Idaho State Statutes - Idaho Attorney Directory

Any person who runs water either by flooding
or sprinkler irrigation across any public highway, road or street, without
first constructing a good and sufficient ditch or ditches to convey the same,
or who fails to bridge such ditch or ditches, or to keep such bridge or
ditches in good repair, or to ensure that the flow from the sprinkler does not
flood the public highway, road or street and all persons, companies or
corporations who suffer any water used by them for the purpose of irrigation,
or any other purposes, to flow into or upon any public highway, road or
street, in any other manner than that authorized by law, are guilty of an
infraction on the first offense, and shall be guilty of a misdemeanor for each
offense thereafter per calendar year, and upon conviction thereof must be
fined in any sum not less than one dollar ($1.00) nor more than fifty dollars
($50.00), together with the costs of suit, and for a second offense, double
said fine and costs; and it is hereby made the duty of all road supervisors,
constables and marshals, to make complaint before the proper court, for
violations of this section, whenever notified or having knowledge thereof. A
person may not be charged under the provisions of this chapter if the flooding
from a sprinkler or other water conveyance system is a result of mechanical
failure, wind or other climatic condition, or other circumstances outside of
the control of the person.

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