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IdahoS 13042026 regular legislative sessionSenate

IRRIGATION – Amends existing law regarding irrigation conduits and rights-of-way.

Sponsored By: RESOURCES AND ENVIRONMENT COMMITTEE

Signed by Governor

IRRIGATION

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Analyzed Economic Effects

5 provisions identified: 0 benefits, 0 costs, 5 mixed.

Irrigation operators can move or bury channels

Beginning July 1, 2026, irrigation operators can move, pipe, or bury channels within an existing easement without landowner permission. Moving or piping outside it requires written landowner permission, which cannot be unreasonably withheld. Burial work must meet Idaho public works standards or standards recognized by the city or county. Construction cannot disrupt the landowner's use outside the easement; affected surfaces there must be restored promptly, within 30 days after completion. Operators remain responsible for buried-conduit maintenance unless an agreement assigns that duty elsewhere.

Irrigation operators gain protected land access

Beginning July 1, 2026, irrigation operators can enter existing rights-of-way without landowner permission for needed inspections, repairs, cleaning, and related construction. They can use needed space for workers and equipment, remove debris and vegetation, and do seasonal work without advance notice. Visible or reasonably discoverable irrigation features count as notice to landowners. People cannot block authorized access to property owned by irrigation districts, Carey Act companies, nonprofit irrigation entities, ditch associations, or drainage districts. That property cannot be claimed through adverse possession—taking ownership through long-term use—and obstructions intended to support such claims are banned. The law preserves public-purpose eminent-domain powers for existing and new facilities; some provisions cover conduits existing on or established after July 1, 2024.

Landowners pay for requested irrigation moves

Beginning July 1, 2026, landowners can move or pipe irrigation channels on their land at their own expense. They need prior written operator permission, which cannot be unreasonably denied; changes cannot impede water flow or harm interested users. Permission must address access, operations, added costs, and protection and documentation of the right-of-way. Unless a written agreement says otherwise, requesting landowners and successors pay added construction, operation, maintenance, rehabilitation, and replacement costs. Responsible parties must fix unauthorized, interfering changes at their expense within a reasonable time, or immediately in emergencies. Operators can recover costs for overdue corrective work they perform, but cannot work on municipal or public utility lines; unlawful relocation or piping is a misdemeanor.

Permission and costs for irrigation obstructions

Beginning July 1, 2026, roads, fences, utilities, landscaping, and other uses of irrigation easements need written permission from the owner or operator. Permission cannot be unreasonably denied, but can require protection of access and payment of added operation and maintenance costs. Anyone causing or allowing these uses must handle their operation, upkeep, repair, and replacement, prevent unreasonable or material interference, and pay resulting damages. On request, responsible parties must remove or modify interfering obstructions and repair or restore affected irrigation property at their expense. Work must happen within a reasonable time, or immediately when reduced water delivery or drainage, damage, safety risks, or other emergencies require it. Operators can do overdue corrective work and charge the responsible party, but cannot work on municipal or public utility lines.

Irrigation operators face duties, limited liability

Beginning July 1, 2026, irrigation conduits include ditches, canals, drains, pipelines, and other surface or buried channels carrying irrigation or drainage water. Owners and operators must provide needed outlets and maintain flows for water-right holders, subject to shortages and governing-body adjustments. They must avoid delivering more water than the conduit can hold or users can use. During irrigation seasons, they must keep conduits in good repair to prevent property damage and wasted water. The law requires reasonable care, not automatic liability for every injury or loss. It excludes liability for unauthorized third-party diversions or discharges, acts by people who are not employees or agents, and natural disasters; existing civil defenses remain available.

Sponsors & Cosponsors

Sponsor

  • RESOURCES AND ENVIRONMENT COMMITTEE

    Affiliation unavailable

Cosponsors

  • Mark Harris

    Republican • Senate

  • Britt Raybould

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 74 • No: 30

House vote • 3/19/2026

House Floor Vote

Yes: 45 • No: 25

Senate vote • 3/3/2026

Senate Floor Vote

Yes: 29 • No: 5

Actions Timeline

  1. Signed by Governor on 03/24/26 Session Law Chapter 109 Effective: 07/01/2026

    3/24/2026

  2. Reported delivered to Governor at 3:45 p.m. on 03/23/26

    3/24/2026

  3. Reported signed by the Speaker & ordered delivered to Governor

    3/23/2026

  4. Received from Senate; Signed by Speaker; Returned to Senate

    3/23/2026House

  5. Reported enrolled; signed by President; to House for signature of Speaker

    3/20/2026Senate

  6. Returned From House Passed; referred to enrolling

    3/19/2026Senate

  7. Read Third Time in Full – PASSED - 45-25-0

    3/19/2026House

  8. Read second time; Filed for Third Reading

    3/18/2026House

  9. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

    3/17/2026House

  10. Read First Time, Referred to Resources & Conservation

    3/4/2026House

  11. Received from the Senate, Filed for First Reading

    3/4/2026House

  12. Read third time in full – PASSED - 29-5-1

    3/3/2026Senate

  13. Read second time; filed for Third Reading

    2/27/2026Senate

  14. Reported out of Committee with Do Pass Recommendation; Filed for second reading

    2/26/2026Senate

  15. Reported Printed; referred to Resources & Environment

    2/17/2026Senate

  16. Introduced; read first time; referred to JR for Printing

    2/16/2026Senate

Bill Text

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