Idaho Code
Idaho Code § 42-1107 (2026)
Right of way for drains.
✓ current as of May 2026
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Right of way for drains.
Whenever the owner or owners of any parcel or parcels of land desire to construct a drain for the purpose of carrying off surplus water, and they cannot agree among themselves or with the parties who own land below through which it is expedient to carry the drain in order to reach a natural waterway, then proceedings may be had in the same manner as in cases of eminent domain affecting irrigating works of diversion, and the right of way for such drains shall be regarded as equal to that of irrigation canals.
Notes of Decisions
Cited in 1
case, 1960–1960 · leading case: Poole v. Olaveson, 356 P.2d 61 (Idaho 1960).
Poole v. Olaveson, 356 P.2d 61 (Idaho 1960). “Appellants then pose the query: why the legislature by enactment of I.C. § 42-1107 prescribed that “proceedings may be had in the same manner as in cases of eminent domain” by which persons may reach a natural water way for the purpose of carrying off surplus water ? Appellants’…”
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