TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 12

MAINTENANCE AND REPAIR OF DITCHES

42-1210.  Injuring ditch or headgate — Triple damages. (1) No person shall, without the consent of a water delivery organization, as that term is defined in section 42-1301, Idaho Code, a lateral manager of a lateral water users’ association established pursuant to chapter 13, title 42, Idaho Code, or a watermaster of a water district established pursuant to chapter 6, title 42, Idaho Code, wrongfully:

(a)  Divert any water from the ditch or channel where it was placed, caused to be, or left to run by the water delivery organization, a lateral manager, a watermaster, or an authorized representative thereof;

(b)  Shut or open any ditch, gate, pump, diversion structure, or dam with intent to:

(i)   Divert any water without a right to do so; or

(ii)  Deprive any person of the use of the water during any part of the time that such person is entitled to the use of such water;

(c)  Cut or alter any ditch; or

(d)  Break or destroy any gate, pump, diversion structure, or dam.

(2)  A person who violates the provisions of this section shall be liable in a civil action to the person injured at three (3) times the actual damage sustained in consequence of any such wrongful act or acts.

History:

[42-1210, added 2026, ch. 112, sec. 2, p. 569.]