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.

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