2005 Idaho Code - 42-1204 — PREVENTION OF DAMAGE TO OTHERS

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 12
                      MAINTENANCE AND REPAIR OF DITCHES
    42-1204.  PREVENTION OF DAMAGE TO OTHERS. The owners or constructors of
ditches, canals, works or other aqueducts, and their successors in interest,
using and employing the same to convey the waters of any stream or spring,
whether the said ditches, canals, works or aqueducts be upon the lands owned
or claimed by them, or upon other lands, must carefully keep and maintain the
same, and the embankments, flumes or other conduits, by which such waters are
or may be conducted, in good repair and condition, so as not to damage or in
any way injure the property or premises of others. The owners or constructors
have the right to enter the land across which the right-of-way extends, for
the purposes of cleaning, maintaining and repairing the ditch, canal or
conduit, and to occupy such width of the land along the banks of the ditch,
canal or conduit as is necessary to properly do the work of cleaning,
maintaining and repairing the ditch, canal or conduit with personnel and with
such equipment as is commonly used, or is reasonably adapted, to that work.
The right-of-way also includes the right to deposit on the banks of the ditch
or canal the debris and other matter necessarily required to be taken from the
ditch or canal to properly clean and maintain it, but no greater width of land
along the banks of the canal or ditch than is absolutely necessary for such
deposits shall be occupied by the removed debris or other matter.