The bill amends various sections of the Idaho Code concerning irrigation conduit rights-of-way, focusing on the rights and responsibilities associated with irrigation easements. It introduces a new section defining "irrigation conduit" and clarifies the rights of landowners regarding the operation, maintenance, and encroachment on irrigation facilities. Key provisions include new rights for owners or operators of irrigation easements to construct and modify structures within the right-of-way to facilitate water delivery and drainage without needing permission from servient estate owners. Additionally, the bill outlines the responsibilities of irrigation conduit owners to maintain their facilities and ensure they do not damage adjacent properties, while also mandating that any unauthorized encroachments must be removed at the encroacher's expense.

The legislation further specifies that owners or operators of irrigation conduits can relocate or pipe the conduit within the easement or right-of-way without needing permission from the servient estate owner, although written permission is required for relocations outside these areas. It allows servient estate owners to request alternative routes for conduits, with the understanding that they will bear any increased costs. The bill also establishes that easements and rights-of-way owned by irrigation entities are not subject to adverse possession and prohibits obstructions that could interfere with their use. The bill is set to take effect on July 1, 2026.

Statutes affected:
Bill Text: 42-1102, 42-1201, 42-1207, 42-1208, 42-1209, 18-4308