Eye On Boise

House votes 57-11 for Semanko bill to ease canal companies’ liability

Feb. 22, 2012 1:24 p.m. • 3 comments

After much debate, the House has voted 57-11 in favor of HB 398, legislation proposed by Norm Semanko of the Idaho Water Users Association to exempt owners of “a ditch, canal, conduit or other aqueduct” from liability for “wasting water or damage to others that is caused by the acts of third parties and acts of God.” Rep. Phylis King, D-Boise, debated against the bill, citing residents in her district whose basements and yards were flooded and damaged by an apparent canal leak. Rep. Grant Burgoyne, D-Boise, said, “We have ditches and canals running through our neighborhoods and urban districts, and there are real dangers … associated with the structures.”

Rep. Dell Raybould, R-Rexburg, said, “This does not offer blanket immunity to a canal company, if a canal company does something wrong.” He said it only covers acts by others. Rep. JoAn Wood, R-Rigby, the bill's House sponsor, said the bill doesn't “eliminate the ability of folks to go to court.” She said, “Existing statute clearly provides that canals must be kept in good repair. … However it will be clear that problems caused by outside parties or acts of God are not their responsibility.” The bill now moves to the Senate side.

Three comments on this post so far. Add yours!

fortboise on February 22 at 1:33 p.m.
God acts in mysterious ways.
ericn1300 on February 22 at 2:48 p.m.
Is the “Act of God” clause waived for atheists or is the House shoving religion down our throats?
WildWest on February 22 at 11:43 p.m.
Ask yourself why Semanko has done this so quickly in this session and why this year….? Not to impress his new law firm.

Because canal operators cant wait another year…..

residents of SE Boise should especially pay close attention to the activity at specific locations of the big canal………….Eagle homes that sit along and irrigation canal in that city have substantial water in home foundations and entire neighborhoods with mold…..canal operator refuses to seal canal……….

Failure at the big canal is not an act of god, but human error and human bad decisions.

You should be very very concerned at the silence coming from all the authorities and operators…………Operators are push’g g-men to bail them out……g-men are reviewing the serious situations……….if you live in SE Boise…………beware the river flooding is not your number one concern……..

….Semanko is going to blame the government in legal action…….wait for it……..