Frequently Asked Questions – Lateral Ditches

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If you are a shareholder, yes! We have water shares available, and the cost to irrigate most

properties is $98 per year.

The main canal is maintained by Boise City Canal Company and the lateral ditches are

maintained by their water users, who are sometimes formally organized as ‘lateral associations’ (42-1202). A lateral manager often coordinates operations. See our lateral manager list below.

Yes. There is an easement, or right of way, for accessing the ditch (42-1102). Water users have the right to use that easement, unannounced, to clean, maintain and inspect the ditch. If requested by BCCC or the lateral association, you must remove fences or install gates at your own expense to provide access to the ditch (42-1209).

The width of the easement isn’t defined, but is wide enough to operate commonly used equipment such as mini-excavators. A good rule of thumb is to leave 7.5’ either side of the centerline of the lateral ditch for access. The main canal has a wider easement.

Irrigation easements are based upon prior use and are often not recorded. They are  statutorily recognized, and the existence of the ditch provides notice of the easement (42-1102). We are working with the Ada County Association of Realtors to improve communication about this issue.

No. This is not a public easement. The only people who can use the easement are water users, and only for cleaning, inspecting, and maintaining the ditch. This is a fairly small number of people, and they’re your neighbors. Many lateral associations have a ‘big cleanup’ in March or April, and subsequent maintenance needs are few.

No. The lateral easement is a longstanding part of Idaho law. You can minimize problems by keeping your section well-maintained.

No. Idaho law allows cleaning debris (mud, vegetation) to be left on the ditch bank (42-1102). Most people are good neighbors. If you provide a trash can, they’ll probably use it.

Perhaps. You are partially responsible for ensuring the water flows from the leadgate to your property. You must take reasonable precautions to avoid flooding your neighbors (42-1204). Please get involved in your lateral association and consider helping less able neighbors with their ditches.

Yes. Idaho law says that the property owner, and future owners, are responsible for the maintenance and repair of buried conduits. If your pipe is broken or blocked, you must fix it (42-1207).

Idaho law says that when a ditch is piped or buried: “...the landowner, his heirs, executors, administrators, successors and assigns shall be responsible for any increased operation and maintenance costs, including rehabilitation and replacement, unless otherwise agreed in writing...” (42-1207).

Maybe. Written permission must be obtained from the lateral association, a license agreement must be signed, technical specifications must be followed, and you will incur the costs of additional future maintenance (42-1207).

Probably. Talk to the lateral association or canal company first.

Unless you have a license agreement, BCCC or the lateral association can require you to remove the shed (42-1209). However, we recognize the urban nature of our canal, and we try not to cause unnecessary disruption.

No. There is no right of adverse possession on irrigation easements (42-1208).

Maybe. Blocking or obstructing irrigation ditches, even if presently unused, is a misdemeanor (18-4306). Please contact BCCC, and we can tell you whether it’s part of our system.

Trees are beautiful, shady, and expensive to remove. Although we have the right to remove the tree if it interferes with the easement (42-1102), we prefer not to. We are not responsible for maintaining vegetation simply because it is in the easement (42-1204).

You and the other users on your ditch have a duty to maintain it, and thus a right of access (42-1202). If fences prevent access, ask your lateral association to demand they be removed or that gates be installed. If there is no lateral association, consider forming one. You may also ask BCCC for assistance.

BCCC operates the main canal that flows from Warm Springs Golf Course, under downtown, and through the West End, Sunset and Collister neighborhoods. It delivers water to the lateral ditches, who operate independently. As a courtesy, BCCC has at times assisted lateral associations.

Read Idaho Code Title 42, Chapters 11-13, and Title 18, Chapter 43. Consult the Idaho Department of Water Resources booklet  ‘Statutes Pertaining to Canals and Laterals’.

First: the manager of your lateral ditch. If you don’t know who the manager is, or there isn’t one, ask your neighbors that use the water. You may also contact BCCC. We will try and help, although we are unable to intervene in every situation.