STATEMENT OF PURPOSE
RS28390 / S1074
These amendments delete Section 42-1101, which appears to recognize the riparian doctrine in Idaho – a
doctrine that Idaho courts have long-recognized does not apply in Idaho. These amendments also change
existing statutes in response to recent district court decisions and other legal disputes regarding the nature and
scope of rights-of-way and easements for irrigation ditches, canals and conduits.
1. Amend section 42-1102 to improve readability;
2. Amend section 42-1102 to clarify the rights and obligations associated with operating, cleaning, maintaining
and repairing the rights-of-way and easements created or confirmed pursuant to that section, consistent with
existing common law principles, including the right to remove debris from the rights-of-way;
3. Amend section 42-1102 to codify the common law standard applied by Idaho courts regarding the extent
to which debris may be deposited on a right-of-way or easement. In particular, Section 42-1102 currently
recognizes that debris may be deposited within a right-of-way or easement but can occupy “no greater width
of land along the banks of the canal or ditch than is absolutely necessary.” The Idaho Supreme Court has
interpreted the statute to hold the owners and operators of these facilities to a “rule of reasonableness.” The
proposed amendments seek to align the statute with appellate court decisions by providing that debris may be
deposited along the banks so long as the extent of it is “reasonably necessary.”
4. Amend section 42-1204 to clarify that the rights and obligations of irrigation entities also apply to existing
embankments.
5. Clarify that the rights and obligations recognized in these sections apply to existing irrigation facilities.
FISCAL NOTE
These amendments clarify language regarding rights-of-way and easements for ditches, canals and conduits
and, therefore, will have no impact on the general fund.
Contact:
Paul Arrington, Idaho Water Users Association
(208) 344-6690
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: 02/08/2021, 2:42 PM


Statutes affected:
Bill Text: 42-1101, 42-1102, 42-1204