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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 - 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.
|||| 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,".
|||| 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
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