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