2005 Idaho Code - 42-1201 — DITCHES TO BE KEPT FULL

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 12
                      MAINTENANCE AND REPAIR OF DITCHES
    42-1201.  DITCHES TO BE KEPT FULL. Every person, company or corporation
owning or controlling any ditch, canal or conduit for the purpose of
irrigation shall, during the time from April first to the first day of
November of each year, keep a flow of water therein sufficient to the
requirements of such persons as are properly entitled to the use of water
therefrom: provided, however, that when the public streams or other natural
water sources from which the water is obtained is [are] too low and inadequate
for that purpose, or when the board of directors or governing body of an
organization or entity furnishing water deem it in the best interests of that
organization or entity to adjust the dates of availability and provide for
termination of irrigation water, then such ditch, canal or conduit shall be
kept with as full a flow of water therein as may be practicable, subject,
however, to the rights of priority from the streams or other natural sources
as provided by law.