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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1304
BY
RESOURCES
AND
ENVIRONMENT
COMMITTEE
AN
ACT
1
RELATING
TO
IRRIGATION
CONDUIT
RIGHTS
-
OF
-
WAY;
AMENDING
SECTION
42
-
1102,
2
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
RIGHTS
ASSOCIATED
WITH
3
AN
IRRIGATION
EASEMENT
OR
RIGHT
-
OF
-
WAY;
AMENDING
CHAPTER
12,
TITLE
42,
4
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
42
-
1201,
IDAHO
CODE,
TO
5
DEFINE
A
TERM;
AMENDING
SECTION
42
-
1201,
IDAHO
CODE,
TO
REVISE
PROVI
-
6
SIONS
REGARDING
THE
OPERATION
AND
MAINTENANCE
OF
IRRIGATION
CONVEYANCE
7
FACILITIES
AND
TO
REDESIGNATE
THE
SECTION;
AMENDING
SECTION
42
-
1207,
8
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
PLACEMENT
OF
IRRIGATION
9
CONDUITS,
TO
PROVIDE
FOR
A
RIGHT
OF
AN
OWNER
OR
OPERATOR
OF
AN
IRRIGA
-
10
TION
EASEMENT
OR
RIGHT
-
OF
-
WAY,
TO
REDESIGNATE
THE
SECTION,
AND
TO
MAKE
1
1
TECHNICAL
CORRECTIONS;
AMENDING
SECTION
42
-
1208,
IDAHO
CODE,
TO
REVISE
12
PROVISIONS
REGARDING
EASEMENTS,
RIGHTS
-
OF
-
WAY,
AND
OTHER
REAL
PROPERTY
13
NOT
SUBJECT
TO
ADVERSE
PROPERTY
AND
TO
REDESIGNATE
THE
SECTION;
AMEND
-
14
ING
SECTION
42
-
1209,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
EN
-
15
CROACHMENTS
ON
EASEMENTS
AND
RIGHTS
-
OF
-
WAY
AND
TO
REDESIGNATE
THE
SEC
-
16
TION;
AMENDING
SECTION
18
-
4308,
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
CODE
17
REFERENCE;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
18
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
19
SECTION
1.
That
Section
42
-
1102,
Idaho
Code,
be,
and
the
same
is
hereby
20
amended
to
read
as
follows:
21
42
-
1102.
OWNERS
OF
LAND
-
-
RIGHT
TO
RIGHT
-
OF
-
WAY.
(1)
Owners
or
22
claimants
to
land
that
do
not
have
sufficient
length
of
frontage
on
a
stream
23
to
afford
the
requisite
fall
for
a
ditch,
canal,
lateral,
drain,
or
other
24
conduit
on
their
own
premises
for
the
proper
irrigation
or
drainage
thereof,
25
or
where
the
land
proposed
to
be
irrigated
is
back
from
the
banks
of
such
26
stream,
and
convenient
facilities
otherwise
for
the
watering
of
said
lands
27
cannot
be
had,
such
owners
or
claimants
are
entitled
to
a
right
-
of
-
way
28
through
the
lands
of
others
for
a
ditch,
canal,
lateral,
drain,
or
conduit
to
29
convey
water
to
the
place
of
use
for
the
purposes
of
irrigation
or
to
provide
30
drainage
of
irrigated
land.
31
(2)
The
right
-
of
-
way
for
a
ditch,
canal,
lateral,
drain,
or
other
con
-
32
duit
shall
include
but
is
not
limited
to
the
reasonable
exercise
of
the
fol
-
33
lowing
rights:
34
(a)
The
right
to
enter
the
land
across
which
the
right
-
of
-
way
extends
35
for
the
purposes
of
accessing,
inspecting,
operating,
cleaning,
main
-
36
taining,
and
repairing
the
ditch,
canal,
lateral,
drain,
conduit,
37
embankments,
and
irrigation
structures
and
to
occupy
such
width
of
the
38
land
along
the
ditch,
canal,
lateral,
drain,
conduit,
and
embankments
39
as
is
necessary
to
properly
perform
such
work
with
personnel
and
with
40
such
equipment
as
is
commonly
used
or
is
reasonably
adapted
to
that
41
work.
42
2
(b)
The
right
to
remove
from
the
ditch,
canal,
lateral,
drain,
conduit,
1
embankments,
and
irrigation
structures
the
debris,
soil,
vegetation,
2
and
other
material
the
ditch,
canal,
lateral,
drain,
or
conduit
owner
3
or
operator
reasonably
deems
necessary
to
properly
access,
inspect,
op
-
4
erate,
clean,
maintain,
and
repair
them.
The
owner
or
operator
has
the
5
right
and
discretion
to
transport
the
material
from
the
right
-
of
-
way,
6
to
utilize
the
material
for
reconstruction,
repair,
or
maintenance
of
7
the
ditch,
canal,
lateral,
drain,
conduit,
embankments,
irrigation
8
structures,
and
related
roads
and
access
areas,
and
to
deposit
and
leave
9
the
material
within
the
right
-
of
-
way,
provided
that
the
deposits
occupy
10
no
greater
width
of
land
along
the
ditch,
canal,
lateral,
drain,
con
-
1
1
duit,
and
embankments
than
is
reasonably
necessary.
12
(c)
The
right
to
occupy
the
right
-
of
-
way
during
any
season
of
the
year
13
to
perform
the
work
of
operating,
cleaning,
maintaining,
and
repair
-
14
ing
the
ditch,
canal,
lateral,
drain,
conduit,
embankments,
and
irri
-
15
gation
structures
without
prior
notice
to
the
owner
or
occupant
of
the
16
land
across
which
the
right
-
of
-
way
extends.
17
(d)
The
right
to
construct,
install,
modify,
maintain,
or
relocate
any
18
structure,
headgate,
siphon,
measuring
device,
road,
fence,
gate,
or
19
other
appurtenance
within
the
right
-
of
-
way
that
facilitates
the
deliv
-
20
ery
or
drainage
of
water
or
is
used
to
access,
protect,
inspect,
oper
-
21
ate,
clean,
maintain,
or
repair
the
ditch,
canal,
lateral,
drain,
or
22
other
conduit.
23
(d)
(e)
The
owner
or
operator
of
the
ditch,
canal,
lateral,
drain,
or
24
conduit
is
not
obligated
to
maintain
or
control
the
right
-
of
-
way
or
veg
-
25
etation
for
the
benefit
of
the
owners
or
claimants
of
lands
of
others.
26
(f)
A
servient
estate
owner's
permission
shall
not
be
required
to
exer
-
27
cise
the
rights
described
in
this
section.
28
(3)
Any
servient
estate
owner
shall
be
deemed
to
have
notice
that
the
29
owner
of
the
ditch,
canal,
lateral,
drain,
or
conduit
has
the
right
-
of
-
way
30
and
all
incidental
rights
confirmed
or
granted
by
this
section
if:
31
(a)
The
servient
estate
owner
has
actual
or
constructive
knowledge
of
32
the
ditch,
canal,
lateral,
drain,
or
conduit;
or
33
(b)
The
ditch,
canal,
lateral,
drain,
or
conduit
or
any
feature
thereof
34
is
visible
or
reasonably
discoverable.
35
(4)
Rights
-
of
-
way
provided
by
this
section
are
essential
for
the
op
-
36
erations
of
the
ditches,
canals,
laterals,
drains,
and
conduits.
No
person
37
or
entity
shall
cause
or
permit
any
encroachments
onto
the
right
-
of
-
way,
38
including
public
or
private
roads,
utilities,
fences,
gates,
pipelines,
39
structures,
landscaping,
trees,
vegetation,
or
other
construction
or
place
-
40
ment
of
objects,
without
the
written
permission
of
the
owner
or
operator
41
of
the
right
-
of
-
way
in
order
to
ensure
that
any
such
encroachments
will
42
not
unreasonably
or
materially
interfere
with
the
use
and
enjoyment
of
the
43
right
-
of
-
way.
Such
written
permission
shall
not
be
unreasonably
withheld.
44
(5)
Encroachments
of
any
kind
placed
in
such
right
-
of
-
way
without
ex
-
45
press
written
permission
of
the
owner
or
operator
of
the
right
-
of
-
way
shall
46
be
removed
at
the
expense
of
the
person
or
entity
causing
or
permitting
such
47
encroachment,
upon
the
request
of
the
owner
or
operator
of
the
right
-
of
-
way,
48
in
the
event
that
any
such
encroachments
unreasonably
or
materially
inter
-
49
fere
with
the
use
and
enjoyment
of
the
right
-
of
-
way.
50
3
(a)
The
person
or
entity
that
caused
or
permitted
the
encroachment
1
shall
perform
such
removal,
modification,
repair,
or
restoration
2
within
a
reasonable
time
after
request
from
the
owner
or
operator
of
the
3
easement
or
right
-
of
-
way
or
immediately
upon
such
request
in
the
event
4
of
reduced
delivery
or
drainage
of
water,
property
damage,
safety
risk,
5
or
other
emergency.
What
constitutes
a
reasonable
time
to
respond
to
6
the
request
depends
on
the
circumstances
affecting
the
use,
operation,
7
maintenance,
and
repair
of
the
ditch,
canal,
lateral,
drain,
or
conduit
8
and
associated
easement
or
right
-
of
-
way.
9
(b)
If
the
person
or
entity
that
caused
or
permitted
the
encroachment
10
fails
to
timely
perform
the
requested
actions,
or
in
the
event
of
re
-
1
1
duced
delivery
or
drainage
of
water,
property
damage,
safety
risk,
or
12
other
emergency,
the
owner
or
operator
of
the
easement
or
right
-
of
-
way
13
may
proceed
to
perform
such
actions
at
the
expense
of
the
person
or
en
-
14
tity
causing
or
permitting
the
encroachment,
as
long
as
no
work
is
per
-
15
formed
on
any
municipal
or
public
utility
line.
16
(6)
Any
person
or
entity
that
causes
or
permits
an
encroachment
shall
17
be
responsible
for
its
use,
operation,
maintenance,
repair,
and
replace
-
18
ment
to
prevent
unreasonable
or
material
interference
with
the
ditch,
canal,
19
lateral,
drain,
or
conduit
and
the
associated
easement
or
right
-
of
-
way
and
20
shall
be
liable
for
all
damages
that
may
accrue
therefrom.
21
(7)
Nothing
in
this
section
shall
in
any
way
affect
the
exercise
of
the
22
right
of
eminent
domain
for
the
public
purposes
set
forth
in
section
7
-
701,
23
Idaho
Code.
24
(8)
This
section
shall
apply
to
ditches,
canals,
laterals,
drains,
25
conduits,
and
embankments
existing
on
the
effective
date
of
this
act,
as
26
well
as
to
ditches,
canals,
laterals,
drains,
conduits,
and
embankments
27
constructed
or
existing
after
such
effective
date.
28
SECTION
2.
That
Chapter
12,
Title
42,
Idaho
Code,
be,
and
the
same
is
29
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
30
ignated
as
Section
42
-
1201,
Idaho
Code,
and
to
read
as
follows:
31
42
-
1201.
DEFINITIONS.
As
used
in
this
chapter,
"irrigation
conduit"
32
means
a
ditch,
canal,
lateral,
drain,
pipeline,
or
other
surface
channel
or
33
buried
conduit
that
is
used
to
convey
water
to
the
place
of
use
for
the
pur
-
34
poses
of
irrigation
or
to
provide
drainage
of
irrigated
land.
35
SECTION
3.
That
Section
42
-
1201,
Idaho
Code,
be,
and
the
same
is
hereby
36
amended
to
read
as
follows:
37
42
-
1201
42
-
1202
.
OPERATION
AND
MAINTENANCE
OF
IRRIGATION
CONVEYANCE
38
FACILITIES.
(1)
Every
person
or
entity
owning
or
controlling
any
ditch,
39
canal,
lateral,
or
irrigation
conduit
for
the
purpose
of
irrigation
shall:
40
(a)
During
the
time
the
ditch,
canal,
lateral,
or
irrigation
conduit
is
41
operated
to
deliver
water
for
irrigation,
keep
a
flow
of
water
therein
42
sufficient
to
meet
the
needs
of
the
persons
or
entities
entitled
to
the
43
use
of
water
therefrom.
Such
duty
may
be
adjusted
when
there
is
insuffi
-
44
cient
water
in
the
public
streams
or
other
natural
water
sources
or
when
45
the
board
of
directors
or
governing
body
of
an
entity
furnishing
water
46
4
deems
it
in
the
best
interests
of
that
entity
to
reduce
the
water
supply
1
or
dates
of
availability;
2
(b)
Construct
the
necessary
outlets
in
the
ditch,
canal,
lateral,
or
3
irrigation
conduit
for
proper
delivery
of
water
to
persons
and
entities
4
having
rights
to
the
use
of
the
water;
5
(c)
Not
permit
a
greater
quantity
of
water
to
be
turned
into
the
ditch,
6
canal,
lateral,
or
irrigation
conduit
than
it
will
contain
or
than
can
7
be
used
for
beneficial
or
useful
purposes
to
prevent
the
wasting
and
8
useless
discharge
and
running
away
of
water;
and
9
(d)
Carefully
keep
and
maintain
the
ditch,
canal,
lateral,
or
10
irrigation
conduit
in
good
repair
and
condition
so
as
not
to
damage
or
1
1
in
any
way
injure
the
property
or
premises
of
others
and
to
prevent
the
12
water
conveyed
therein
from
wasting
during
the
irrigation
season.
13
(2)
The
duties
to
operate
and
maintain
an
irrigation
ditch,
canal,
lat
-
14
eral,
or
conduit,
whether
statutory
or
common
law,
require
reasonable
care
15
only
and
shall
not
be
construed
to
impose
strict
liability
or
to
otherwise
16
enlarge
the
liability
of
the
owners
or
operators
thereof.
The
owners,
con
-
17
structors,
or
operators
of
irrigation
ditches,
canals,
laterals,
or
con
-
18
duits,
while
responsible
for
their
own
acts
or
omissions,
shall
not
be
liable
19
for
damage
or
injury
caused
by:
20
(a)
The
diversion
or
discharge
of
water
into
a
ditch,
canal,
lateral,
or
21
irrigation
conduit
by
a
third
party
without
the
permission
of
the
owner
22
or
operator
thereof;
23
(b)
Any
other
act
or
omission
of
a
third
party,
other
than
an
employee
24
or
agent
of
the
owner
or
operator
of
the
ditch,
canal,
lateral,
or
25
irrigation
conduit;
or
26
(c)
An
act
of
God,
including
but
not
limited
to
fire,
earthquake,
storm,
27
or
similar
natural
phenomenon.
28
(3)
The
provisions
of
this
section
shall
not
be
construed
to
impair
any
29
defense
that
an
owner,
constructor,
or
operator
of
a
ditch,
canal,
lateral,
30
or
irrigation
conduit
may
assert
in
a
civil
action.
31
SECTION
4.
That
Section
42
-
1207,
Idaho
Code,
be,
and
the
same
is
hereby
32
amended
to
read
as
follows:
33
42
-
1207
42
-
1203
.
RELOCATION
AND
PIPING
OF
IRRIGATION
CONVEYANCE
34
FACILITIES
AND
DRAINAGE
FACILITIES.
(1)
Where
any
ditch,
canal,
lateral,
35
drain,
or
buried
irrigation
conduit
has
heretofore
been,
or
may
hereafter
36
be,
constructed
across
or
beneath
the
lands
of
another:
37
(a)
The
servient
estate
owner
may,
at
his
own
expense,
relocate
or
pipe
38
the
ditch,
canal,
lateral,
drain,
or
buried
irrigation
conduit
to
any
39
other
part
of
his
land,
but
such
change
must
be
made
in
such
a
manner
40
as
not
to
impede
the
flow
of
the
water
therein,
or
to
otherwise
injure
41
any
person
or
entity
using
or
interested
in
such
ditch,
canal,
lateral,
42
drain,
or
buried
irrigation
conduit
.
;
or
43
(b)
The
servient
estate
owner
may,
at
his
own
expense,
place
the
ditch,
44
canal,
lateral,
or
drain
irrigation
conduit
in
a
pipe,
culvert,
or
other
45
conduit
on
his
land,
provided
that
the
pipe,
culvert,
or
other
conduit
46
installation
and
backfill
reasonably
meet
standard
specifications
for
47
such
materials
and
construction,
as
set
forth
in
the
Idaho
standards
for
48
5
public
works
construction
or
other
standards
recognized
by
the
city
or
1
county
in
which
the
burying
is
to
be
done.
2
(2)
The
right
and
responsibility
for
operation
and
maintenance
of
a
3
ditch,
canal,
lateral,
drain,
or
buried
an
irrigation
conduit
that
is
re
-
4
located
or
placed
in
conduit
by
the
servient
estate
owner
shall
remain
with
5
the
owner
of
the
ditch,
canal,
lateral
irrigation
conduit
,
or
drain,
but
the
6
servient
estate
owner,
his
heirs,
executors,
administrators,
successors,
7
and
assigns
shall
be
responsible
for
any
increased
operation
and
maintenance
8
costs,
including
rehabilitation
and
replacement,
unless
otherwise
agreed
9
in
writing
with
the
owner
of
the
ditch,
canal,
lateral,
drain,
or
buried
10
irrigation
conduit.
1
1
(3)(a)
The
written
permission
of
the
owner
or
operator
of
a
ditch,
12
canal,
lateral,
drain,
or
buried
an
irrigation
conduit
must
first
be
13
obtained
before
it
is
relocated
or
placed
in
a
pipe,
culvert,
or
other
14
conduit
by
the
owner
of
the
servient
estate,
in
order
to
ensure
that:
15
(i)
Such
change
will
not
impede
the
flow
of
water
therein,
un
-
16
reasonably
or
materially
interfere
with
access,
use,
operation,
17
maintenance,
cleaning,
or
repair,
or
otherwise
injure
any
person
18
or
entity
using
such
ditch,
canal,
lateral,
drain,
or
buried
irri
-
19
gation
conduit;
20
(ii)
Adequate
provision
is
made
for
the
payment
of
any
increased
21
operation
and
maintenance
costs,
including
rehabilitation
and
re
-
22
placement,
unless
otherwise
agreed
in
writing
with
the
owner
or
23
operator
of
the
ditch,
canal,
lateral,
drain,
or
buried
irrigation
24
conduit;
and
25
(iii)
Adequate
provision
is
made
documenting,
protecting,
and
26
perpetuating
the
ditch,
canal,
lateral,
drain,
or
buried
irri
-
27
gation
conduit
right
-
of
-
way
pursuant
to
section
42
-
1102,
Idaho
28
Code.
29
(b)
Such
written
permission
shall
not
be
unreasonably
withheld.
30
(4)
A
ditch,
canal,
lateral,
drain,
or
buried
An
irrigation
conduit
31
that
is
relocated
or
placed
in
a
pipe,
culvert,
or
other
conduit
without
32
such
express
written
permission
shall
be
removed,
modified,
repaired,
33
or
restored
to
its
prior
location
or
condition,
as
directed
by
the
owner
34
thereof,
at
the
expense
of
the
person
or
entity
that
caused
or
permitted
such
35
relocation
or
placement
in
pipe,
culvert,
or
other
conduit,
in
the
event
36
it
unreasonably
or
materially
interferes
with
the
use
and
enjoyment
of
the
37
easement
or
right
-
of
-
way.
38
(a)
The
person
or
entity
that
caused
or
permitted
the
relocation
or
39
the
placement
in
pipe,
culvert,
or
other
conduit
shall
perform
such
re
-
40
moval,
modification,
repair,
or
restoration
within
a
reasonable
time
41
after
request
from
the
owner
or
operator
of
the
easement
or
right
-
of
-
42
way,
or
immediately
upon
such
request
in
the
event
of
reduced
delivery
43
or
drainage
of
water,
property
damage,
safety
risk,
or
other
emergency.
44
What
constitutes
a
reasonable
time
to
respond
to
the
request
depends
on
45
circumstances
affecting
the
use,
operation,
maintenance,
and
repair
of
46
the
ditch,
canal,
lateral
drain,
or
buried
irrigation
conduit
and
asso
-
47
ciated
easement
or
right
-
of
-
way.
48
(b)
If
the
person
or
entity
that
caused
or
permitted
the
relocation
or
49
the
placement
in
pipe,
culvert,
or
other
conduit
fails
to
timely
perform
50
6
the
requested
actions,
or
in
the
event
of
reduced
delivery
or
drainage
1
of
water,
property
damage,
safety
risk,
or
other
emergency,
the
owner
2
or
operator
of
the
easement
or
right
-
of
-
way
may
proceed
to
perform
such
3
actions
at
the
expense
of
the
person
or
entity
that
caused
or
permitted
4
the
relocation
or
piping.
5
(5)
The
owner
or
operator
of
a
ditch,
canal,
lateral,
drain,
or
buried
6
An
irrigation
conduit
that
has
been
constructed
across
or
beneath
the
lands
7
of
another
may
relocate
or
pipe
the
facility.
be
relocated
or
piped
by
its
8
owner
or
operator
as
follows:
9
(a)
Prior
to
relocating
a
ditch,
canal,
lateral,
drain,
or
buried
irri
-
10
gation
conduit,
the
written
permission
of
the
owner
of
the
servient
es
-
1
1
tate
shall
be
obtained
The
irrigation
conduit's
owner
or
operator
shall
12
obtain
the
servient
estate
owner's
written
permission
prior
to
relocat
-
13
ing
or
piping
the
conduit
outside
of
the
easement
or
right
-
of
-
way
.
14
(b)
The
irrigation
conduit's
owner
or
operator
shall
have
the
right
to
15
relocate
or
pipe
an
irrigation
conduit
within
the
easement
or
right
-
of
-
16
way
without
obtaining
the
servient
estate
owner's
permission.
17
(b)
(c)
The
owner
or
operator
of
the
ditch,
canal,
lateral,
drain,
or
18
buried
irrigation
conduit
an
open
surface
channel
used
for
irrigation
19
or
drainage
shall
have
the
right
to
place
it
in
a
buried
conduit
within
20
the
easement
or
right
-
of
-
way,
without
the
permission
of
the
servient
21
estate
owner,
in
accordance
with
standard
specifications
for
pipe,
22
materials,
installation,
and
backfill,
as
set
forth
in
the
Idaho
stan
-
23
dards
for
public
works
construction
or
other
standards
recognized
by
24
the
city
or
county
in
which
the
burying
is
to
be
done,
and
as
long
as
25
the
construction
is
accomplished
in
a
manner
that
the
surface
of
the
26
servient
estate
outside
the
easement
or
right
-
of
-
way
and
the
owner's
27
use
thereof
is
not
disrupted
and
is
restored
to
its
prior
condition
as
28
expeditiously
as
possible,
but
no
longer
than
thirty
(30)
days
after
the
29
completion
of
construction.
30
(c)
(d)
The
owner
of
the
servient
estate
may
request
that
the
conduit
be
31
installed
along
a
different
route
than
the
existing
route
of
the
ditch,
32
canal,
lateral,
or
drain
irrigation
conduit
,
provided
that:
33
(i)
The
conditions
of
subsection
(3)
of
this
section
are
satis
-
34
fied;
and
35
(ii)
The
servient
estate
owner,
his
heirs,
executors,
adminis
-
36
trators,
successors,
and
assigns
shall
be
responsible
for
any
in
-
37
creased
construction
or
future
maintenance
costs
necessitated
by
38
said
relocation.
Maintenance
of
the
buried
conduit
shall
be
the
39
responsibility
of
the
conduit
owner
or
operator.
40
(6)
This
section
shall
apply
to
ditches,
canals,
laterals,
drains,
and
41
buried
irrigation
conduits
existing
on
or
established
after
July
1,
2024.
42
SECTION
5.
That
Section
42
-
1208,
Idaho
Code,
be,
and
the
same
is
hereby
43
amended
to
read
as
follows:
44
42
-
1208
42
-
1204
.
EASEMENTS,
RIGHTS
-
OF
-
WAY,
AND
OTHER
REAL
PROPERTY
45
NOT
SUBJECT
TO
ADVERSE
POSSESSION.
(1)
The
easements,
rights
-
of
-
way,
or
46
real
property
owned
by
irrigation
districts,
Carey
act
operating
companies,
47
nonprofit
irrigation
entities,
lateral
ditch
associations,
and
drainage
48
districts
are
not
subject
to
adverse
possession.
49
7
(2)
No
person
shall
prevent
free
access
of
authorized
personnel
on
such
1
easements,
rights
-
of
-
way,
or
other
real
property,
or
construct
any
obstruc
-
2
tion
on
such
easements,
rights
-
of
-
way,
or
other
real
property
in
an
effort
to
3
adversely
possess
said
easement,
right
-
of
-
way,
or
other
real
property.
4
SECTION
6.
That
Section
42
-
1209,
Idaho
Code,
be,
and
the
same
is
hereby
5
amended
to
read
as
follows:
6
42
-
1209
42
-
1205
.
ENCROACHMENTS
ON
EASEMENTS
AND
RIGHTS
-
OF
-
WAY.
(1)
7
Easements
or
rights
-
of
-
way
operated,
maintained,
controlled
,
or
owned
by
8
irrigation
districts,
Carey
act
operating
companies,
nonprofit
irrigation
9
entities,
lateral
ditch
associations,
and
drainage
districts
are
essential
10
for
the
operations
of
such
irrigation
and
drainage
entities.
Accordingly,
1
1
no
person
or
entity
shall
cause
or
permit
any
encroachments
onto
the
ease
-
12
ments
or
rights
-
of
-
way,
including
any
public
or
private
roads,
utilities,
13
fences,
gates,
pipelines,
structures,
landscaping,
trees,
vegetation,
or
14
other
construction
or
placement
of
objects,
without
the
written
permis
-
15
sion
of
the
irrigation
district,
Carey
act
operating
company,
nonprofit
16
irrigation
entity,
lateral
ditch
association,
or
drainage
district
owning,
17
operating,
maintaining,
or
controlling
the
easement
or
right
-
of
-
way,
in
18
order
to
ensure
that
any
such
encroachments
will
not
unreasonably
or
mate
-
19
rially
interfere
with
the
use
and
enjoyment
of
the
easement
or
right
-
of
-
way
20
and
the
incidental
rights
and
protections
described
in
sections
42
-
1102
and
21
42
-
1207
42
-
1203
,
Idaho
Code.
Such
written
permission
shall
not
be
unreason
-
22
ably
withheld.
23
(2)
Encroachments
of
any
kind
placed
in
such
easement
or
right
-
of
-
way,
24
without
such
express
written
permission,
shall
be
removed
or
modified,
and
25
the
ditch,
canal,
lateral,
drain,
irrigation
conduit,
easement,
or
right
-
26
of
-
way
shall
be
repaired
or
restored
at
the
expense
of
the
person
or
entity
27
causing
or
permitting
such
encroachments,
upon
the
request
of
the
persons
28
operating,
maintaining,
or
controlling
the
easement
or
right
-
of
-
way
or
the
29
owner
of
the
easement
or
right
-
of
-
way,
in
the
event
that
any
such
encroach
-
30
ments
unreasonably
or
materially
interfere
with
the
use
and
enjoyment
of
the
31
easement
or
right
-
of
-
way.
32
(a)
The
person
or
entity
that
caused
or
permitted
the
encroachment
33
shall
perform
such
removal,
modification,
repair,
or
restoration
34
within
a
reasonable
time
after
request
from
the
owner
or
operator
of
35
the
easement
or
right
-
of
-
way,
or
immediately
upon
such
request
in
the
36
event
of
reduced
delivery
or
drainage
of
water,
property
damage,
safety
37
risk,
or
other
emergency.
What
constitutes
a
reasonable
time
to
respond
38
to
the
request
depends
on
circumstances
affecting
the
use,
operation,
39
maintenance,
and
repair
of
the
ditch,
canal,
lateral,
drain,
or
buried
40
irrigation
conduit
and
associated
easement
or
right
-
of
-
way.
41
(b)
If
the
person
or
entity
that
caused
or
permitted
the
encroachment
42
fails
to
timely
perform
the
requested
actions,
or
in
the
event
of
re
-
43
duced
delivery
or
drainage
of
water,
property
damage,
safety
risk,
or
44
other
emergency,
the
owner
or
operator
of
the
easement
or
right
-
of
-
way
45
may
proceed
to
perform
such
actions
at
the
expense
of
the
person
or
en
-
46
tity
that
caused
or
permitted
the
encroachment,
as
long
as
no
work
is
47
performed
on
any
municipal
or
public
utility
line.
48
8
(3)
Any
person
or
entity
that
causes
or
permits
an
encroachment
shall
be
1
responsible
for
its
use,
operation,
maintenance,
repair,
and
replacement
to
2
prevent
unreasonable
or
material
interference
with
a
ditch,
canal,
lateral,
3
drain,
or
an
irrigation
conduit
and
the
associated
easement
or
right
-
of
-
way
4
and
shall
be
liable
for
all
damages
that
may
accrue
therefrom.
5
(4)
Nothing
in
this
section
shall
in
any
way
affect
the
exercise
of
the
6
right
of
eminent
domain
for
the
public
purposes
set
forth
in
section
7
-
701,
7
Idaho
Code.
8
SECTION
7.
That
Section
18
-
4308,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
18
-
4308.
CHANGE
OF
DITCH,
CANAL,
LATERAL,
DRAIN,
OR
BURIED
IRRIGATION
1
1
CONDUIT.
Any
person
who
relocates
or
places
in
pipe,
culvert,
or
other
con
-
12
duit
or
buries
a
ditch,
canal,
lateral,
or
drain
contrary
to
the
provisions
13
of
section
42
-
1207
42
-
1203
,
Idaho
Code,
shall
be
guilty
of
a
misdemeanor.
14
SECTION
8.
An
emergency
existing
therefor,
which
emergency
is
hereby
15
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
16
July
1,
2026.
17