Idaho Drainage Easement

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Multi-State
Control #:
US-OG-983
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Word; 
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This form is for a drainage easement.
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FAQ

Littering on public or private property within the State of Idaho is a misdemeanor punishable by up to six months imprisonment and/or a fine up to $1000, with the possibility of eight to 40 hours of litter cleanup (Idaho Statute 18-7031).

Where any ditch, canal, lateral or drain or buried irrigation conduit has heretofore been, or may hereafter be, constructed across or beneath the lands of another, the person or persons owning or controlling said land shall have the right at their own expense to change said ditch, canal, lateral or drain or buried ...

The owners or persons in control of any ditch, canal or conduit used for irrigating purposes shall maintain the same in good order and repair, ready to deliver water by the first of April in each year, and shall construct the necessary outlets in the banks of the ditches, canals or conduits for a proper delivery of ...

The easement rights of ditch owners are confirmed in Idaho law at Idaho Code section 42-1102. This statute confirms an easement, or right-of-way, for the ditch user. This is called the "primary easement." The primary easement allows a ditch user to convey water over land of another through a ditch, canal or conduit.

Capture or kill any game animal and detach or remove from the carcass only the head, hide, antlers, horns or tusks and leave the edible portions to waste, except mountain lion, black bear, grizzly bear or gray wolf.

Idaho Statutes 42-1502. Definitions. Whenever used in this act, the terms: (a) "Appropriate" or "appropriation" mean [means] the identification of a beneficial use and place of in-stream use of the waters of a stream.

"Under Idaho Law, a landowner does not own a water right obtained by an appropriator using the land with the landowner's permission unless the appropriator was acting as agent of the owner in obtaining that water right?

In Idaho, as in other states, the landowner retains land ownership but allows limited access or use to another party?the easement holder. If you're in Idaho and considering an easement arrangement, remember this crucial tip: always opt for a written agreement instead of an implied, unwritten one.

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Idaho Drainage Easement