- (1) A person with a canal or ditch easement has a secondary easement to enter, inspect, repair, and maintain a canal or ditch or to operate the appropriation works. A person retains this secondary easement if the canal or ditch is converted into a pipeline and the pipeline is conspicuously marked.
- (2) A person may not encroach on or otherwise impair any easement for a canal or ditch used for irrigation or any other lawful domestic or commercial purpose, including carrying return water. A person may not encroach on or otherwise impair any easement for a canal or ditch under this subsection that has been converted into a pipeline.
- (3) The provisions of subsection (2) do not apply if the holder of the canal, ditch, or pipeline easement consents in writing to the encroachment or impairment.
- (4) Each canal or ditch easement obtained by prescription or conveyance is included within the scope of this section. Nothing in this section establishes a secondary easement where none existed prior to April 14, 1981. This section does not affect contracts or agreements concluded prior to April 14, 1981.
- (5) If a legal action is brought to enforce the provisions of this section, the prevailing party is entitled to costs and reasonable attorney fees.
History: En. Sec. 1, Ch. 371, L. 1981; amd. Sec. 1, Ch. 180, L. 2013; amd. Sec. 1, Ch. 447, L. 2025.