2005 Idaho Code - 42-1206 — REPAIR OF COMMUNITY DITCHES

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 12
                      MAINTENANCE AND REPAIR OF DITCHES
    42-1206.  REPAIR OF COMMUNITY DITCHES. Where a ditch is common property,
or there is a common right to the use of the water of a ditch without payment
therefor, and any labor or materials are necessary for the repair or cleaning
of the ditch, or any gate or flume thereon or thereunto belonging, the
watermaster of the district may make a fair pro rata assessment of labor or
materials against the inhabitants of the district claiming the use of such
water, according to the benefits received by each; and if any person so
assessed neglects or refuses, for the period of three (3) days after notice so
to do from the watermaster or his deputy, to furnish his just proportion of
the necessary labor or materials, according to such assessment, he must pay
his pro rata in cash, to be recovered, with costs, in an action by the
watermaster in his own name.