INJURING DITCH OR HEADGATE -- TRIPLE DAMAGES

Idaho Code § 42-1210, under MAINTENANCE AND REPAIR OF DITCHES.

Idaho Code § 42-1210

42-1210. INJURING DITCH OR HEADGATE -- TRIPLE DAMAGES. (1) No person shall, without the consent of a water delivery organization, as that term is defined in section 42-1301, Idaho Code, a lateral manager of a lateral water users' association established pursuant to chapter 13, title 42, Idaho Code, or a watermaster of a water district established pursuant to chapter 6, title 42, Idaho Code, wrongfully: (a) Divert any water from the ditch or channel where it was placed, caused to be, or left to run by the water delivery organization, a lateral manager, a watermaster, or an authorized representative thereof; (b) Shut or open any ditch, gate, pump, diversion structure, or dam with intent to: (i) Divert any water without a right to do so; or (ii) Deprive any person of the use of the water during any part of the time that such person is entitled to the use of such water; (c) Cut or alter any ditch; or (d) Break or destroy any gate, pump, diversion structure, or dam. (2) A person who violates the provisions of this section shall be liable in a civil action to the person injured at three (3) times the actual damage sustained in consequence of any such wrongful act or acts.