 LATERALS AND DRAINS. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 18-4301, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 18-4301. INTERFERENCE WITH DITCHES, CANALS, LATERALS, DRAINS OR RESER- 14 VOIRS. Every person who shall, without authority of the owner or managing 15 agent, and with intent to defraud, take water from any canal, ditch, lateral, 16 drain, flume or reservoir, used for the purpose of holding, draining or con- 17 veying water for manufacturing, agricultural, mining, or domestic uses, or who 18 shall, without like authority, raise, lower, or otherwise disturb, any gate or 19 other appurtenance thereof used for the control or measurement of water, or 20 who shall empty or place, or cause to be emptied or placed, into any such 21 canal, ditch, lateral, drain, flume, or reservoir, any rubbish, filth, or 22 obstruction to the free flow of water, is guilty of a misdemeanor. 23 SECTION 2. That Section 18-4306, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 18-4306. INJURIES TO DITCHES, CANALS, LATERALS, DRAINS AND APPURTENANCES. 26 Any person or persons, who shall willfully cut, break, damage, or in any way 27 interfere with any ditch, canal, lateral, drain, headgate, or any other works 28 in or appurtenant thereto, the property of another person, irrigation dis- 29 trict, drainage district, canal company, corporation, or association of per- 30 sons, and whereby water is conducted to any place for beneficial use or pur- 31 poses, and when said canal, headgate, ditch, lateral, drain, dam, or appurte- 32 nance is being used or is to be used for said conduct or drainage of water, 33 shall be guilty of a misdemeanor. 34 SECTION 3. That Section 18-4308, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 18-4308. CHANGE OFLATERALDITCH, CANAL, LATERAL, DRAIN OR BURIED IRRIGA- 37 TION CONDUIT. Where anylateralditch, canal, lateral or drain has heretofore 38 been, or may hereafter be, constructed across or beneath the lands of another, 39 the person or persons owning or controlling the said land, shall have the 2 1 right at his own expense to change saidlateralditch, canal, lateral, drain 2 or buried irrigation conduit to any other part of said land, but such change 3 must be made in such a manner as not to impede the flow of the water therein, 4 or to otherwise injure any person or persons using or interested in suchlat-5eralditch, canal, lateral, drain or buried irrigation conduit. Any increased 6 operation and maintenance shall be the responsibility of the landowner who 7 makes the change. 8 A landowner shall also have the right to bury the ditch, canal, lateral or 9 drain of another in pipe on the landowner's property, provided that the pipe, 10 installation and backfill reasonably meet standard specifications for such 11 materials and construction, as set forth in the Idaho standards for public 12 works construction or other standards recognized by the city or county in 13 which the burying is to be done. The right and responsibility for operation 14 and maintenance shall remain with theditchowner of the ditch, canal, lateral 15 or drain, but the landowner shall be responsible for any increased operation 16 and maintenance costs, including rehabilitation and replacement, unless other- 17 wise agreed in writing with theditchowner. 18In the event that the ditch, lateral, buried irrigation conduit, or canal19is owned by an organized irrigation district, canal company, ditch associa-20tion, or other irrigation entity, tThe written permission of theentityowner 21 of a ditch, canal, lateral, drain or buried irrigation conduit must first be 22 obtained beforea ditch, lateral, buried irrigation conduit, or canalit is 23 changed or placed in buried pipe by the landowner. 24 Whilea ditchthe owner of a ditch, canal, lateral, drain or buried irri- 25 gation conduit shall have no right to relocatehis ditchit on the property 26 of another without permission, a ditch, canal, lateral or drain owner shall 27 have the right to placehis ditchit in a buried conduit within the easement 28 or right-of-way on the property of another in accordance with standard speci- 29 fications for pipe, materials, installation and backfill, as set forth in the 30 Idaho standards for public works construction or other standards recognized by 31 the city or county in which the burying is to be done, and so long as the pipe 32 and the construction is accomplished in a manner that the surface of the 33 owner's property and the owner's use thereof is not disrupted and is restored 34 to the condition of adjacent property as expeditiously as possible, but not to 35 exceed five (5) days after the start of construction. A landowner shall have 36 the right to direct that the conduit be relocated to a different route than 37 the route of the ditch, canal, lateral or drain, provided that the landowner 38 shall agree in writing to be responsible for any increased construction or 39 future maintenance costs necessitated by said relocation. Maintenance of the 40 buried conduit shall be the responsibility of theditchconduit owner. 41 No more than five (5) days after the start of construction, a landowner or 42 ditch owner who buries a ditch, canal, lateral or drain in pipe shall record 43 the location and specifications of the buried irrigation or drainage conduit, 44 including primary and secondary easements, in the county in which the burying 45 is done, and shall provide the irrigation or drainage entity thatsupplies46water toowns the ditch, canal, lateral, or drain, with a copy of such loca- 47 tion and specifications and the construction plans utilized. The irrigation or 48 drainage entity shall keep and maintain such records and have them available 49 for the public. 50 Any person or persons who relocate or bury alateralditch, canal, lateral 51 or drain contrary to the provisions of this section shall be guilty of a mis- 52 demeanor. 53 SECTION 4. That Section 42-1207, Idaho Code, be, and the same is hereby 54 amended to read as follows: 3 1 42-1207. CHANGE OFLATERALDITCH, CANAL, LATERAL, DRAIN OR BURIED IRRIGA- 2 TION CONDUIT. Where anylateralditch, canal, lateral or drain or buried irri- 3 gation conduit has heretofore been, or may hereafter be, constructed across or 4 beneath the lands of another, the person or persons owning or controlling said 5 land shall have the right at their own expense to change saidlateralditch, 6 canal, lateral or drain or buried irrigation conduit to any other part of said 7 land, but such change must be made in such a manner as not to impede the flow 8 of the water therein, or to otherwise injure any person or persons using or 9 interested in suchlateralditch, canal, lateral or drain or buried irrigation 10 conduit. Any increased operation and maintenance shall be the responsibility 11 of the landowner who makes the change. 12 A landowner shall also have the right to bury the ditch, canal, lateral or 13 drain of another in pipe on the landowner's property, provided that the pipe, 14 installation and backfill reasonably meet standard specifications for such 15 materials and construction, as set forth in the Idaho standards for public 16 works construction or other standards recognized by the city or county in 17 which the burying is to be done. The right and responsibility for operation 18 and maintenance shall remain with theditchowner of the ditch, canal, lateral 19 or drain, but the landowner shall be responsible for any increased operation 20 and maintenance costs, including rehabilitation and replacement, unless other- 21 wise agreed in writing with theditchowner. 22In the event that the ditch, lateral, buried irrigation conduit, or canal23is owned by an organized irrigation district, canal company, ditch associa-24tion, or other irrigation entity, tThe written permission of theentityowner 25 of a ditch, canal, lateral, drain or buried irrigation conduit must first be 26 obtained beforea ditch, lateral, buried irrigation conduit, or canalit is 27 changed or placed in buried pipe by the landowner. 28 Whilea ditchthe owner of a ditch, canal, lateral, drain or buried irri- 29 gation conduit shall have no right to relocatehis ditchit on the property of 30 another without permission, a ditch, canal, lateral or drain owner shall have 31 the right to placehis ditchit in a buried conduit within the easement or 32 right-of-way on the property of another in accordance with standard specifica- 33 tions for pipe, materials, installation and backfill, as set forth in the 34 Idaho standards for public works construction or other standards recognized by 35 the city or county in which the burying is to be done, and so long as the pipe 36 and the construction is accomplished in a manner that the surface of the 37 owner's property and the owner's use thereof is not disrupted and is restored 38 to the condition of adjacent property as expeditiously as possible, but not to 39 exceed five (5) days after the start of construction. A landowner shall have 40 the right to direct that the conduit be relocated to a different route than 41 the route of the ditch, canal, lateral or drain, provided that the landowner 42 shall agree in writing to be responsible for any increased construction or 43 future maintenance costs necessitated by said relocation. Maintenance of the 44 buried conduit shall be the responsibility of theditchconduit owner. 45 No more than five (5) days after the start of construction, a landowner or 46 ditch owner who buries a ditch, canal, lateral, or drain in pipe shall record 47 the location and specifications of the buried irrigation or drainage conduit, 48 including primary and secondary easements, in the county in which the burying 49 is done, and shall provide the irrigation or drainage entity thatsupplies50water toowns the ditch, canal, lateral or drain, with a copy of such location 51 and specifications and the construction plans utilized. The irrigation or 52 drainage entity shall keep and maintain such records and have them available 53 for the public.
STATEMENT OF PURPOSE RS 11837C1 This legislation would extend the current prohibition on interference with ditches and canals to laterals and drains. Finally, it would provide for changes to ditches, canals, laterals and drains under certain circumstances. Violation of the provisions would result in a misdemeanor. FISCAL IMPACT None. Contact Name: Norm Semanko, Idaho Water Users Association Phone: (208) 344-6690 STATEMENT OF PURPOSE/FISCAL NOTE H 566