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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 - 2005
IN 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, but not to exceed five (5) no
3 longer than thirty (30) days after the start completion 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.
10 No more than five (5) days after the start of construction, a landowner or
11 ditch owner who buries a ditch, canal, lateral, or drain in pipe shall record
12 the location and specifications of the buried irrigation or drainage conduit,
13 including primary and secondary easements, in the county in which the burying
14 is done, and shall provide the irrigation or drainage entity that owns the
15 ditch, canal, lateral or drain, with a copy of such location and specifica-
16 tions and the construction plans utilized. The irrigation or drainage entity
17 shall 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, but not to exceed five (5) no
3
1 longer than thirty (30) days after the start completion 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.
8 No more than five (5) days after the start of construction, a landowner or
9 ditch owner who buries a ditch, canal, lateral or drain in pipe shall record
10 the location and specifications of the buried irrigation or drainage conduit,
11 including primary and secondary easements, in the county in which the burying
12 is done, and shall provide the irrigation or drainage entity that owns the
13 ditch, canal, lateral, or drain, with a copy of such location and specifica-
14 tions and the construction plans utilized. The irrigation or drainage entity
15 shall 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