42-1108. RIGHT TO CROSS DITCHES. Any person, company or corporation, owners of any ditch, flume or other conduit, can not lawfully deny to any other person, company or corporation the right to cross their right of way with another ditch, flume or conduit either upon a higher or lower level, where the same can be done in a convenient and safe manner: provided, that such second person, company or corporation shall be liable for all damages that may accrue from the construction of such ditch, flume or other conduit across the conduit of another.
History:
[(42-1108) 1899, p. 380, last half of sec. 10; am. R.C. & C.L., sec. 3305; C.S., sec. 5653; I.C.A., sec. 41-1008.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Section 42-1102 - OWNERS OF LAND — RIGHT TO RIGHT-OF-WAY.
Section 42-1103 - OWNERS OF SPRINGS AND STREAMS — RIGHT TO RIGHT OF WAY.
Section 42-1104 - RIGHT OF WAY OVER STATE LANDS.
Section 42-1105 - RIGHT OF WAY FOR RIPARIAN PROPRIETORS.
Section 42-1106 - RIGHT OF EMINENT DOMAIN.