TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 12

MAINTENANCE AND REPAIR OF DITCHES

42-1201.  operation and maintenance of irrigation conveyance facilities. (1) Every person or entity owning or controlling any ditch, canal, lateral, or conduit for the purpose of irrigation shall:

(a)  During the time the ditch, canal, lateral, or conduit is operated to deliver water for irrigation, keep a flow of water therein sufficient to meet the needs of the persons or entities entitled to the use of water therefrom. Such duty may be adjusted when there is insufficient water in the public streams or other natural water sources or when the board of directors or governing body of an entity furnishing water deems it in the best interests of that entity to reduce the water supply or dates of availability;

(b)  Construct the necessary outlets in the ditch, canal, lateral, or conduit for proper delivery of water to persons and entities having rights to the use of the water;

(c)  Not permit a greater quantity of water to be turned into the ditch, canal, lateral, or conduit than it will contain or than can be used for beneficial or useful purposes to prevent the wasting and useless discharge and running away of water; and

(d)  Carefully keep and maintain the ditch, canal, lateral, or conduit in good repair and condition so as not to damage or in any way injure the property or premises of others and to prevent the water conveyed therein from wasting during the irrigation season.

(2)  The duties to operate and maintain an irrigation ditch, canal, lateral, or conduit, whether statutory or common law, require reasonable care only and shall not be construed to impose strict liability or to otherwise enlarge the liability of the owners or operators thereof. The owners, constructors, or operators of irrigation ditches, canals, laterals, or conduits, while responsible for their own acts or omissions, shall not be liable for damage or injury caused by:

(a)  The diversion or discharge of water into a ditch, canal, lateral, or conduit by a third party without the permission of the owner or operator thereof;

(b)  Any other act or omission of a third party, other than an employee or agent of the owner or operator of the ditch, canal, lateral, or conduit; or

(c)  An act of God, including but not limited to fire, earthquake, storm, or similar natural phenomenon.

(3)  The provisions of this section shall not be construed to impair any defense that an owner, constructor, or operator of a ditch, canal, lateral, or conduit may assert in a civil action.

History:

[(42-1201) 1899, p. 380, sec. 15; reen. R.C. & C.L., sec. 3306; C.S., sec. 5654; I.C.A., sec. 41-1101; am. 1989, ch. 236, sec. 1, p. 573; am. 2024, ch. 93, sec. 8, p. 435.]