SENATE BILL 1339
RS31232 / S1339
This legislation updates chapters 11 and 12 of Title 42 and one section of Title 18 that address ditch rights-of-way (ROW), operation and maintenance duties, interference and encroachments. This legislation: consolidates provisions that pertain to the same subject; repeals antiquated provisions that are no longer in use, and clarifies provisions based on recent Idaho Supreme Court decisions and contemporary experience: (1) laterals and drains will be added to the chapter 11 statutes that deal with ditch ROW existence, establishment and rights; (2) the circumstances in which a land owner has notice of a ditch ROW will be clarified in 42-1102(3); (3) ditch operation and maintenance duties will be defined in one statute (I.C. 42-1201), rather than five (I.C. 42-1102(3), 42-1201, 42-1202, 42-1203, 42-1204); (4) the following antiquated provisions will be repealed: I.C. 42-1108 (right to cross ditches); I.C. 42-1205 (bridges over ditches); I.C. 42-1206 (repair of community ditches), and (5) the written permission, encroachment removal and “self-help” provisions (as interpreted by the Idaho Supreme Court in Pioneer v. Caldwell, 153 Idaho 593, at 599-600 (2012)) are codified in the ditch encroachment provisions of 42-1102(5) and 42-1209(2), and in the ditch relocation and piping provision on 42-1207(1)(e) (addressing the Idaho Supreme Court’s decision in Hood v. Poorman, 519 P.3d 769 2022, to make it clear that the ditch owner’s “self-help” remedy applies to ditch relocation and piping as well as ditch ROW encroachments).
This legislation will have no impact on the state’s general fund or any dedicated fund or federal fund, because it does not affect the operations or activities of any state agency.
| Date | Description |
|---|---|
| 02/12 | Introduced; read first time; referred to JR for Printing |
| 02/13 | Reported Printed; referred to Resources & Environment |
| 02/20 | Reported out of Committee with Do Pass Recommendation; Filed for second reading |
| 02/21 | Read second time; filed for Third Reading |
| 02/27 | Read third time in full – PASSED - 35-0-0 AYES – Adams, Anthon, Bernt, Bjerke, Burtenshaw, Cook, Den Hartog, Foreman, Forsmann(Carlson), Grow, Guthrie, Harris, Hart, Hartgen, Herndon, Just, Lakey, Lee, Lenney, Lent, Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Schroeder, Semmelroth, Taylor, Toews, Trakel, VanOrden, Ward-Engelking, Winder, Wintrow, Zuiderveld NAYS – None Absent and excused – None Floor Sponsor - Burtenshaw Title apvd - to House |
| 02/28 | Received from the Senate, Filed for First Reading |
| 02/28 | Read First Time, Referred to Resources & Conservation |
| 03/07 | Reported out of Committee with Do Pass Recommendation, Filed for Second Reading |
| 03/08 | Read second time; Filed for Third Reading |
| 03/11 | U.C. to hold place on third reading calendar one legislative day |
| 03/12 | U.C. to hold place on third reading calendar one legislative day |
| 03/13 | Read Third Time in Full – PASSED - 67-0-3 AYES – Achilles, Alfieri, Allgood, Andrus, Barbieri, Berch, Blanksma, Boyle, Bundy, Burns, Cannon, Cheatum, Chew(Beazer), Cornilles, Crane(12), Crane(13), Dixon(1), Dixon(24), Durrant, Ehardt, Ehlers, Erickson, Furniss, Galaviz, Gallagher, Gannon, Garner, Green, Handy, Healey, Hill(McKnight), Holtzclaw, Horman, Kingsley, Lambert, Lanting, Manwaring, Mathias, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Necochea, Nelsen, Petzke, Pickett, Price, Raybould, Raymond, Redman, Roberts, Rubel, Sauter, Scott, Shepherd, Skaug, Tanner, Vander Woude, Weber, Wheeler, Wisniewski, Wroten, Yamamoto, Young, Mr. Speaker NAYS – None Absent – Clow, Hawkins, Palmer Floor Sponsor - Raybould Title apvd - to Senate |
| 03/13 | Returned From House Passed; referred to enrolling |
| 03/14 | Reported enrolled; signed by President; to House for signature of Speaker |
| 03/14 | Received from Senate; Signed by Speaker; Returned to Senate |
| 03/14 | Reported signed by the Speaker & ordered delivered to Governor |
| 03/15 | Reported delivered to Governor at 8:04 a.m. on 03/15/24 |
| 03/19 | Signed by Governor on 03/18/24 Session Law Chapter 93 Effective: 07/01/2024 |