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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 - 2004
IN 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