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S1367..........................................by RESOURCES AND ENVIRONMENT IRRIGATION DELIVERY - Adds to existing law relating to lateral ditches to authorize repairs, improvements and maintenance by an irrigation delivery entity under conditions specified. 02/16 Senate intro - 1st rdg - to printing 02/17 Rpt prt - to Res/Env 02/24 Rpt out - rec d/p - to 2nd rdg 02/25 2nd rdg - to 3rd rdg 02/27 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk NAYS -- None Absent and excused -- Hill, Williams Floor Sponsors - Noh & Ingram Title apvd - to House 03/01 House intro - 1st rdg - to Res/Con 03/10 Rpt out - rec d/p - to 2nd rdg 03/11 2nd rdg - to 3rd rdg 03/16 3rd rdg - PASSED - 67-0-3 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shirley, Skippen, Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Eskridge, Shepherd, Snodgrass Floor Sponsor - Moyle Title apvd - to Senate 03/17 To enrol 03/18 Rpt enrol - Pres signed - Sp signed 03/19 To Governor 03/23 Governor signed Session Law Chapter 147 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1367 BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO LATERAL DITCHES; AMENDING CHAPTER 13, TITLE 42, IDAHO CODE, BY THE 3 ADDITION OF A NEW SECTION 42-1310, IDAHO CODE, TO AUTHORIZE REPAIRS, 4 IMPROVEMENTS AND MAINTENANCE BY AN IRRIGATION DELIVERY ENTITY UNDER CONDI- 5 TIONS SPECIFIED. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Chapter 13, Title 42, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 9 ignated as Section 42-1310, Idaho Code, and to read as follows: 10 42-1310. LATERAL DITCHES -- REPAIRS, IMPROVEMENTS AND MAINTENANCE BY 11 IRRIGATION DELIVERY ENTITIES. In the event that a water users' association of 12 lateral or laterals has not been constituted on a particular lateral or dis- 13 tributing ditch pursuant to this chapter, any individual water user taking 14 water from a canal or reservoir to be conveyed to their respective premises 15 for any distance through such lateral or distributing ditch may authorize the 16 irrigation delivery entity providing water to the lateral or ditch to perform 17 any necessary repairs, improvements, or maintenance to the lateral or ditch. 18 The irrigation delivery entity may agree to perform such work only if it has 19 duly adopted a bylaw authorizing such work to be done for its individual water 20 users, or adopts a resolution authorizing the work. In performing such work, 21 the irrigation delivery entity shall have the same rights and privileges to 22 enter the land across which the right-of-way extends, for the purposes of 23 cleaning, maintaining and repairing the lateral or ditch, and to perform such 24 work, as does the individual water user authorizing the work. By performing 25 such work, the irrigation delivery entity does not assume ownership of the 26 lateral or ditch, or responsibility for or incur liability for any injury to 27 person or property caused by an act or omission of the individual water user 28 authorizing the work, or of any other person. When such work has been autho- 29 rized, the irrigation entity shall assess the individual water user for the 30 annual cost of any necessary repairs, improvements, or maintenance performed 31 on the lateral or ditch, in addition to the assessments that are levied for 32 the delivery of water to the individual water user, and the same provisions 33 shall apply with regard to delinquent assessments as in the case of assess- 34 ments levied for the delivery of water. Nothing in this section shall affect 35 the authority of a water users' association of lateral or laterals from 36 assessing its members for work authorized under this chapter.
STATEMENT OF PURPOSE RS 14084 The purpose of this legislation is to authorize repairs, improvements and maintenance by an irrigation delivery entity in the event that a water users association of lateral or laterals has not been established on a particular lateral or distributing ditch. Any individual water user may authorize the irrigation delivery entity providing water to the lateral or ditch to perform necessary repairs, improvements and maintenance to the lateral or ditch. The irrigation entity can only perform such work if it has duly adopted a by-law or resolution authorizing the work. In performing such work, the irrigation entity shall have the same rights and privileges to enter the land for such purposes, as does the individual water user authorizing the work. The irrigation entity does not assume ownership of the lateral or ditch, or responsibility for or incur liability for any injury to person or property. When such work has been authorized, the irrigation entity shall assess the individual water user for the annual cost or necessary repairs, improvements, or maintenance, in addition to the assessments that are levied for the delivery of water. FISCAL IMPACT None. Contact Name: Senator Laird Noh 332-1333 Senator Cecil Ingram 332-1315 Norm Semanko 344-6690 STATEMENT OF PURPOSE/FISCAL NOTE S 1367