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S1239......................................................by STATE AFFAIRS DITCHES - RESTORATION - Amends existing law relating to change of ditch, canal, lateral, drain or buried irrigation conduit to provide the time limit when restoration shall be completed; to eliminate a requirement to record locations; and to eliminate criminal penalties for failure to record locations. 04/05 Senate intro - 1st rdg - to printing Rpt prt - to St Aff Rpt out - rec d/p - to 2nd rdg Rls susp - PASSED - 34-0-1 AYES -- Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher(Fulcher), Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Andreason Floor Sponsor - Williams Title apvd - to House 04/06 House intro - 1st rdg - to 2nd rdg Rls susp - PASSED - 69-0-1 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth(Ellsworth), Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring(Roberge), Ringo, Roberts, Rusche, Rydalch, Sali, Sayler(Callen), Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Trail Floor Sponsor - Moyle Title apvd - to Senate 04/06 To enrol - Rpt enrol - Pres signed 04/07 Sp signed - To Governor 04/11 Governor signed Session Law Chapter 331 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE SENATE SENATE BILL NO. 1239 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO CHANGE OF DITCH, CANAL, LATERAL, DRAIN OR BURIED IRRIGATION CON- 3 DUIT; AMENDING SECTION 42-1207, IDAHO CODE, TO PROVIDE THE TIME LIMIT WHEN 4 RESTORATION SHALL BE COMPLETED AND TO ELIMINATE A REQUIREMENT TO RECORD 5 LOCATIONS; AND AMENDING SECTION 18-4308, IDAHO CODE, TO PROVIDE THE TIME 6 LIMIT WHEN RESTORATION SHALL BE COMPLETED AND TO ELIMINATE CRIMINAL PENAL- 7 TIES FOR FAILURE TO RECORD LOCATIONS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 42-1207, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 42-1207. CHANGE OF DITCH, CANAL, LATERAL, DRAIN OR BURIED IRRIGATION CON- 12 DUIT. Where any ditch, canal, lateral or drain or buried irrigation conduit 13 has heretofore been, or may hereafter be, constructed across or beneath the 14 lands of another, the person or persons owning or controlling said land shall 15 have the right at their own expense to change said ditch, canal, lateral or 16 drain or buried irrigation conduit to any other part of said land, but such 17 change must be made in such a manner as not to impede the flow of the water 18 therein, or to otherwise injure any person or persons using or interested in 19 such ditch, canal, lateral or drain or buried irrigation conduit. Any 20 increased operation and maintenance shall be the responsibility of the land- 21 owner who makes the change. 22 A landowner shall also have the right to bury the ditch, canal, lateral or 23 drain of another in pipe on the landowner's property, provided that the pipe, 24 installation and backfill reasonably meet standard specifications for such 25 materials and construction, as set forth in the Idaho standards for public 26 works construction or other standards recognized by the city or county in 27 which the burying is to be done. The right and responsibility for operation 28 and maintenance shall remain with the owner of the ditch, canal, lateral or 29 drain, but the landowner shall be responsible for any increased operation and 30 maintenance costs, including rehabilitation and replacement, unless otherwise 31 agreed in writing with the owner. 32 The written permission of the owner of a ditch, canal, lateral, drain or 33 buried irrigation conduit must first be obtained before it is changed or 34 placed in buried pipe by the landowner. 35 While the owner of a ditch, canal, lateral, drain or buried irrigation 36 conduit shall have no right to relocate it on the property of another without 37 permission, a ditch, canal, lateral or drain owner shall have the right to 38 place it in a buried conduit within the easement or right-of-way on the prop- 39 erty of another in accordance with standard specifications for pipe, mate- 40 rials, installation and backfill, as set forth in the Idaho standards for pub- 41 lic works construction or other standards recognized by the city or county in 42 which the burying is to be done, and so long as the pipe and the construction 43 is accomplished in a manner that the surface of the owner's property and the 2 1 owner's use thereof is not disrupted and is restored to the condition of adja- 2 cent property as expeditiously as possible, butnot to exceed five (5)no 3 longer than thirty (30) days after thestartcompletion of construction. A 4 landowner shall have the right to direct that the conduit be relocated to a 5 different route than the route of the ditch, canal, lateral or drain, provided 6 that the landowner shall agree in writing to be responsible for any increased 7 construction or future maintenance costs necessitated by said relocation. 8 Maintenance of the buried conduit shall be the responsibility of the conduit 9 owner. 10No more than five (5) days after the start of construction, a landowner or11ditch owner who buries a ditch, canal, lateral, or drain in pipe shall record12the location and specifications of the buried irrigation or drainage conduit,13including primary and secondary easements, in the county in which the burying14is done, and shall provide the irrigation or drainage entity that owns the15ditch, canal, lateral or drain, with a copy of such location and specifica-16tions and the construction plans utilized. The irrigation or drainage entity17shall keep and maintain such records and have them available for the public.18 SECTION 2. That Section 18-4308, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 18-4308. CHANGE OF DITCH, CANAL, LATERAL, DRAIN OR BURIED IRRIGATION CON- 21 DUIT. Where any ditch, canal, lateral or drain has heretofore been, or may 22 hereafter be, constructed across or beneath the lands of another, the person 23 or persons owning or controlling the said land, shall have the right at his 24 own expense to change said ditch, canal, lateral, drain or buried irrigation 25 conduit to any other part of said land, but such change must be made in such a 26 manner as not to impede the flow of the water therein, or to otherwise injure 27 any person or persons using or interested in such ditch, canal, lateral, drain 28 or buried irrigation conduit. Any increased operation and maintenance shall be 29 the responsibility of the landowner who makes the change. 30 A landowner shall also have the right to bury the ditch, canal, lateral or 31 drain of another in pipe on the landowner's property, provided that the pipe, 32 installation and backfill reasonably meet standard specifications for such 33 materials and construction, as set forth in the Idaho standards for public 34 works construction or other standards recognized by the city or county in 35 which the burying is to be done. The right and responsibility for operation 36 and maintenance shall remain with the owner of the ditch, canal, lateral or 37 drain, but the landowner shall be responsible for any increased operation and 38 maintenance costs, including rehabilitation and replacement, unless otherwise 39 agreed in writing with the owner. 40 The written permission of the owner of a ditch, canal, lateral, drain or 41 buried irrigation conduit must first be obtained before it is changed or 42 placed in buried pipe by the landowner. 43 While the owner of a ditch, canal, lateral, drain or buried irrigation 44 conduit shall have no right to relocate it on the property of another without 45 permission, a ditch, canal, lateral or drain owner shall have the right to 46 place it in a buried conduit within the easement or right-of-way on the prop- 47 erty of another in accordance with standard specifications for pipe, mate- 48 rials, installation and backfill, as set forth in the Idaho standards for pub- 49 lic works construction or other standards recognized by the city or county in 50 which the burying is to be done, and so long as the pipe and the construction 51 is accomplished in a manner that the surface of the owner's property and the 52 owner's use thereof is not disrupted and is restored to the condition of adja- 53 cent property as expeditiously as possible, butnot to exceed five (5)no 3 1 longer than thirty (30) days after thestartcompletion of construction. A 2 landowner shall have the right to direct that the conduit be relocated to a 3 different route than the route of the ditch, canal, lateral or drain, provided 4 that the landowner shall agree in writing to be responsible for any increased 5 construction or future maintenance costs necessitated by said relocation. 6 Maintenance of the buried conduit shall be the responsibility of the conduit 7 owner. 8No more than five (5) days after the start of construction, a landowner or9ditch owner who buries a ditch, canal, lateral or drain in pipe shall record10the location and specifications of the buried irrigation or drainage conduit,11including primary and secondary easements, in the county in which the burying12is done, and shall provide the irrigation or drainage entity that owns the13ditch, canal, lateral, or drain, with a copy of such location and specifica-14tions and the construction plans utilized. The irrigation or drainage entity15shall keep and maintain such records and have them available for the public.16 Any person or persons who relocate or bury a ditch, canal, lateral or 17 drain contrary to the provisions of this section shall be guilty of a misde- 18 meanor.
STATEMENT OF PURPOSE RS 15238 This legislation amends section 42-1207 and section 18-4308, Idaho Code, to provide a more reasonable time for the rehabilitation of adjacent lands when large irrigation and drainage projects are undertaken by ditch and conduit owners, and it would provide more time for the constructor of the project to record the specifications and location of the buried conduit. An amendment to Section 18-4308, Idaho Code, would eliminate any criminal liability for failure to record the specifications of the buried irrigation conduit or drain. FISCAL NOTE There is no fiscal impact. Contact Name: Norm Semanko, Idaho Water Users Assn. Phone: (208) 344-6690 STATEMENT OF PURPOSE/FISCAL NOTE S 1239 REVISED REVISED REVISED REVISED