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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1307
BY
RESOURCES
AND
ENVIRONMENT
COMMITTEE
AN
ACT
1
RELATING
TO
DELIVERY
OF
WATER;
REPEALING
CHAPTER
9,
TITLE
42,
IDAHO
CODE,
2
RELATING
TO
DISTRIBUTION
OF
WATER
TO
CONSUMERS;
AMENDING
CHAPTER
12,
3
TITLE
42,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
42
-
1210,
IDAHO
4
CODE,
TO
ESTABLISH
PROVISIONS
FOR
THE
DAMAGE
OF
HEADGATES;
AMENDING
5
CHAPTER
12,
TITLE
42,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
6
42
-
1211,
IDAHO
CODE,
TO
ESTABLISH
LIABILITY
FOR
THE
WASTE
OF
WATER;
7
REPEALING
SECTION
42
-
1301,
IDAHO
CODE,
RELATING
TO
LATERAL
DITCH
WATER
8
USERS'
ASSOCIATIONS
ORGANIZATION;
REPEALING
SECTION
42
-
1302,
IDAHO
9
CODE,
RELATING
TO
LATERAL
MANAGERS;
REPEALING
SECTION
42
-
1303,
IDAHO
10
CODE,
RELATING
TO
LATERAL
DITCHES;
REPEALING
SECTION
42
-
1304,
IDAHO
1
1
CODE,
RELATING
TO
ASSESSMENTS;
REPEALING
SECTION
42
-
1305,
IDAHO
CODE,
12
RELATING
TO
DELINQUENT
USERS;
REPEALING
SECTION
42
-
1306,
IDAHO
CODE,
13
RELATING
TO
THE
COLLECTION
AND
DISBURSEMENT
OF
FUNDS;
REPEALING
SECTION
14
42
-
1307,
IDAHO
CODE,
RELATING
TO
ACTION
FOR
ASSESSMENTS
AND
ATTORNEYS'
15
FEES;
REPEALING
SECTION
42
-
1308,
IDAHO
CODE,
RELATING
TO
APPOINTMENT
OF
16
LATERAL
MANAGERS
BY
THE
DIRECTOR
OF
THE
DEPARTMENT
OF
WATER
RESOURCES;
17
REPEALING
SECTION
42
-
1309,
IDAHO
CODE,
RELATING
TO
THE
ASSOCIATION'S
18
ABILITY
TO
BORROW
MONEY;
REPEALING
SECTION
42
-
1313,
IDAHO
CODE,
RE
-
19
LATING
TO
THE
DEFINITION
OF
WATER
USERS;
AMENDING
CHAPTER
13,
TITLE
20
42,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
42
-
1301,
IDAHO
CODE,
21
TO
DEFINE
TERMS;
AMENDING
CHAPTER
13,
TITLE
42,
IDAHO
CODE,
BY
THE
AD
-
22
DITION
OF
A
NEW
SECTION
42
-
1302,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
23
REGARDING
THE
LATERAL
WATER
USERS'
ASSOCIATION
ORGANIZATION,
THE
BOARD
24
OF
DIRECTORS,
AND
THE
LATERAL
MANAGER;
AMENDING
CHAPTER
13,
TITLE
42,
25
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
42
-
1303,
IDAHO
CODE,
TO
26
ESTABLISH
PROVISIONS
REGARDING
THE
LATERAL
MANAGER;
AMENDING
CHAPTER
27
13,
TITLE
42,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
42
-
1304,
28
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
FOR
ALTERNATIVE
APPOINTMENT
OF
29
THE
LATERAL
MANAGER
BY
A
WATER
DELIVERY
ORGANIZATION;
AMENDING
CHAP
-
30
TER
13,
TITLE
42,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
42
-
1305,
31
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
FOR
ALTERNATIVE
APPOINTMENT
OF
THE
32
LATERAL
MANAGER
BY
THE
DIRECTOR
OF
THE
DEPARTMENT
OF
WATER
RESOURCES;
33
AMENDING
CHAPTER
13,
TITLE
42,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SEC
-
34
TION
42
-
1306,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
FOR
THE
MAINTENANCE
35
AND
REPAIR
OF
LATERALS
BY
THE
ASSOCIATION;
AMENDING
CHAPTER
13,
TITLE
36
42,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
42
-
1307,
IDAHO
CODE,
TO
37
ESTABLISH
PROVISIONS
REGARDING
ASSESSMENTS;
AMENDING
CHAPTER
13,
TITLE
38
42,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
42
-
1308,
IDAHO
CODE,
39
TO
ESTABLISH
PROVISIONS
REGARDING
DELINQUENT
USERS;
AMENDING
CHAPTER
40
13,
TITLE
42,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
42
-
1309,
41
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
THE
COLLECTION
AND
DIS
-
42
BURSEMENT
OF
FUNDS;
AMENDING
CHAPTER
13,
TITLE
42,
IDAHO
CODE,
BY
THE
43
ADDITION
OF
A
NEW
SECTION
42
-
1310,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
44
FOR
ACTIONS
FOR
COLLECTION
OF
DELINQUENT
ASSESSMENTS
AND
ATTORNEY'S
45
2
FEES;
AMENDING
SECTION
42
-
1311,
IDAHO
CODE,
TO
REVISE
PROVISIONS
RE
-
1
GARDING
THE
AMOUNT
OF
ASSESSMENTS;
AMENDING
CHAPTER
13,
TITLE
42,
IDAHO
2
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
42
-
1312,
IDAHO
CODE,
TO
ESTAB
-
3
LISH
PROVISIONS
REGARDING
THE
ASSOCIATION'S
AUTHORIZATION
TO
BORROW
4
MONEY
OR
MORTGAGE
OR
PLEDGE
ASSETS;
AMENDING
SECTION
42
-
1312,
IDAHO
5
CODE,
TO
REVISE
PROVISIONS
REGARDING
WITHDRAWAL
FROM
A
LATERAL
WATER
6
USERS'
ASSOCIATION
AND
TO
REDESIGNATE
THE
SECTION;
AMENDING
SECTION
7
42
-
1310,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
WATER
DELIVERY
OR
-
8
GANIZATIONS
MAINTAINING
AND
REPAIRING
LATERALS
AND
TO
REDESIGNATE
THE
9
SECTION;
AMENDING
CHAPTER
13,
TITLE
42,
IDAHO
CODE,
BY
THE
ADDITION
OF
10
A
NEW
SECTION
42
-
1315,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
1
1
DIVERSION
STRUCTURES
AND
MEASURING
DEVICES;
AMENDING
SECTION
18
-
4310,
12
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
INTERFERENCE
WITH
THE
DE
-
13
LIVERY
OF
WATER;
AMENDING
SECTION
43
-
404A,
IDAHO
CODE,
TO
REVISE
A
CODE
14
REFERENCE
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AND
DECLARING
AN
EMERGENCY
15
AND
PROVIDING
AN
EFFECTIVE
DATE.
16
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
17
SECTION
1.
That
Chapter
9,
Title
42,
Idaho
Code,
be,
and
the
same
is
18
hereby
repealed.
19
SECTION
2.
That
Chapter
12,
Title
42,
Idaho
Code,
be,
and
the
same
is
20
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
21
ignated
as
Section
42
-
1210,
Idaho
Code,
and
to
read
as
follows:
22
42
-
1210.
INJURING
DITCH
OR
HEADGATE
-
-
TRIPLE
DAMAGES.
(1)
No
person
23
shall,
without
the
consent
of
a
water
delivery
organization,
as
that
term
is
24
defined
in
section
42
-
1301,
Idaho
Code,
a
lateral
manager
of
a
lateral
water
25
users'
association
established
pursuant
to
chapter
13,
title
42,
Idaho
Code,
26
or
a
watermaster
of
a
water
district
established
pursuant
to
chapter
6,
title
27
42,
Idaho
Code,
wrongfully:
28
(a)
Divert
any
water
from
the
ditch
or
channel
where
it
was
placed,
29
caused
to
be,
or
left
to
run
by
the
water
delivery
organization,
a
lat
-
30
eral
manager,
a
watermaster,
or
an
authorized
representative
thereof;
31
(b)
Shut
or
open
any
ditch,
gate,
pump,
diversion
structure,
or
dam
with
32
intent
to:
33
(i)
Divert
any
water
without
a
right
to
do
so;
or
34
(ii)
Deprive
any
person
of
the
use
of
the
water
during
any
part
of
35
the
time
that
such
person
is
entitled
to
the
use
of
such
water;
36
(c)
Cut
or
alter
any
ditch;
or
37
(d)
Break
or
destroy
any
gate,
pump,
diversion
structure,
or
dam.
38
(2)
A
person
who
violates
the
provisions
of
this
section
shall
be
liable
39
in
a
civil
action
to
the
person
injured
at
three
(3)
times
the
actual
damage
40
sustained
in
consequence
of
any
such
wrongful
act
or
acts.
41
SECTION
3.
That
Chapter
12,
Title
42,
Idaho
Code,
be,
and
the
same
is
42
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
43
ignated
as
Section
42
-
1211,
Idaho
Code,
and
to
read
as
follows:
44
3
42
-
1211.
LIABILITY
FOR
WASTE
OF
WATER.
Any
person
entitled
to
the
use
1
of
water
from
any
ditch,
canal,
or
conduit
who
willfully
or
wantonly
wastes
2
water
in
a
manner
that
causes
injury
or
damage
to
another
person's
real
prop
-
3
erty
shall
be
liable
in
a
civil
action
to
the
owner
of
the
injured
or
damaged
4
real
property.
5
SECTION
4.
That
Section
42
-
1301
,
Idaho
Code,
be,
and
the
same
is
hereby
6
repealed.
7
SECTION
5.
That
Section
42
-
1302
,
Idaho
Code,
be,
and
the
same
is
hereby
8
repealed.
9
SECTION
6.
That
Section
42
-
1303
,
Idaho
Code,
be,
and
the
same
is
hereby
10
repealed.
1
1
SECTION
7.
That
Section
42
-
1304
,
Idaho
Code,
be,
and
the
same
is
hereby
12
repealed.
13
SECTION
8.
That
Section
42
-
1305
,
Idaho
Code,
be,
and
the
same
is
hereby
14
repealed.
15
SECTION
9.
That
Section
42
-
1306
,
Idaho
Code,
be,
and
the
same
is
hereby
16
repealed.
17
SECTION
10.
That
Section
42
-
1307
,
Idaho
Code,
be,
and
the
same
is
hereby
18
repealed.
19
SECTION
11.
That
Section
42
-
1308
,
Idaho
Code,
be,
and
the
same
is
hereby
20
repealed.
21
SECTION
12.
That
Section
42
-
1309
,
Idaho
Code,
be,
and
the
same
is
hereby
22
repealed.
23
SECTION
13.
That
Section
42
-
1313
,
Idaho
Code,
be,
and
the
same
is
hereby
24
repealed.
25
SECTION
14.
That
Chapter
13,
Title
42,
Idaho
Code,
be,
and
the
same
is
26
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
27
ignated
as
Section
42
-
1301,
Idaho
Code,
and
to
read
as
follows:
28
42
-
1301.
DEFINITIONS.
As
used
in
this
chapter:
29
(1)
"Delivery
point"
means
the
location
where
a
water
delivery
organi
-
30
zation
transfers
the
control
of
water
to
the
water
users
on
a
lateral.
31
(2)
"Lateral"
means
any
ditch,
canal,
or
conduit
not
operated
and
main
-
32
tained
by
a
water
delivery
organization
that
is
shared
by
water
users
enti
-
33
tled
to
receive
water
from:
34
(a)
The
same
delivery
point
or
points;
or
35
(b)
The
same
point
or
points
of
diversion
from
a
natural
water
source.
36
(3)
"Water
delivery
organization"
means
any
entity
recognized
by
Idaho
37
law
that
operates
water
diversion
and
delivery
facilities,
including
but
not
38
limited
to
a
canal
company,
ditch
company,
irrigation
company,
irrigation
39
district,
reservoir
company,
reservoir
district,
or
water
company.
A
water
40
4
delivery
organization
does
not
include
a
lateral
water
users'
association
1
created
pursuant
to
this
chapter.
2
(4)
"Water
user"
means
any
person
or
entity
entitled
to
receive
water
3
through
a
lateral.
4
SECTION
15.
That
Chapter
13,
Title
42,
Idaho
Code,
be,
and
the
same
is
5
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
6
ignated
as
Section
42
-
1302,
Idaho
Code,
and
to
read
as
follows:
7
42
-
1302.
LATERAL
WATER
USERS'
ASSOCIATION
ORGANIZATION
-
-
BOARD
OF
8
DIRECTORS
AND
LATERAL
MANAGER.
(1)
Water
users
who
share
a
common
lateral
or
9
laterals
shall
be
members
of
and
shall
constitute
a
water
users'
association
10
known
as
a
lateral
water
users'
association.
1
1
(2)
The
association
shall
meet
annually
between
January
1
and
the
last
12
Monday
in
March
of
each
year.
13
(a)
The
secretary
-
treasurer
of
the
association
shall
call
the
annual
14
meeting
by
providing
ten
(10)
days'
written
notice
before
the
annual
15
meeting
date.
16
(b)
If
for
any
reason
the
secretary
-
treasurer
fails
to
call
a
meeting,
17
the
annual
meeting
shall
be
held
on
the
last
Monday
in
March.
18
(3)
At
the
annual
meeting,
the
association
shall:
19
(a)
Elect
a
chair,
vice
chair,
and
a
secretary
-
treasurer
to
serve
as
the
20
association's
board
of
directors
for
one
(1)
year
or
until
successors
21
are
elected;
22
(b)
Elect
a
lateral
manager
to
manage
the
distribution
of
water;
and
23
(c)
Set
the
compensation
of
such
elected
officers.
24
(4)
The
association
may:
25
(a)
Adopt
rules
and
regulations
for
the
management
of
the
lateral
or
26
laterals
and
the
delivery
of
water
therefrom;
27
(b)
By
majority
vote,
if
it
is
considered
to
be
in
the
best
interests
of
28
the
lateral
water
users'
association,
combine
one
(1)
or
more
laterals
29
or
abandon
any
lateral
not
in
use;
and
30
(c)
Take
any
lawful
action
if
doing
so
is
in
the
best
interests
of
the
31
association.
32
(5)
Each
water
user
in
the
association
shall
be
entitled
to
cast
one
(1)
33
vote,
in
person,
for
each
inch
of
water
the
water
user
is
entitled
to
receive
34
from
the
lateral
and
a
fractional
vote
equal
to
the
fraction
of
an
inch
of
35
water
the
water
user
is
entitled
to
receive.
Corporations
or
other
legally
36
recognized
entities
may
designate
a
representative
to
cast
the
vote
accord
-
37
ing
to
this
subsection.
38
SECTION
16.
That
Chapter
13,
Title
42,
Idaho
Code,
be,
and
the
same
is
39
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
40
ignated
as
Section
42
-
1303,
Idaho
Code,
and
to
read
as
follows:
41
42
-
1303.
LATERAL
MANAGER
-
-
DUTIES
-
-
ALTERNATE
METHODS
OF
ELECTION
42
OR
APPOINTMENT.
(1)
The
lateral
manager
shall
ascertain
and
ensure
that
the
43
amount
of
water
that
each
water
user
is
entitled
to
receive
is
properly
ap
-
44
portioned
and
distributed
for
the
succeeding
irrigation
season.
45
(2)
Should
a
lateral
water
users'
association
fail
to
elect
a
lateral
46
manager
or
fix
such
manager's
compensation
at
its
annual
meeting:
47
5
(a)
The
association's
board
of
directors
may
elect
a
lateral
manager
1
and
set
such
manager's
compensation;
or
2
(b)
The
association's
water
users
may
select
and
appoint
a
lateral
man
-
3
ager
by
a
written
document
that
designates
the
manager,
sets
the
compen
-
4
sation,
and
is
signed
by
a
majority
of
water
users
from
the
association.
5
(3)
Any
lateral
manager
elected
or
appointed
pursuant
to
subsection
(2)
6
of
this
section
or
section
42
-
1302,
Idaho
Code,
shall:
7
(a)
Have
documentation
of
their
election
or
appointment
recorded
with:
8
(i)
The
manager,
superintendent,
or
board
of
directors
of
the
wa
-
9
ter
delivery
organization
that
delivers
water
to
the
lateral's
de
-
10
livery
point
or
points;
or
1
1
(ii)
The
watermaster
of
the
state
water
district
appointed
pur
-
12
suant
to
section
42
-
605,
Idaho
Code,
who
delivers
water
to
the
13
point
or
points
of
diversion
from
a
natural
water
source;
and
14
(b)
Be
treated
as
the
lateral
manager
by
the
water
delivery
organiza
-
15
tion
for
the
succeeding
irrigation
season
unless
such
organization
is
16
notified
by
the
lateral
water
users'
association
that
a
new
lateral
man
-
17
ager
has
been
elected
or
appointed.
18
(4)
Any
water
delivery
organization
delivering
water
to
a
lateral
de
-
19
livery
point
or
points
may,
upon
providing
reasonable
notice,
refuse
deliv
-
20
ery
of
water
for
failure
of
the
water
users
to
appoint
or
select
a
lateral
21
manager
pursuant
to
this
section
or
section
42
-
1302,
Idaho
Code.
22
SECTION
17.
That
Chapter
13,
Title
42,
Idaho
Code,
be,
and
the
same
is
23
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
24
ignated
as
Section
42
-
1304,
Idaho
Code,
and
to
read
as
follows:
25
42
-
1304.
LATERAL
MANAGER
-
-
APPOINTMENT
BY
WATER
DELIVERY
ORGANIZA
-
26
TION.
(1)
If
an
association's
water
users
do
not
elect
or
otherwise
appoint
27
a
lateral
manager
pursuant
to
section
42
-
1302
or
42
-
1303,
Idaho
Code,
the
28
board
of
directors
of
the
water
delivery
organization
that
delivers
water
to
29
the
lateral
may,
upon
the
written
request
of
one
(1)
or
more
of
the
associ
-
30
ation's
water
users,
appoint
and
set
the
compensation
of
a
lateral
manager.
31
Such
compensation
shall
be
assessed
to
the
water
users
pursuant
to
this
chap
-
32
ter
and
may
be
collected
in
the
same
manner
as
other
assessments
are
col
-
33
lected
by
the
water
delivery
organization.
34
(2)
A
lateral
manager
appointed
pursuant
to
this
section
shall:
35
(a)
Have
and
exercise
all
of
the
powers
and
perform
all
of
the
duties
of
36
a
lateral
manager
as
described
in
this
chapter;
and
37
(b)
Serve
only
for
the
period
fixed
by
the
appointment
and
not
beyond
38
the
remainder
of
the
year
in
which
the
manager
is
appointed.
39
SECTION
18.
That
Chapter
13,
Title
42,
Idaho
Code,
be,
and
the
same
is
40
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
41
ignated
as
Section
42
-
1305,
Idaho
Code,
and
to
read
as
follows:
42
42
-
1305.
LATERAL
MANAGER
-
-
APPOINTMENT
BY
DIRECTOR
OF
DEPARTMENT
43
OF
WATER
RESOURCES.
(1)
If
water
users
taking
water
from
the
same
point
or
44
points
of
diversion
from
any
natural
water
source
do
not
select
or
elect
a
45
lateral
manager
as
provided
in
this
chapter,
then
the
director
of
the
depart
-
46
ment
of
water
resources
may
appoint
and
set
the
compensation
of
a
lateral
47
6
manager
upon
the
written
request
from
one
(1)
or
more
of
the
association's
1
water
users
alleging
that
water
is
not
being
apportioned
and
distributed
2
properly
among
the
water
users
from
the
lateral
and
that
the
rights
of
the
3
water
users
are
thereby
being
injured.
4
(2)
A
lateral
manager
appointed
by
the
director
pursuant
to
this
sec
-
5
tion:
6
(a)
May
set
and
collect
assessments
as
is
necessary
to
achieve
the
7
proper
allocation
and
distribution
of
water
from
laterals;
8
(b)
Shall
not
borrow
money
or
otherwise
mortgage
or
pledge
assets
pur
-
9
suant
to
this
chapter;
and
10
(c)
Shall
serve
only
for
the
period
fixed
by
the
appointment
and
not
be
-
1
1
yond
the
remainder
of
the
year
in
which
the
manager
is
appointed.
12
(3)
If
the
lateral
is
within
a
water
district
established
pursuant
to
13
chapter
6,
title
42,
Idaho
Code,
the
director
shall,
upon
receipt
of
request
14
for
appointment
of
a
lateral
manager,
advise
the
watermaster
of
the
request
15
and
invite
the
watermaster
to
make
recommendations
concerning
the
need
for
16
appointment
of
a
lateral
manager
and
the
nomination
of
a
person
to
be
ap
-
17
pointed
if
an
appointment
is
necessary.
18
(4)
The
director
shall
make
a
reasonable
effort
to
provide
written
no
-
19
tice
of
the
request
to
all
affected
lateral
water
users.
Except
in
the
case
20
of
serious
threat
of
imminent
injury
to
person
or
property,
the
director
21
shall
allow
fourteen
(14)
days
for
written
response
to
the
request.
22
(5)
Based
on
a
review
of
the
request,
the
responses
thereto,
the
rec
-
23
ommendations
of
the
watermaster,
and
any
investigation
by
the
department
24
of
water
resources,
the
director
shall
issue
a
decision
either
appointing
a
25
lateral
manager
or
declining
appointment
of
a
lateral
manager.
Any
person
26
aggrieved
by
the
director's
decision
shall
be
entitled
to
request
a
hearing
27
before
the
director
pursuant
to
section
42
-
1701A,
Idaho
Code.
28
SECTION
19.
That
Chapter
13,
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
-
1306,
Idaho
Code,
and
to
read
as
follows:
31
42
-
1306.
LATERALS
-
-
REPAIRS,
IMPROVEMENTS,
AND
MAINTENANCE
-
-
32
ASSESSMENT
OF
COSTS.
(1)
Water
users
shall
keep
their
laterals
in
good
condi
-
33
tion
for
carrying
and
distributing
water.
34
(2)
A
water
delivery
organization
may
send
written
notices
to
water
35
users
or
a
lateral
water
users'
association
specifying
any
lateral
mainte
-
36
nance
deficiencies
and
a
reasonable
time
to
remedy
the
deficiencies.
The
37
water
delivery
organization
may
refuse
delivery
of
water
for
failure
of
the
38
water
users
or
lateral
water
users'
association
to
adequately
maintain
any
39
lateral
pursuant
to
the
water
delivery
organization's
notice.
40
(3)
Water
users
or
a
lateral
water
users'
association
who
neglect
or
41
refuse
to
perform
the
duties
imposed
on
them
by
this
section
shall
have
no
42
cause
of
action,
including
damages,
against
the
water
delivery
organization
43
for
failure
to
deliver
or
distribute
water
to
the
lateral.
44
(4)
The
operation,
improvement,
repair,
and
maintenance
of
any
lateral
45
shall
be
under
the
direction
of
the
association's
board
of
directors.
The
46
board,
with
the
lateral
manager,
shall
examine
laterals
with
maintenance
de
-
47
ficiencies
and
prepare
an
estimate
of
the
total
cost
to
repair,
operate,
and
48
maintain
the
lateral
so
that
water
can
be
properly
delivered
to
the
asso
-
49
7
ciation's
water
users
during
the
succeeding
irrigation
season.
Such
total
1
costs,
plus
compensation
for
the
board
members
and
lateral
manager,
shall
be
2
assessed
to
each
water
user
either:
3
(a)
In
the
proportion
which
the
quantity
of
water
the
water
user
is
en
-
4
titled
to
receive
from
the
lateral
or
laterals
bears
to
the
total
quan
-
5
tity
of
water
which
all
lateral
water
users'
association
water
users
are
6
entitled
to
receive;
or
7
(b)
If
the
water
user's
land
consists
of
a
lot
or
lots
within
a
city
or
8
village,
then
the
assessment
may
be
made
on
the
basis
of
each
lot,
the
9
same
to
be
uniform
on
lots
of
the
same
size.
10
SECTION
20.
That
Chapter
13,
Title
42,
Idaho
Code,
be,
and
the
same
is
1
1
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
12
ignated
as
Section
42
-
1307,
Idaho
Code,
and
to
read
as
follows:
13
42
-
1307.
ASSESSMENTS
-
-
NOTICE
-
-
PENALTIES
FOR
DELINQUENCY.
(1)
On
or
14
before
April
15,
an
association's
secretary
-
treasurer
of
the
lateral
water
15
users'
association
shall
assess
each
water
user
for
that
year.
Such
assess
-
16
ment
shall
be
due
and
payable
on
May
1
each
year.
If
the
assessment
is
not
17
paid
by
the
water
user
on
or
before
June
15
each
year:
18
(a)
A
penalty
of
ten
percent
(10%)
may
be
added
thereto;
and
19
(b)
The
total
amount
due
shall
then
draw
interest
at
the
rate
of
ten
per
-
20
cent
(10%)
per
annum
from
June
15
until
paid.
21
(2)
The
lateral
water
users'
association
may,
by
vote
of
the
water
users
22
at
any
annual
meeting,
set
dates
for
notice
and
payment
of
assessments
and
23
any
related
late
fees
that
are
different
than
those
prescribed
by
this
sec
-
24
tion,
provided
that
each
water
user
is
always
given
at
least
fifteen
(15)
25
days'
notice
to
make
a
payment.
26
SECTION
21.
That
Chapter
13,
Title
42,
Idaho
Code,
be,
and
the
same
is
27
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
28
ignated
as
Section
42
-
1308,
Idaho
Code,
and
to
read
as
follows:
29
42
-
1308.
DELINQUENT
WATER
USERS
NOT
ENTITLED
TO
WATER.
(1)
No
water
30
user
that
has
a
delinquent
assessment
shall
be
entitled
to
demand
or
receive
31
water
from
a
lateral.
32
(2)
The
lateral
manager
shall
not
distribute
any
water
to
the
water
33
user
that
has
a
delinquent
assessment
except
upon
order
of
the
association's
34
board
of
directors,
who
may
allow
the
delivery
of
water
if
the
water
user
35
provides
security
satisfactory
to
the
board
for
the
payment
of
any
such
36
delinquent
assessment.
37
SECTION
22.
That
Chapter
13,
Title
42,
Idaho
Code,
be,
and
the
same
is
38
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
39
ignated
as
Section
42
-
1309,
Idaho
Code,
and
to
read
as
follows:
40
42
-
1309.
COLLECTION
AND
DISBURSEMENT
OF
FUNDS.
(1)
A
lateral
water
41
users'
association's
lateral
manager
or
secretary
-
treasurer
shall
collect
42
all
assessments
made
to
the
association
and
shall
deposit
the
same
into
an
43
account
that
is
in
the
name
of
the
association.
44
(2)
The
secretary
-
treasurer
shall:
45
8
(a)
Keep
the
funds
of
the
association
in
the
account
and
pay
the
costs
1
and
expenses
for
the
management
and
operation
of
the
laterals;
and
2
(b)
Upon
the
order
of
the
association's
board
of
directors,
perform
3
other
duties
as
the
association
may
prescribe.
4
SECTION
23.
That
Chapter
13,
Title
42,
Idaho
Code,
be,
and
the
same
is
5
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
6
ignated
as
Section
42
-
1310,
Idaho
Code,
and
to
read
as
follows:
7
42
-
1310.
ACTION
FOR
COLLECTION
OF
DELINQUENT
ASSESSMENTS
-
-
ATTOR
-
8
NEY'S
FEES.
(1)
A
lateral
water
users'
association's
board
of
directors
or
9
lateral
manager,
or
the
water
delivery
organization
associated
therewith,
10
may
sue
to
collect
any
delinquent
assessments
that
are
due
and
unpaid
in
any
1
1
court
of
competent
jurisdiction.
12
(2)
Reasonable
attorney's
costs
and
fees
may
be
collected,
as
deter
-
13
mined
by
the
court,
in
addition
to
the
full
delinquent
assessment
and
all
14
penalties
and
interest
associated
therewith
and
costs
incurred
in
attempt
-
15
ing
to
collect
such
assessment.
16
SECTION
24.
That
Section
42
-
1311,
Idaho
Code,
be,
and
the
same
is
hereby
17
amended
to
read
as
follows:
18
42
-
1311.
AMOUNT
AND
LIEN
OF
ASSESSMENTS
BY
LATERAL
WATER
USERS'
ASSO
-
19
CIATION
.
(1)
The
amount
assessed
against
each
water
user,
together
with
any
20
penalties
and
interest,
shall
be
a
first
and
prior
lien
,
except
as
to
a
lien
21
related
to
taxes
and
assessments
of
a
water
delivery
organization,
upon
the
22
water
user's
land
that
is
entitled
to
receive
water
from
the
point
or
points
23
of
delivery
in
the
canal
or
reservoir,
or
from
the
point
or
points
of
diver
-
24
sion
from
waters
of
the
state,
that
supplies
the
association's
lateral
or
25
ditch.
26
(2)
The
lien
shall
be
recorded
and
collected
in
accordance
with
27
pursuant
to
section
55
-
3207,
Idaho
Code
,
governing
homeowner's
association
28
liens,
except
that
the
lien
may
be
continued
in
force
for
a
period
of
time
29
not
to
exceed
three
(3)
years
and
may
be
extended
not
to
exceed
three
(3)
30
additional
years.
The
lien
provided
for
in
this
section
shall
have
priority
31
according
to
its
date
of
recordation,
except
as
to
other
liens
described
in
32
titles
42
and
43,
Idaho
Code
.
33
SECTION
25.
That
Chapter
13,
Title
42,
Idaho
Code,
be,
and
the
same
is
34
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
35
ignated
as
Section
42
-
1312,
Idaho
Code,
and
to
read
as
follows:
36
42
-
1312.
LATERAL
WATER
USERS'
ASSOCIATION
AUTHORIZED
TO
BORROW
MONEY
37
OR
TO
MORTGAGE
OR
PLEDGE
ASSETS.
(1)
A
lateral
water
users'
association
may:
38
(a)
Borrow
money
to
repay
a
loan;
39
(b)
Mortgage
or
pledge
any
assets
of
the
association
as
security
for
a
40
loan;
and
41
(c)
Levy
assessments
to
repay
a
loan.
42
(2)
Before
any
money
can
be
borrowed
or
any
mortgage
or
pledge
can
be
43
made
or
entered
into,
the
association's
secretary
-
treasurer
shall
send
a
44
written
notice
to
all
water
users
to
inform
the
water
users
that
an
election
45
9
is
being
called
to
determine
whether
or
not
the
association,
through
its
1
chair
and
secretary
-
treasurer,
may
borrow
money
or
mortgage
or
pledge
its
2
assets.
Such
notice
shall
include
a
brief
description
of
the
proposed
action
3
and
the
date,
time,
and
place
of
such
election,
which
shall
be
held
at
least
4
ten
(10)
days
after
the
date
of
the
secretary
-
treasurer's
notice.
5
(3)
The
election
shall
be
determined
by
a
majority
vote
of
the
water
6
users
present
at
the
election
in
accordance
with
section
42
-
1302(5),
Idaho
7
Code.
8
SECTION
26.
That
Section
42
-
1312,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
42
-
1312.
42
-
1313.
WITHDRAWAL
FROM
LATERAL
WATER
USERS'
ASSOCIA
-
1
1
TION.
(1)
A
water
user
may
withdraw
from
the
a
water
users'
association
by
12
providing
written
notice
and
proof
that
the
water
user's
land
is
no
longer
13
entitled
to
receive
water
from
the
water
delivery
organization
and
the
point
14
or
points
of
delivery
in
the
canal
or
reservoir,
or
from
the
point
or
points
15
of
diversion
from
waters
of
the
state,
that
supplies
the
association's
lat
-
16
eral
or
ditch.
17
(2)
Withdrawal
shall
not
affect
any
delinquent
assessment
or
lien
18
recorded
against
the
water
user's
land
pursuant
to
section
42
-
1311,
Idaho
19
Code,
prior
to
this
chapter
that
accrued
before
the
user's
withdrawal.
20
SECTION
27.
That
Section
42
-
1310,
Idaho
Code,
be,
and
the
same
is
hereby
21
amended
to
read
as
follows:
22
42
-
1310.
42
-
1314.
LATERAL
DITCHES
WATER
DELIVERY
ORGANIZATIONS
-
-
23
REPAIRS,
IMPROVEMENTS
,
AND
MAINTENANCE
BY
IRRIGATION
DELIVERY
ENTITIES
OF
24
LATERALS
.
(1)
In
the
event
that
a
water
users'
association
of
lateral
or
lat
-
25
erals
has
not
been
constituted
on
a
particular
lateral
or
distributing
ditch
26
If
a
lateral
water
users'
association
has
not
elected
a
board
of
directors
or
27
appointed
a
lateral
manager
pursuant
to
this
chapter,
any
individual
water
28
user
taking
water
from
a
canal
or
reservoir
to
be
conveyed
to
their
respec
-
29
tive
premises
for
any
distance
through
such
lateral
or
distributing
ditch
30
may
authorize
the
irrigation
delivery
entity
lateral
may
authorize
the
water
31
delivery
organization
providing
water
to
the
lateral
or
ditch
to
perform
any
32
necessary
repairs,
improvements,
or
maintenance
to
the
lateral
or
ditch
.
33
(2)
The
irrigation
delivery
entity
may
agree
to
perform
such
work
only
34
if
it
has
duly
adopted
a
bylaw
authorizing
such
work
to
be
done
for
its
in
-
35
dividual
water
users,
or
adopts
water
delivery
organization
may
perform
the
36
requested
work
only
if
the
organization's
board
has
adopted
a
resolution
au
-
37
thorizing
the
work.
38
(3)
In
performing
such
work,
the
irrigation
delivery
entity
The
water
39
delivery
organization
shall
have
the
same
rights
and
privileges
as
the
wa
-
40
ter
user
authorizing
the
work
to
enter
the
land
across
which
the
associated
41
right
-
of
-
way
extends
,
for
the
purposes
of
cleaning,
maintaining
and
repair
-
42
ing
the
lateral
or
ditch,
and
to
perform
such
work,
as
does
the
individual
43
water
user
authorizing
the
work
to
clean,
maintain,
repair,
and
perform
such
44
other
work
as
may
be
done
by
the
authorizing
water
user
.
45
(4)
By
performing
such
work,
the
irrigation
delivery
entity
water
46
delivery
organization
does
not
assume
ownership
of
the
lateral
or
ditch,
47
10
or
responsibility
for
or
incur
liability
for
any
injury
to
person
or
prop
-
1
erty
caused
by
an
act
or
omission
of
the
individual
authorizing
water
user
2
authorizing
the
work,
or
of
any
other
person
.
3
(5)
When
such
work
has
been
authorized,
the
irrigation
entity
shall
as
-
4
sess
the
individual
water
delivery
organization
may
assess
the
respective
5
authorizing
water
user
or
users
for
the
annual
cost
of
any
necessary
repairs,
6
improvements,
or
maintenance
performed
on
the
lateral
or
ditch
,
in
addition
7
to
the
assessments
that
are
levied
by
the
water
delivery
organization
for
the
8
delivery
of
water
to
the
individual
water
user
or
users
,
and
the
same
provi
-
9
sions
shall
apply
with
regard
to
delinquent
assessments
as
in
the
case
of
as
-
10
sessments
levied
by
the
water
delivery
organization
for
the
delivery
of
wa
-
1
1
ter.
12
(6)
Nothing
in
this
section
shall
affect
the
authority
of
a
lateral
wa
-
13
ter
users'
association
of
lateral
or
laterals
from
assessing
its
members
for
14
work
authorized
under
pursuant
to
this
chapter.
15
SECTION
28.
That
Chapter
13,
Title
42,
Idaho
Code,
be,
and
the
same
is
16
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
17
ignated
as
Section
42
-
1315,
Idaho
Code,
and
to
read
as
follows:
18
42
-
1315.
WATER
DELIVERY
ORGANIZATIONS
TO
FURNISH
DIVERSION
STRUC
-
19
TURES
AND
MEASURING
DEVICES.
(1)
Each
water
delivery
organization
shall
20
provide
the
necessary
diversion
structures
and
measuring
devices
at
deliv
-
21
ery
points
to
control
and
measure
the
quantity
of
water
being
delivered
to
22
water
users
served
by
the
water
delivery
organization,
unless
the
bylaws
or
23
controlling
documents
of
the
water
delivery
organization
provide
otherwise.
24
(2)
Measuring
devices
shall
comply
with
standards
approved
by
the
de
-
25
partment
of
water
resources.
26
SECTION
29.
That
Section
18
-
4310,
Idaho
Code,
be,
and
the
same
is
hereby
27
amended
to
read
as
follows:
28
18
-
4310.
NEGLECT
TO
DELIVER
WATER
-
-
INTERFERENCE
WITH
DELIVERY.
Any
29
superintendent
or
any
person
having
control
or
charge
of
the
said
ditch,
30
canal
or
conduit,
who
shall
wilfully
neglect
or
refuse
to
deliver
water
as
31
provided
in
chapter
9,
of
title
42,
or
person
or
persons
who
shall
prevent
32
or
interfere
Any
person
who
willfully
and
wrongfully
prevents
or
interferes
33
with
the
proper
delivery
of
water
to
the
person
or
persons
having
a
right
34
thereto
,
shall
be
guilty
of
a
misdemeanor
;
and
the
owner
or
owners
of
such
35
ditch,
canal
or
conduit
shall
be
liable
in
damages
to
the
person
or
persons
36
deprived
of
the
use
of
water
to
which
they
were
entitled
as
provided
in
said
37
chapter
9
.
38
SECTION
30.
That
Section
43
-
404A,
Idaho
Code,
be,
and
the
same
is
hereby
39
amended
to
read
as
follows:
40
43
-
404A.
CONTRACTS
OF
PAYMENT
FOR
REHABILITATION.
If
the
reconstruc
-
41
tion,
rehabilitation
,
or
replacement
of
dams,
structures
,
or
works
deter
-
42
mined
necessary
in
accordance
with
section
43
-
401A,
Idaho
Code,
involves
a
43
dam,
structure
,
or
works
which
also
provide
water
storage,
diversion
,
or
de
-
44
livery
of
water
to
water
users
or
water
user
organizations
for
the
use
of
said
45
11
water
on
lands
not
within
the
boundaries
of
the
district
proposing
the
im
-
1
provements,
the
district
(hereinafter
referred
to
as
constructing
district)
2
may
contract
with
such
water
users
or
water
user
organizations
for
payment
3
by
them,
over
a
period
of
time
not
to
exceed
the
period
of
any
bonded
indebt
-
4
edness
incurred
by
the
constructing
district
to
finance
construction
of
the
5
improvements,
of
a
proportionate
share
of
the
cost
s
of
such
improvements,
6
including
design,
construction,
land
acquisition
,
and
other
related
costs,
7
to
include
interest
on
the
unpaid
balance
of
said
proportionate
share
of
such
8
water
users
or
water
user
organization
at
a
rate
equal
to
the
average
rate
of
9
interest
payable
by
the
constructing
district
on
any
bonded
indebtedness
in
-
10
curred
by
it
in
financing
the
improvements.
1
1
If
the
water
user
organization
contracting
for
payment
of
a
propor
-
12
tionate
share
of
the
costs
of
the
improvements
is
an
irrigation
district
13
(hereinafter
referred
to
as
contracting
district)
organized
pursuant
to
ti
-
14
tle
43,
Idaho
Code,
the
board
of
directors
of
such
district
shall
negotiate
a
15
proposed
contract
with
the
constructing
district.
Thereafter,
the
question
16
of
entering
into
the
proposed
contract
shall
be
submitted
to
the
electors
of
17
such
contracting
district
in
a
manner
substantially
in
conformance
with
the
18
provisions
of
section
43
-
401,
Idaho
Code.
If
at
least
two
-
thirds
(2/3)
of
19
the
electors
approve
the
execution
of
the
contract,
the
board
shall
confirm
20
the
proceeding
as
provided
in
connection
with
a
bond
issue,
and
following
21
confirmation,
the
board
shall
execute
the
contract
and
thereafter
an
annual
22
assessment
to
provide
revenue
for
payment
of
the
obligation
and
interest
23
thereon
shall
be
levied
and
collected
on
lands
within
the
contracting
dis
-
24
trict
in
the
manner
provided
for
assessment
for
payment
of
bonds
and
interest
25
thereon.
The
provisions
of
section
43
-
404,
Idaho
Code,
shall
be
applicable
26
to
apportionment
of
benefits
accruing
under
the
terms
of
said
contract.
27
If
the
water
user
organization
contracting
for
payment
of
a
proportion
-
28
ate
share
of
the
costs
of
improvements
is
an
operating
company
entitled
to
a
29
lien
for
maintenance
charges
under
chapter
22,
title
42,
Idaho
Code,
it
shall
30
annually
assess
and
collect
the
costs
of
meeting
its
obligations
under
the
31
contract
as
a
toll,
assessment
,
or
charge
under
chapter
22,
title
42,
Idaho
32
Code.
33
If
the
water
user
organization
contracting
for
payment
of
a
proportion
-
34
ate
share
of
the
costs
of
the
improvements
is
a
lateral
ditch
water
user
as
-
35
sociation
organized
and
operating
under
chapter
13,
title
42,
Idaho
Code,
36
the
annual
cost
s
of
meeting
the
association's
obligation
under
the
contract
37
shall
be
included
in
the
assessment
made
under
section
42
-
1303,
Idaho
Code
38
pursuant
to
that
chapter
,
and
chapter
13,
title
42,
Idaho
Code,
shall
apply
39
to
the
collection
and
disbursement
of
said
assessment.
40
SECTION
31.
An
emergency
existing
therefor,
which
emergency
is
hereby
41
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
42
July
1,
2026.
43