Amends existing law regarding irrigation conduits and rights-of-way.

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 ACT1 RELATING TO IRRIGATION CONDUIT RIGHTS-OF-WAY; AMENDING SECTION 42-1102,2 IDAHO CODE, TO REVISE PROVISIONS REGARDING THE RIGHTS ASSOCIATED WITH3 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, TO5 DEFINE A TERM; AMENDING SECTION 42-1201, IDAHO CODE, TO REVISE PROVI-6 SIONS REGARDING THE OPERATION AND MAINTENANCE OF IRRIGATION CONVEYANCE7 FACILITIES AND TO REDESIGNATE THE SECTION; AMENDING SECTION 42-1207,8 IDAHO CODE, TO REVISE PROVISIONS REGARDING THE PLACEMENT OF IRRIGATION9 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 MAKE11 TECHNICAL CORRECTIONS; AMENDING SECTION 42-1208, IDAHO CODE, TO REVISE12 PROVISIONS REGARDING EASEMENTS, RIGHTS-OF-WAY, AND OTHER REAL PROPERTY13 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 CODE17 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 hereby20 amended to read as follows:21 42-1102. OWNERS OF LAND -- RIGHT TO RIGHT-OF-WAY. (1) Owners or22 claimants to land that do not have sufficient length of frontage on a stream23 to afford the requisite fall for a ditch, canal, lateral, drain, or other24 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 such26 stream, and convenient facilities otherwise for the watering of said lands27 cannot be had, such owners or claimants are entitled to a right-of-way28 through the lands of others for a ditch, canal, lateral, drain, or conduit to29 convey water to the place of use for the purposes of irrigation or to provide30 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 extends35 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 the38 land along the ditch, canal, lateral, drain, conduit, and embankments39 as is necessary to properly perform such work with personnel and with40 such equipment as is commonly used or is reasonably adapted to that41 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 owner3 or operator reasonably deems necessary to properly access, inspect, op-4 erate, clean, maintain, and repair them. The owner or operator has the5 right and discretion to transport the material from the right-of-way,6 to utilize the material for reconstruction, repair, or maintenance of7 the ditch, canal, lateral, drain, conduit, embankments, irrigation8 structures, and related roads and access areas, and to deposit and leave9 the material within the right-of-way, provided that the deposits occupy10 no greater width of land along the ditch, canal, lateral, drain, con-11 duit, and embankments than is reasonably necessary.12 (c) The right to occupy the right-of-way during any season of the year13 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 the16 land across which the right-of-way extends.17 (d) The right to construct, install, modify, maintain, or relocate any18 structure, headgate, siphon, measuring device, road, fence, gate, or19 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, or22 other conduit.23 (d) (e) The owner or operator of the ditch, canal, lateral, drain, or24 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 the29 owner of the ditch, canal, lateral, drain, or conduit has the right-of-way30 and all incidental rights confirmed or granted by this section if:31 (a) The servient estate owner has actual or constructive knowledge of32 the ditch, canal, lateral, drain, or conduit; or33 (b) The ditch, canal, lateral, drain, or conduit or any feature thereof34 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 person37 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 operator41 of the right-of-way in order to ensure that any such encroachments will42 not unreasonably or materially interfere with the use and enjoyment of the43 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 shall46 be removed at the expense of the person or entity causing or permitting such47 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 encroachment1 shall perform such removal, modification, repair, or restoration2 within a reasonable time after request from the owner or operator of the3 easement or right-of-way or immediately upon such request in the event4 of reduced delivery or drainage of water, property damage, safety risk,5 or other emergency. What constitutes a reasonable time to respond to6 the request depends on the circumstances affecting the use, operation,7 maintenance, and repair of the ditch, canal, lateral, drain, or conduit8 and associated easement or right-of-way.9 (b) If the person or entity that caused or permitted the encroachment10 fails to timely perform the requested actions, or in the event of re-11 duced delivery or drainage of water, property damage, safety risk, or12 other emergency, the owner or operator of the easement or right-of-way13 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 shall17 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 and20 shall be liable for all damages that may accrue therefrom.21 (7) Nothing in this section shall in any way affect the exercise of the22 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, as26 well as to ditches, canals, laterals, drains, conduits, and embankments27 constructed or existing after such effective date.28

SECTION 2. That Chapter 12, Title 42, Idaho Code, be, and the same is29 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 or33 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 hereby36 amended to read as follows:37 42-1201 42-1202. OPERATION AND MAINTENANCE OF IRRIGATION CONVEYANCE38 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 is41 operated to deliver water for irrigation, keep a flow of water therein42 sufficient to meet the needs of the persons or entities entitled to the43 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 when45 the board of directors or governing body of an entity furnishing water46

4 deems it in the best interests of that entity to reduce the water supply1 or dates of availability;2 (b) Construct the necessary outlets in the ditch, canal, lateral, or3 irrigation conduit for proper delivery of water to persons and entities4 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 can7 be used for beneficial or useful purposes to prevent the wasting and8 useless discharge and running away of water; and9 (d) Carefully keep and maintain the ditch, canal, lateral, or10 irrigation conduit in good repair and condition so as not to damage or11 in any way injure the property or premises of others and to prevent the12 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 care15 only and shall not be construed to impose strict liability or to otherwise16 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 liable19 for damage or injury caused by:20 (a) The diversion or discharge of water into a ditch, canal, lateral, or21 irrigation conduit by a third party without the permission of the owner22 or operator thereof;23 (b) Any other act or omission of a third party, other than an employee24 or agent of the owner or operator of the ditch, canal, lateral, or25 irrigation conduit; or26 (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 any29 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 hereby32 amended to read as follows:33 42-1207 42-1203. RELOCATION AND PIPING OF IRRIGATION CONVEYANCE34 FACILITIES AND DRAINAGE FACILITIES. (1) Where any ditch, canal, lateral,35 drain, or buried irrigation conduit has heretofore been, or may hereafter36 be, constructed across or beneath the lands of another:37 (a) The servient estate owner may, at his own expense, relocate or pipe38 the ditch, canal, lateral, drain, or buried irrigation conduit to any39 other part of his land, but such change must be made in such a manner40 as not to impede the flow of the water therein, or to otherwise injure41 any person or entity using or interested in such ditch, canal, lateral,42 drain, or buried irrigation conduit.; or43 (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 other45 conduit on his land, provided that the pipe, culvert, or other conduit46 installation and backfill reasonably meet standard specifications for47 such materials and construction, as set forth in the Idaho standards for48

5 public works construction or other standards recognized by the city or1 county in which the burying is to be done.2 (2) The right and responsibility for operation and maintenance of a3 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 with5 the owner of the ditch, canal, lateral irrigation conduit, or drain, but the6 servient estate owner, his heirs, executors, administrators, successors,7 and assigns shall be responsible for any increased operation and maintenance8 costs, including rehabilitation and replacement, unless otherwise agreed9 in writing with the owner of the ditch, canal, lateral, drain, or buried10 irrigation conduit.11 (3)(a) The written permission of the owner or operator of a ditch,12 canal, lateral, drain, or buried an irrigation conduit must first be13 obtained before it is relocated or placed in a pipe, culvert, or other14 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 person18 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 increased21 operation and maintenance costs, including rehabilitation and re-22 placement, unless otherwise agreed in writing with the owner or23 operator of the ditch, canal, lateral, drain, or buried irrigation24 conduit; and25 (iii) Adequate provision is made documenting, protecting, and26 perpetuating the ditch, canal, lateral, drain, or buried irri-27 gation conduit right-of-way pursuant to section 42-1102, Idaho28 Code.29 (b) Such written permission shall not be unreasonably withheld.30 (4) A ditch, canal, lateral, drain, or buried An irrigation conduit31 that is relocated or placed in a pipe, culvert, or other conduit without32 such express written permission shall be removed, modified, repaired,33 or restored to its prior location or condition, as directed by the owner34 thereof, at the expense of the person or entity that caused or permitted such35 relocation or placement in pipe, culvert, or other conduit, in the event36 it unreasonably or materially interferes with the use and enjoyment of the37 easement or right-of-way.38 (a) The person or entity that caused or permitted the relocation or39 the placement in pipe, culvert, or other conduit shall perform such re-40 moval, modification, repair, or restoration within a reasonable time41 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 delivery43 or drainage of water, property damage, safety risk, or other emergency.44 What constitutes a reasonable time to respond to the request depends on45 circumstances affecting the use, operation, maintenance, and repair of46 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 or49 the placement in pipe, culvert, or other conduit fails to timely perform50

6 the requested actions, or in the event of reduced delivery or drainage1 of water, property damage, safety risk, or other emergency, the owner2 or operator of the easement or right-of-way may proceed to perform such3 actions at the expense of the person or entity that caused or permitted4 the relocation or piping.5 (5) The owner or operator of a ditch, canal, lateral, drain, or buried6 An irrigation conduit that has been constructed across or beneath the lands7 of another may relocate or pipe the facility. be relocated or piped by its8 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-11 tate shall be obtained The irrigation conduit's owner or operator shall12 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 to15 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, or18 buried irrigation conduit an open surface channel used for irrigation19 or drainage shall have the right to place it in a buried conduit within20 the easement or right-of-way, without the permission of the servient21 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 by24 the city or county in which the burying is to be done, and as long as25 the construction is accomplished in a manner that the surface of the26 servient estate outside the easement or right-of-way and the owner's27 use thereof is not disrupted and is restored to its prior condition as28 expeditiously as possible, but no longer than thirty (30) days after the29 completion of construction.30 (c) (d) The owner of the servient estate may request that the conduit be31 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; and35 (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 by38 said relocation. Maintenance of the buried conduit shall be the39 responsibility of the conduit owner or operator.40 (6) This section shall apply to ditches, canals, laterals, drains, and41 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 hereby43 amended to read as follows:44 42-1208 42-1204. EASEMENTS, RIGHTS-OF-WAY, AND OTHER REAL PROPERTY45 NOT SUBJECT TO ADVERSE POSSESSION. (1) The easements, rights-of-way, or46 real property owned by irrigation districts, Carey act operating companies,47 nonprofit irrigation entities, lateral ditch associations, and drainage48 districts are not subject to adverse possession.49

7 (2) No person shall prevent free access of authorized personnel on such1 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 to3 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 hereby5 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 by8 irrigation districts, Carey act operating companies, nonprofit irrigation9 entities, lateral ditch associations, and drainage districts are essential10 for the operations of such irrigation and drainage entities. Accordingly,11 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, or14 other construction or placement of objects, without the written permis-15 sion of the irrigation district, Carey act operating company, nonprofit16 irrigation entity, lateral ditch association, or drainage district owning,17 operating, maintaining, or controlling the easement or right-of-way, in18 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-way20 and the incidental rights and protections described in sections 42-1102 and21 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, and25 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 entity27 causing or permitting such encroachments, upon the request of the persons28 operating, maintaining, or controlling the easement or right-of-way or the29 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 the31 easement or right-of-way.32 (a) The person or entity that caused or permitted the encroachment33 shall perform such removal, modification, repair, or restoration34 within a reasonable time after request from the owner or operator of35 the easement or right-of-way, or immediately upon such request in the36 event of reduced delivery or drainage of water, property damage, safety37 risk, or other emergency. What constitutes a reasonable time to respond38 to the request depends on circumstances affecting the use, operation,39 maintenance, and repair of the ditch, canal, lateral, drain, or buried40 irrigation conduit and associated easement or right-of-way.41 (b) If the person or entity that caused or permitted the encroachment42 fails to timely perform the requested actions, or in the event of re-43 duced delivery or drainage of water, property damage, safety risk, or44 other emergency, the owner or operator of the easement or right-of-way45 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 is47 performed on any municipal or public utility line.48

8 (3) Any person or entity that causes or permits an encroachment shall be1 responsible for its use, operation, maintenance, repair, and replacement to2 prevent unreasonable or material interference with a ditch, canal, lateral,3 drain, or an irrigation conduit and the associated easement or right-of-way4 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 the6 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 hereby9 amended to read as follows:10 18-4308. CHANGE OF DITCH, CANAL, LATERAL, DRAIN, OR BURIED IRRIGATION11 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 provisions13 of section 42-1207 42-1203, Idaho Code, shall be guilty of a misdemeanor.14

SECTION 8. An emergency existing therefor, which emergency is hereby15 declared to exist, this act shall be in full force and effect on and after16 July 1, 2026.17