STATEMENT OF PURPOSE
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42-1102(3), 42-1201, 42-1202, 42-1203, 42-1204); (4) the following antiquated provisions will be repealed: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).
FISCAL NOTE
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.
Contact:
Paul Arrington, Executive Director, Idaho Water Users Association
(208) 334-6690
DISCLAIMER: This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent
of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative
process, including judicial review (Joint Rule 18).
Statement of Purpose / Fiscal Note Bill SOP/FN INTRODUCED: 02/12/2024, 2:41 PM


Statutes affected:
Bill Text: 42-1102, 42-1103, 42-1104, 42-1105, 42-1106, 42-1108, 42-1201, 42-1202, 42-1203, 42-1204, 42-1205, 42-1206, 42-1207, 42-1209, 18-4308