RIGHTS-OF-WAY – Amends, repeals, and adds to existing law regarding irrigation and drainage rights-of-way.

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rather than five (I.C. 42-1102(3), 42-1201, 42-1202, 42-1203, 42-1204); (4) the following antiquated provisions will be repealed: I.C. 42-1108 (right to cross ditches); I.C. 42-1205 (bridges over ditches); I.C. 42-1206 (repair of community ditches), and (5) the written permission,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.

Bill Events
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