2002 Legislation
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HOUSE BILL NO. 566 – Canal/lateral/drain, interference

HOUSE BILL NO. 566

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN 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, or  any  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 OF LATERAL DITCH, CANAL, LATERAL, DRAIN OR BURIED IRRIGA-
 38    TION CONDUIT. Where any lateral ditch, 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 said lateral ditch, 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 such lat-
  6    eral ditch, 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 the ditch owner 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 the ditch owner.
 19        In the event that the ditch, lateral, buried irrigation conduit, or  canal
 20    is  owned  by  an organized irrigation district, canal company, ditch associa-
 21    tion, or other irrigation entity, tThe written permission of the entity  owner
 22    of  a  ditch, canal, lateral, drain or buried irrigation conduit must first be
 23    obtained before a ditch, lateral, buried irrigation conduit, or  canal  it  is
 24    changed or placed in buried pipe by the landowner.
 25        While  a ditch the owner of a ditch, canal, lateral, drain or buried irri-
 26    gation  conduit shall have no right to relocate his ditch it on  the  property
 27    of  another  without  permission, a ditch, canal, lateral or drain owner shall
 28    have the right to place his ditch it 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 the ditch conduit 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 that supplies
 47    water to owns 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 a lateral ditch, 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 OF LATERAL DITCH, CANAL, LATERAL, DRAIN OR BURIED IRRIGA-
  3    TION CONDUIT. Where any lateral ditch, 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 said  lateral  ditch,
  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 such lateral ditch, 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 the ditch owner 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 the ditch owner.
 23        In the event that the ditch, lateral, buried irrigation conduit, or  canal
 24    is  owned  by  an organized irrigation district, canal company, ditch associa-
 25    tion, or other irrigation entity, tThe written permission of the entity  owner
 26    of  a  ditch, canal, lateral, drain or buried irrigation conduit must first be
 27    obtained before a ditch, lateral, buried irrigation conduit, or  canal  it  is
 28    changed or placed in buried pipe by the landowner.
 29        While  a ditch the owner of a ditch, canal, lateral, drain or buried irri-
 30    gation conduit shall have no right to relocate his ditch it on the property of
 31    another without permission, a ditch, canal, lateral or drain owner shall  have
 32    the  right  to  place  his ditch it 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 the ditch conduit 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 that supplies
 51    water to owns 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.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved 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,".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN 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 OF LATERAL DITCH, CANAL, LATERAL, DRAIN OR BURIED IRRIGA-
 37    TION  CONDUIT. Where any lateral ditch, 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 said lateral ditch, 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 such  lat-
  5    eral  ditch, 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 the ditch owner 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 the ditch owner.
 18        In  the event that the ditch, lateral, buried irrigation conduit, or canal
 19    is owned by an organized irrigation district, canal  company,  ditch  associa-
 20    tion,  or other irrigation entity, tThe written permission of the entity owner
 21    of a ditch, canal, lateral, drain or buried irrigation conduit must  first  be
 22    obtained  before  a  ditch, lateral, buried irrigation conduit, or canal it is
 23    changed or placed in buried pipe by the landowner.
 24        While a ditch the owner of a ditch, canal, lateral, drain or buried  irri-
 25    gation   conduit  shall have no right to relocate his ditch it on the property
 26    of another without permission, a ditch, canal, lateral or  drain  owner  shall
 27    have  the  right to place his ditch it 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 the ditch conduit 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  that  supplies
 46    water  to  owns 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 a lateral ditch, 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 OF LATERAL DITCH, CANAL, LATERAL, DRAIN OR BURIED IRRIGA-
  2    TION CONDUIT. Where any lateral ditch, 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 said lateral ditch,
  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 such lateral ditch, 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 the ditch owner 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 the ditch owner.
 22        In  the event that the ditch, lateral, buried irrigation conduit, or canal
 23    is owned by an organized irrigation district, canal  company,  ditch  associa-
 24    tion,  or other irrigation entity, tThe written permission of the entity owner
 25    of a ditch, canal, lateral, drain or buried irrigation conduit must  first  be
 26    obtained  before  a  ditch, lateral, buried irrigation conduit, or canal it is
 27    changed or placed in buried pipe by the landowner.
 28        While a ditch the owner of a ditch, canal, lateral, drain or buried  irri-
 29    gation conduit shall have no right to relocate his ditch it on the property of
 30    another  without permission, a ditch, canal, lateral or drain owner shall have
 31    the right to place his ditch it 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 the ditch conduit 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  that  supplies
 50    water to owns 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 / Fiscal Impact



                       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