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Easements

The basic easement for our ditches is 25 ft from the top of the bank on both sides of the ditch. The ditch company owns no land - it has an easement granted to it by the State of Idaho.

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The easement is for the purpose of cleaning, maintaining and repairing the ditch. The easement is a place to deposit our spoils. The ditch company is under NO obligation to clean up said spoils, though, as a courtesy, the spoils may be smoothed out. When spoils are deposited, they need time to dry - sometimes for months.

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The property owner may clean the easement, but may not change the shape of the ditch or put any debris in the ditch.

Who is Responsible for What?

Property owners can clean the easement by means of burning, spraying, mowing or weed whacking down to the water line & out 25 ft from top of bank. The ditch company will clean the ditch from the water line down.

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There are many private ditches/laterals. The ditch company does not clean, repair, or maintain private ditches/laterals. That is responsibility of the water users of that private line. 

Essentially, if the ditch company did not create, they do not take care of it.

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The ditch company does not pipe any of the canals. 

Where there is pipe, whomever owns the land becomes the responsible party.

What Can Be In The Easement?

No permanent structures, or things such as fences, trees, bushes, gardens, pet enclosures, swing sets, pools, RV's, etc. (anything that the property owner values) shall be within the granted easement. 


These items can and will be removed without warning and may be at risk of damage by equipment working within the easement.

Find further information by referring to ID Codes 42-1102 (Easements), 42-1207 (Piping), & 42-1209 (Encroachments).

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