2005 Idaho Code - 42-1209 — ENCROACHMENTS ON EASEMENTS AND RIGHTS-OF-WAY

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 12
                      MAINTENANCE AND REPAIR OF DITCHES
    42-1209.  ENCROACHMENTS ON EASEMENTS AND RIGHTS-OF-WAY. Easements or
rights-of-way of irrigation districts, Carey act operating companies,
nonprofit irrigation entities, lateral ditch associations, and drainage
districts are essential for the operations of such irrigation and drainage
entities. Accordingly, no person or entity shall cause or permit any
encroachments onto the easements or rights-of-way, including any public or
private roads, utilities, fences, gates, pipelines, structures or other
construction or placement of objects, without the written permission of the
irrigation district, Carey act operating company, nonprofit irrigation entity,
lateral ditch association, or drainage district owning the easement or
right-of-way, in order to ensure that any such encroachments will not
unreasonably or materially interfere with the use and enjoyment of the
easement or right-of-way. Encroachments of any kind placed in such easement or
right-of-way, without such express written permission shall be removed at the
expense of the person or entity causing or permitting such encroachments, upon
the request of the owner of the easement or right-of-way, in the event that
any such encroachments unreasonably or materially interfere with the use and
enjoyment of the easement or right-of-way. Nothing in this section shall in
any way affect the exercise of the right of eminent domain for the public
purposes set forth in section 7-701, Idaho Code.