2003 Legislation
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HOUSE BILL NO. 125 – Ditches/canals, recreational use

HOUSE BILL NO. 125

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Daily Data Tracking History



H0125aa..........................................by RESOURCES AND CONSERVATION
DITCHES/CANALS - RECREATIONAL USE - Adds to and amends existing law to make
recreational use of ditches, canals, laterals and drains an infraction where
such use is prohibited by the owner; and to provide that ditches, canals,
laterals and drains are not classified as navigable streams.
                                                                        
01/28    House intro - 1st rdg - to printing
01/29    Rpt prt - to Res/Con
02/18    Rpt out - to Gen Ord
02/19    Rpt out amen - to engros
02/20    Rpt engros - 1st rdg - to 2nd rdg as amen
02/21    2nd rdg - to 3rd rdg as amen
02/27    3rd rdg as amen - PASSED - 64-3-3
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kulczyk,
      Lake, Langford, Langhorst, McGeachin, McKague, Meyer, Miller, Mitchell,
      Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Roberts, Robison,
      Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Wills, Wood, Mr.
      Speaker
      NAYS -- Eberle, Martinez, Ringo
      Absent and excused -- Bradford, Kellogg, Trail
    Floor Sponsor - Raybould
    Title apvd - to Senate
02/28    Senate intro - 1st rdg - to Res/Env
03/17    Rpt out - rec d/p - to 2nd rdg
03/19    2nd rdg - to 3rd rdg
03/20    3rd rdg - FAILED - 7-27-1
      AYES -- Burtenshaw, Keough, Marley, Noh, Pearce, Richardson, Williams
      NAYS -- Andreason, Bailey, Bunderson, Burkett, Calabretta(Wilson),
      Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Little, Lodge, Malepeai, McKenzie, McWilliams, Noble,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk
      Absent and excused -- Brandt
    Floor Sponsor - Noh
    Ret'd to House
03/21    Filed w/Office of the Chief Clerk

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 125
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO USE OF DITCHES, CANALS, LATERALS AND DRAINS; AMENDING CHAPTER  43,
  3        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  AN
  5        INFRACTION WHERE SUCH USE IS PROHIBITED BY THE OWNER; AND AMENDING SECTION
  6        36-1601,  IDAHO CODE, TO PROVIDE THAT DITCHES, CANALS, LATERALS AND DRAINS
  7        ARE NOT CLASSIFIED AS NAVIGABLE STREAMS.
                                                                        
  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.  RECREATIONAL USE OF DITCHES, CANALS,  LATERALS  AND  DRAINS.  It
 13    shall  be  an  infraction for any person to swim, wade, raft, tube, water ski,
 14    boat, float, dive, play or conduct any other water-based recreational  use  of
 15    water  within  the  inside slopes of a ditch, canal, lateral or drain when the
 16    owner or managing agent of the ditch, canal, lateral or drain  prohibits  such
 17    use  and  provides  notice of such prohibition to the sheriff of the county or
 18    the police department of the city in which the ditch, canal, lateral or  drain
 19    is  located,  and the person has actual notice of the prohibition or the owner
 20    or managing agent posts notice of the prohibition on signs spaced at intervals
 21    of not less than one (1) per six hundred sixty (660) feet  along  such  ditch,
 22    canal, lateral or drain.
                                                                        
 23        SECTION  2.  That  Section 36-1601, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        36-1601.  PUBLIC WATERS -- HIGHWAYS FOR RECREATION. (a) Navigable  Streams
 26    Defined.  Any  stream  which,  in its natural state, during normal high water,
 27    will float cut timber having a diameter in excess of six  (6)  inches  or  any
 28    other  commercial  or  floatable commodity or is capable of being navigated by
 29    oar or motor propelled small craft for pleasure or commercial purposes is nav-
 30    igable. Ditches, canals, laterals and drains that are constructed and used for
 31    irrigation or drainage purposes are not navigable streams.
 32        (b)  Recreational Use Authorized. Navigable  rivers,  sloughs  or  streams
 33    within  the  meander  lines  or, when not meandered, between the flow lines of
 34    ordinary high water thereof, and  all  rivers,  sloughs  and  streams  flowing
 35    through  any public lands of the state shall be open to public use as a public
 36    highway for travel and passage, up or downstream, for  business  or  pleasure,
 37    and  to  exercise  the  incidents of navigation -- boating, swimming, fishing,
 38    hunting and all recreational purposes.
 39        (c)  Access Limited to Navigable Stream. Nothing  herein  contained  shall
 40    authorize  the  entering  on  or crossing over private land at any point other
 41    than within the high water lines of navigable streams except that where  irri-
                                                                        
                                           2
                                                                        
  1    gation dams or other obstructions interfere with the navigability of a stream,
  2    members of the public may remove themselves and their boats, floats, canoes or
  3    other  floating  crafts from the stream and walk or portage such crafts around
  4    said obstruction re-entering the stream immediately below such obstruction  at
  5    the nearest point where it is safe to do so.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved by    Stevenson           
                                                                        
                                                     Seconded by Wood                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 125
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, in line 14, following "water-based" insert:
  3    ", contact".
                                                     Moved by    Raybould            
                                                                        
                                                     Seconded by Moyle               
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 125
                                                                        
  4                                AMENDMENT TO SECTION 1
  5        On page 1 of the printed bill, in line 15, following "drain" insert: ", or
  6    portion thereof,".

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


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 125, As Amended
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO USE OF DITCHES, CANALS, LATERALS AND DRAINS; AMENDING CHAPTER  43,
  3        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  AN
  5        INFRACTION WHERE SUCH USE IS PROHIBITED BY THE OWNER; AND AMENDING SECTION
  6        36-1601,  IDAHO CODE, TO PROVIDE THAT DITCHES, CANALS, LATERALS AND DRAINS
  7        ARE NOT CLASSIFIED AS NAVIGABLE STREAMS.
                                                                        
  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.  RECREATIONAL USE OF DITCHES, CANALS,  LATERALS  AND  DRAINS.  It
 13    shall  be  an  infraction for any person to swim, wade, raft, tube, water ski,
 14    boat, float, dive, play or conduct any other water-based, contact recreational
 15    use of water within the inside slopes of a ditch, canal, lateral or drain,  or
 16    portion thereof, when the owner or managing agent of the ditch, canal, lateral
 17    or  drain  prohibits  such  use and provides notice of such prohibition to the
 18    sheriff of the county or the police department of the city in which the ditch,
 19    canal, lateral or drain is located, and the person has actual  notice  of  the
 20    prohibition  or the owner or managing agent posts notice of the prohibition on
 21    signs spaced at intervals of not less than one (1) per six hundred sixty (660)
 22    feet along such ditch, canal, lateral or drain.
                                                                        
 23        SECTION 2.  That Section 36-1601, Idaho Code, be, and the same  is  hereby
 24    amended to read as follows:
                                                                        
 25        36-1601.  PUBLIC  WATERS -- HIGHWAYS FOR RECREATION. (a) Navigable Streams
 26    Defined. Any stream which, in its natural state,  during  normal  high  water,
 27    will  float  cut  timber  having a diameter in excess of six (6) inches or any
 28    other commercial or floatable commodity or is capable of  being  navigated  by
 29    oar or motor propelled small craft for pleasure or commercial purposes is nav-
 30    igable. Ditches, canals, laterals and drains that are constructed and used for
 31    irrigation or drainage purposes are not navigable streams.
 32        (b)  Recreational  Use  Authorized.  Navigable  rivers, sloughs or streams
 33    within the meander lines or, when not meandered, between  the  flow  lines  of
 34    ordinary  high  water  thereof,  and  all  rivers, sloughs and streams flowing
 35    through any public lands of the state shall be open to public use as a  public
 36    highway  for  travel  and passage, up or downstream, for business or pleasure,
 37    and to exercise the incidents of navigation  --  boating,  swimming,  fishing,
 38    hunting and all recreational purposes.
 39        (c)  Access  Limited  to  Navigable Stream. Nothing herein contained shall
 40    authorize the entering on or crossing over private land  at  any  point  other
 41    than  within the high water lines of navigable streams except that where irri-
                                                                        
                                           2
                                                                        
  1    gation dams or other obstructions interfere with the navigability of a stream,
  2    members of the public may remove themselves and their boats, floats, canoes or
  3    other floating crafts from the stream and walk or portage such  crafts  around
  4    said  obstruction re-entering the stream immediately below such obstruction at
  5    the nearest point where it is safe to do so.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 12708
The amendment would clarify that the use of ditches, canals,
laterals and drains for water-based recreation would be
prohibited only if such use is prohibited by the owner, or
managing agent of the ditch, canal, lateral or drain and notice
is provided to the public through actual or posted notice.
                          FISCAL IMPACT

None.

Contact
Name: Norm M. Semanko, Idaho Water Users Association 
Phone: (208) 344-6690




STATEMENT OF PURPOSE/FISCAL NOTE                          H 125