Right of Way
This maintenance requires that personnel access to all diversion structures and ALL stretches of the canal and ditch banks, on both sides, and through adjacent property. Idaho state statutes establish Right of Way corridors that allow this access wherever water conveyance systems exist, even through private property.
As a result of this ROW, land adjacent to canal banks cannot have any type of development: bridges, fences, sprinkler systems, etc. without prior approval from the irrigation district itself. Below, or downstream, of the ‘joint works’ portions of the system, management becomes the responsibility of the sub-districts or the individual users, themselves. But no matter who manages a portion of the canal system, they are afforded the same right to access through all adjacent properties within the ROW degreed.
The staff performing the required work realizes a need to respect all private land and privacy and should contact the property owner whenever unusual maintenance activities are to take place. On the other hand, system management must be contacted whenever the property owner desires change within the ROW. Both property owners and the system managers should work together to establish a mutually acceptable level of access to the water delivery system.