Bill would limit the liability of irrigators in damage to property

The Resources and Conservation Committee heard testimony on Thursday on a bill that would limit the liability of irrigation districts for damages due to an act of God or a third party. 

This bill would make things clearer for water delivery entities, attorneys and those on the bench, said Norm Semanko of the Idaho Water Users Association, who also noted that while it is becoming increasingly difficult to insure canal companies because of lawsuits, this bill does not limit irrigation districts’ need to exercise a reasonable duty of care.

A number of residents who live near canals testified in opposition to the bill.  One Boise resident noted that excess rainwater flooding the canal behind her home breached the banks of the canal and caused about $50,000 to her home.

“We feel that the canal company, even though this is an act of god, does share some of the responsibility to maintain a level that can handle excess rainwater into the canal,” she said.  “With this legislation, it would not be possible to bring this litigation before an objective body.”

Darin Coon of the Nampa Irrigation District noted that canal facilities are designed to carry a specific amount of water, not an extraordinary amount of water introduced by uncontrolled third parties.   Tort claims are filed against the district, and are rarely ever filed against the 3^rd parties that cause the discharge to the irrigation facilities.

Boise resident Jane Hachburg testified against the bill, arguing that the term “reasonable care” is too loose.

“Canal companies are concerned about frivolous law suits,” she said, “but those testifying today challenge that notion that property owners would enter into a lawsuit frivolously.  These laws have been in place for more than 100 years; please don’t be in a rush to change them.”

The bill was approved by the committee with a do pass recommendation.