# Idaho Code § 42-1202: 42-1202 OPERATION AND MAINTENANCE OF IRRIGATION CONVEYANCE FACILITIES

> Idaho · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T42_C12_S42-1202

## Section

- **Citation:** Idaho Code § 42-1202
- **Heading:** 42-1202 OPERATION AND MAINTENANCE OF IRRIGATION CONVEYANCE FACILITIES
- **Jurisdiction:** Idaho
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Idaho Code / Title 42 / Chapter 12 / Section 42-1202

## Text

42-1202. operation and maintenance of irrigation conveyance facilities. (1) Every person or entity owning or controlling any irrigation conduit for the purpose of irrigation shall:

(a) During the time the irrigation conduit is operated to deliver water for irrigation, keep a flow of water therein sufficient to meet the needs of the persons or entities entitled to the use of water therefrom. Such duty may be adjusted when there is insufficient water in the public streams or other natural water sources or when the board of directors or governing body of an entity furnishing water deems it in the best interests of that entity to reduce the water supply or dates of availability;

(b) Construct the necessary outlets in the irrigation conduit for proper delivery of water to persons and entities having rights to the use of the water;

(c) Not permit a greater quantity of water to be turned into the irrigation conduit than it will contain or than can be used for beneficial or useful purposes to prevent the wasting and useless discharge and running away of water; and

(d) Carefully keep and maintain the irrigation conduit in good repair and condition so as not to damage or in any way injure the property or premises of others and to prevent the water conveyed therein from wasting during the irrigation season.

(2) The duties to operate and maintain an irrigation conduit, whether statutory or common law, require reasonable care only and shall not be construed to impose strict liability or to otherwise enlarge the liability of the owners or operators thereof. The owners, constructors, or operators of irrigation conduits, while responsible for their own acts or omissions, shall not be liable for damage or injury caused by:

(a) The diversion or discharge of water into a irrigation conduit by a third party without the permission of the owner or operator thereof;

(b) Any other act or omission of a third party, other than an employee or agent of the owner or operator of the irrigation conduit; or

(c) An act of God, including but not limited to fire, earthquake, storm, or similar natural phenomenon.

(3) The provisions of this section shall not be construed to impair any defense that an owner, constructor, or operator of a irrigation conduit may assert in a civil action.

History:

[(42-1202) 42-1201, added 1899, sec. 15, p. 380; reen. R.C. & C.L., sec. 3306; C.S., sec. 5654; I.C.A., sec. 41-1101; am. 1989, ch. 236, sec. 1, p. 573; am. 2024, ch. 93, sec. 8, p. 435; am. and redesig. 2026, ch. 109, sec. 3, p. 559.]

## Nearby sections

- [Idaho Code § 42-1201 42-1201 DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T42_C12_S42-1201.md)
- [Idaho Code § 42-1202 42-1202 OPERATION AND MAINTENANCE OF IRRIGATION CONVEYANCE FACILITIES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T42_C12_S42-1202.md)
- [Idaho Code § 42-1203 42-1203 RELOCATION AND PIPING OF IRRIGATION CONVEYANCE FACILITIES AND DRAINAGE FACILITIES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T42_C12_S42-1203.md)
- [Idaho Code § 42-1204 42-1204 EASEMENTS, RIGHTS-OF-WAY, AND OTHER REAL PROPERTY NOT SUBJECT TO ADVERSE POSSESSION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T42_C12_S42-1204.md)
- [Idaho Code § 42-1205 42-1205 ENCROACHMENTS ON EASEMENTS AND RIGHTS-OF-WAY.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T42_C12_S42-1205.md)
- [Idaho Code § 42-1210 42-1210 INJURING DITCH OR HEADGATE — TRIPLE DAMAGES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T42_C12_S42-1210.md)
- [Idaho Code § 42-1211 42-1211 LIABILITY FOR WASTE OF WATER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T42_C12_S42-1211.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T42_C12_S42-1202. Check the current official text before relying on it. Not legal advice.