Amends, repeals, and adds to existing law to provide for the delivery of water.

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 ACT1 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, IDAHO4 CODE, TO ESTABLISH PROVISIONS FOR THE DAMAGE OF HEADGATES; AMENDING5 CHAPTER 12, TITLE 42, IDAHO CODE, BY THE ADDITION OF A NEW SECTION6 42-1211, IDAHO CODE, TO ESTABLISH LIABILITY FOR THE WASTE OF WATER;7 REPEALING SECTION 42-1301, IDAHO CODE, RELATING TO LATERAL DITCH WATER8 USERS' ASSOCIATIONS ORGANIZATION; REPEALING SECTION 42-1302, IDAHO9 CODE, RELATING TO LATERAL MANAGERS; REPEALING SECTION 42-1303, IDAHO10 CODE, RELATING TO LATERAL DITCHES; REPEALING SECTION 42-1304, IDAHO11 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 SECTION14 42-1307, IDAHO CODE, RELATING TO ACTION FOR ASSESSMENTS AND ATTORNEYS'15 FEES; REPEALING SECTION 42-1308, IDAHO CODE, RELATING TO APPOINTMENT OF16 LATERAL MANAGERS BY THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES;17 REPEALING SECTION 42-1309, IDAHO CODE, RELATING TO THE ASSOCIATION'S18 ABILITY TO BORROW MONEY; REPEALING SECTION 42-1313, IDAHO CODE, RE-19 LATING TO THE DEFINITION OF WATER USERS; AMENDING CHAPTER 13, TITLE20 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 PROVISIONS23 REGARDING THE LATERAL WATER USERS' ASSOCIATION ORGANIZATION, THE BOARD24 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, TO26 ESTABLISH PROVISIONS REGARDING THE LATERAL MANAGER; AMENDING CHAPTER27 13, TITLE 42, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 42-1304,28 IDAHO CODE, TO ESTABLISH PROVISIONS FOR ALTERNATIVE APPOINTMENT OF29 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 THE32 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 MAINTENANCE35 AND REPAIR OF LATERALS BY THE ASSOCIATION; AMENDING CHAPTER 13, TITLE36 42, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 42-1307, IDAHO CODE, TO37 ESTABLISH PROVISIONS REGARDING ASSESSMENTS; AMENDING CHAPTER 13, TITLE38 42, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 42-1308, IDAHO CODE,39 TO ESTABLISH PROVISIONS REGARDING DELINQUENT USERS; AMENDING CHAPTER40 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 THE43 ADDITION OF A NEW SECTION 42-1310, IDAHO CODE, TO ESTABLISH PROVISIONS44 FOR ACTIONS FOR COLLECTION OF DELINQUENT ASSESSMENTS AND ATTORNEY'S45

2 FEES; AMENDING SECTION 42-1311, IDAHO CODE, TO REVISE PROVISIONS RE-1 GARDING THE AMOUNT OF ASSESSMENTS; AMENDING CHAPTER 13, TITLE 42, IDAHO2 CODE, BY THE ADDITION OF A NEW SECTION 42-1312, IDAHO CODE, TO ESTAB-3 LISH PROVISIONS REGARDING THE ASSOCIATION'S AUTHORIZATION TO BORROW4 MONEY OR MORTGAGE OR PLEDGE ASSETS; AMENDING SECTION 42-1312, IDAHO5 CODE, TO REVISE PROVISIONS REGARDING WITHDRAWAL FROM A LATERAL WATER6 USERS' ASSOCIATION AND TO REDESIGNATE THE SECTION; AMENDING SECTION7 42-1310, IDAHO CODE, TO REVISE PROVISIONS REGARDING WATER DELIVERY OR-8 GANIZATIONS MAINTAINING AND REPAIRING LATERALS AND TO REDESIGNATE THE9 SECTION; AMENDING CHAPTER 13, TITLE 42, IDAHO CODE, BY THE ADDITION OF10 A NEW SECTION 42-1315, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING11 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 CODE14 REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY15 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 is18 hereby repealed.19

SECTION 2. That Chapter 12, Title 42, Idaho Code, be, and the same is20 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 person23 shall, without the consent of a water delivery organization, as that term is24 defined in section 42-1301, Idaho Code, a lateral manager of a lateral water25 users' association established pursuant to chapter 13, title 42, Idaho Code,26 or a watermaster of a water district established pursuant to chapter 6, title27 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 with32 intent to:33 (i) Divert any water without a right to do so; or34 (ii) Deprive any person of the use of the water during any part of35 the time that such person is entitled to the use of such water;36 (c) Cut or alter any ditch; or37 (d) Break or destroy any gate, pump, diversion structure, or dam.38 (2) A person who violates the provisions of this section shall be liable39 in a civil action to the person injured at three (3) times the actual damage40 sustained in consequence of any such wrongful act or acts.41

SECTION 3. That Chapter 12, Title 42, Idaho Code, be, and the same is42 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 use1 of water from any ditch, canal, or conduit who willfully or wantonly wastes2 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 damaged4 real property.5

SECTION 4. That Section 42-1301, Idaho Code, be, and the same is hereby6 repealed.7

SECTION 5. That Section 42-1302, Idaho Code, be, and the same is hereby8 repealed.9

SECTION 6. That Section 42-1303, Idaho Code, be, and the same is hereby10 repealed.11

SECTION 7. That Section 42-1304, Idaho Code, be, and the same is hereby12 repealed.13

SECTION 8. That Section 42-1305, Idaho Code, be, and the same is hereby14 repealed.15

SECTION 9. That Section 42-1306, Idaho Code, be, and the same is hereby16 repealed.17

SECTION 10. That Section 42-1307, Idaho Code, be, and the same is hereby18 repealed.19

SECTION 11. That Section 42-1308, Idaho Code, be, and the same is hereby20 repealed.21

SECTION 12. That Section 42-1309, Idaho Code, be, and the same is hereby22 repealed.23

SECTION 13. That Section 42-1313, Idaho Code, be, and the same is hereby24 repealed.25

SECTION 14. That Chapter 13, Title 42, Idaho Code, be, and the same is26 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; or35 (b) The same point or points of diversion from a natural water source.36 (3) "Water delivery organization" means any entity recognized by Idaho37 law that operates water diversion and delivery facilities, including but not38 limited to a canal company, ditch company, irrigation company, irrigation39 district, reservoir company, reservoir district, or water company. A water40

4 delivery organization does not include a lateral water users' association1 created pursuant to this chapter.2 (4) "Water user" means any person or entity entitled to receive water3 through a lateral.4

SECTION 15. That Chapter 13, Title 42, Idaho Code, be, and the same is5 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 OF8 DIRECTORS AND LATERAL MANAGER. (1) Water users who share a common lateral or9 laterals shall be members of and shall constitute a water users' association10 known as a lateral water users' association.11 (2) The association shall meet annually between January 1 and the last12 Monday in March of each year.13 (a) The secretary-treasurer of the association shall call the annual14 meeting by providing ten (10) days' written notice before the annual15 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 the20 association's board of directors for one (1) year or until successors21 are elected;22 (b) Elect a lateral manager to manage the distribution of water; and23 (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 or26 laterals and the delivery of water therefrom;27 (b) By majority vote, if it is considered to be in the best interests of28 the lateral water users' association, combine one (1) or more laterals29 or abandon any lateral not in use; and30 (c) Take any lawful action if doing so is in the best interests of the31 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 receive34 from the lateral and a fractional vote equal to the fraction of an inch of35 water the water user is entitled to receive. Corporations or other legally36 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 is39 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 ELECTION42 OR APPOINTMENT. (1) The lateral manager shall ascertain and ensure that the43 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 lateral46 manager or fix such manager's compensation at its annual meeting:47

5 (a) The association's board of directors may elect a lateral manager1 and set such manager's compensation; or2 (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; or11 (ii) The watermaster of the state water district appointed pur-12 suant to section 42-605, Idaho Code, who delivers water to the13 point or points of diversion from a natural water source; and14 (b) Be treated as the lateral manager by the water delivery organiza-15 tion for the succeeding irrigation season unless such organization is16 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 lateral21 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 is23 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 appoint27 a lateral manager pursuant to section 42-1302 or 42-1303, Idaho Code, the28 board of directors of the water delivery organization that delivers water to29 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 of36 a lateral manager as described in this chapter; and37 (b) Serve only for the period fixed by the appointment and not beyond38 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 is40 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 DEPARTMENT43 OF WATER RESOURCES. (1) If water users taking water from the same point or44 points of diversion from any natural water source do not select or elect a45 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 lateral47

6 manager upon the written request from one (1) or more of the association's1 water users alleging that water is not being apportioned and distributed2 properly among the water users from the lateral and that the rights of the3 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 the7 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; and10 (c) Shall serve only for the period fixed by the appointment and not be-11 yond the remainder of the year in which the manager is appointed.12 (3) If the lateral is within a water district established pursuant to13 chapter 6, title 42, Idaho Code, the director shall, upon receipt of request14 for appointment of a lateral manager, advise the watermaster of the request15 and invite the watermaster to make recommendations concerning the need for16 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 case20 of serious threat of imminent injury to person or property, the director21 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 department24 of water resources, the director shall issue a decision either appointing a25 lateral manager or declining appointment of a lateral manager. Any person26 aggrieved by the director's decision shall be entitled to request a hearing27 before the director pursuant to section 42-1701A, Idaho Code.28

SECTION 19. That Chapter 13, 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 42-1306, 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 water35 users or a lateral water users' association specifying any lateral mainte-36 nance deficiencies and a reasonable time to remedy the deficiencies. The37 water delivery organization may refuse delivery of water for failure of the38 water users or lateral water users' association to adequately maintain any39 lateral pursuant to the water delivery organization's notice.40 (3) Water users or a lateral water users' association who neglect or41 refuse to perform the duties imposed on them by this section shall have no42 cause of action, including damages, against the water delivery organization43 for failure to deliver or distribute water to the lateral.44 (4) The operation, improvement, repair, and maintenance of any lateral45 shall be under the direction of the association's board of directors. The46 board, with the lateral manager, shall examine laterals with maintenance de-47 ficiencies and prepare an estimate of the total cost to repair, operate, and48 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 total1 costs, plus compensation for the board members and lateral manager, shall be2 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 are6 entitled to receive; or7 (b) If the water user's land consists of a lot or lots within a city or8 village, then the assessment may be made on the basis of each lot, the9 same to be uniform on lots of the same size.10

SECTION 20. That Chapter 13, Title 42, Idaho Code, be, and the same is11 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 or14 before April 15, an association's secretary-treasurer of the lateral water15 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 not17 paid by the water user on or before June 15 each year:18 (a) A penalty of ten percent (10%) may be added thereto; and19 (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 users22 at any annual meeting, set dates for notice and payment of assessments and23 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 is27 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 water30 user that has a delinquent assessment shall be entitled to demand or receive31 water from a lateral.32 (2) The lateral manager shall not distribute any water to the water33 user that has a delinquent assessment except upon order of the association's34 board of directors, who may allow the delivery of water if the water user35 provides security satisfactory to the board for the payment of any such36 delinquent assessment.37

SECTION 22. That Chapter 13, Title 42, Idaho Code, be, and the same is38 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 water41 users' association's lateral manager or secretary-treasurer shall collect42 all assessments made to the association and shall deposit the same into an43 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 costs1 and expenses for the management and operation of the laterals; and2 (b) Upon the order of the association's board of directors, perform3 other duties as the association may prescribe.4

SECTION 23. That Chapter 13, Title 42, Idaho Code, be, and the same is5 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 or9 lateral manager, or the water delivery organization associated therewith,10 may sue to collect any delinquent assessments that are due and unpaid in any11 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 all14 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 hereby17 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 any20 penalties and interest, shall be a first and prior lien, except as to a lien21 related to taxes and assessments of a water delivery organization, upon the22 water user's land that is entitled to receive water from the point or points23 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 or25 ditch.26 (2) The lien shall be recorded and collected in accordance with27 pursuant to section 55-3207, Idaho Code, governing homeowner's association28 liens, except that the lien may be continued in force for a period of time29 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 priority31 according to its date of recordation, except as to other liens described in32 titles 42 and 43, Idaho Code.33

SECTION 25. That Chapter 13, Title 42, Idaho Code, be, and the same is34 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 MONEY37 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 a40 loan; and41 (c) Levy assessments to repay a loan.42 (2) Before any money can be borrowed or any mortgage or pledge can be43 made or entered into, the association's secretary-treasurer shall send a44 written notice to all water users to inform the water users that an election45

9 is being called to determine whether or not the association, through its1 chair and secretary-treasurer, may borrow money or mortgage or pledge its2 assets. Such notice shall include a brief description of the proposed action3 and the date, time, and place of such election, which shall be held at least4 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 water6 users present at the election in accordance with section 42-1302(5), Idaho7 Code.8

SECTION 26. That Section 42-1312, Idaho Code, be, and the same is hereby9 amended to read as follows:10 42-1312. 42-1313. WITHDRAWAL FROM LATERAL WATER USERS' ASSOCIA-11 TION. (1) A water user may withdraw from the a water users' association by12 providing written notice and proof that the water user's land is no longer13 entitled to receive water from the water delivery organization and the point14 or points of delivery in the canal or reservoir, or from the point or points15 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 lien18 recorded against the water user's land pursuant to section 42-1311, Idaho19 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 hereby21 amended to read as follows:22 42-1310. 42-1314. LATERAL DITCHES WATER DELIVERY ORGANIZATIONS --23 REPAIRS, IMPROVEMENTS, AND MAINTENANCE BY IRRIGATION DELIVERY ENTITIES OF24 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 ditch26 If a lateral water users' association has not elected a board of directors or27 appointed a lateral manager pursuant to this chapter, any individual water28 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 ditch30 may authorize the irrigation delivery entity lateral may authorize the water31 delivery organization providing water to the lateral or ditch to perform any32 necessary repairs, improvements, or maintenance to the lateral or ditch.33 (2) The irrigation delivery entity may agree to perform such work only34 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 the36 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 water39 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 associated41 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 individual43 water user authorizing the work to clean, maintain, repair, and perform such44 other work as may be done by the authorizing water user.45 (4) By performing such work, the irrigation delivery entity water46 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 user2 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 respective5 authorizing water user or users for the annual cost of any necessary repairs,6 improvements, or maintenance performed on the lateral or ditch, in addition7 to the assessments that are levied by the water delivery organization for the8 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-11 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 for14 work authorized under pursuant to this chapter.15

SECTION 28. That Chapter 13, Title 42, Idaho Code, be, and the same is16 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 shall20 provide the necessary diversion structures and measuring devices at deliv-21 ery points to control and measure the quantity of water being delivered to22 water users served by the water delivery organization, unless the bylaws or23 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 hereby27 amended to read as follows:28 18-4310. NEGLECT TO DELIVER WATER -- INTERFERENCE WITH DELIVERY. Any29 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 as31 provided in chapter 9, of title 42, or person or persons who shall prevent32 or interfere Any person who willfully and wrongfully prevents or interferes33 with the proper delivery of water to the person or persons having a right34 thereto, shall be guilty of a misdemeanor; and the owner or owners of such35 ditch, canal or conduit shall be liable in damages to the person or persons36 deprived of the use of water to which they were entitled as provided in said37 chapter 9.38

SECTION 30. That Section 43-404A, Idaho Code, be, and the same is hereby39 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 a43 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 said45

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 payment3 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 the5 improvements, of a proportionate share of the costs 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 such8 water users or water user organization at a rate equal to the average rate of9 interest payable by the constructing district on any bonded indebtedness in-10 curred by it in financing the improvements.11 If the water user organization contracting for payment of a propor-12 tionate share of the costs of the improvements is an irrigation district13 (hereinafter referred to as contracting district) organized pursuant to ti-14 tle 43, Idaho Code, the board of directors of such district shall negotiate a15 proposed contract with the constructing district. Thereafter, the question16 of entering into the proposed contract shall be submitted to the electors of17 such contracting district in a manner substantially in conformance with the18 provisions of section 43-401, Idaho Code. If at least two-thirds (2/3) of19 the electors approve the execution of the contract, the board shall confirm20 the proceeding as provided in connection with a bond issue, and following21 confirmation, the board shall execute the contract and thereafter an annual22 assessment to provide revenue for payment of the obligation and interest23 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 interest25 thereon. The provisions of section 43-404, Idaho Code, shall be applicable26 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 a29 lien for maintenance charges under chapter 22, title 42, Idaho Code, it shall30 annually assess and collect the costs of meeting its obligations under the31 contract as a toll, assessment, or charge under chapter 22, title 42, Idaho32 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 costs of meeting the association's obligation under the contract37 shall be included in the assessment made under section 42-1303, Idaho Code38 pursuant to that chapter, and chapter 13, title 42, Idaho Code, shall apply39 to the collection and disbursement of said assessment.40

SECTION 31. An emergency existing therefor, which emergency is hereby41 declared to exist, this act shall be in full force and effect on and after42 July 1, 2026.43