Irrigation Pivot Encroachment By Passing Over Private Property

[britsoft]

What is the name of your state? Idaho

We purchased 5 1/2 acres in January of this year which is zoned Commercial General and is located in the South Central part of Idaho, Minidoka County. Now that the neighbor has begun irrigating his hay field north of us, we find that his pivot or circle set encroaches onto our property some 30 to 40 feet when it makes it swing to the south, our property is south of his hay field. Apparently to complete a full circle and cover his property, the rigid pivot has to run up on the northern bank of the irrigation district's laterial and the fartherest end-sprinklers extend not only over the lateral's center line which divides their property from our's but extends an additional 30 to 40 feet past the center line of the laterial and onto our property. Does this person have a right to encroach on our property by allowing his pivot to extend well beyond the boundary of his property? It does not spray water past the lateral easement (25 feet from the center of the laterial) but does interfer with our ability to use that area of the property because of the pipe of the pivot extending onto our property at that location.

 

[divgradcurl]

Does this person have a right to encroach on our property by allowing his pivot to extend well beyond the boundary of his property?

Because the area is zoned commercial, and is adjacent to what appears to be agricultural land, you should check with your local planning department to find out what ordinances or regulations might be in place. Absent some sort of easement or other license to encroach on your property, it would seem that the encroachment is not right -- but zoning rules can be strange, so check them out.

 

[seniorjudge]

Because the area is zoned commercial, and is adjacent to what appears to be agricultural land, you should check with your local planning department to find out what ordinances or regulations might be in place. Absent some sort of easement or other license to encroach on your property, it would seem that the encroachment is not right -- but zoning rules can be strange, so check them out.

He also needs to check with the irrigation district on their rules.

The general rule in the arid West is whoever wants to irrigate may do so.

 

[Silverplum]

He also needs to check with the irrigation district on their rules.

The general rule in the arid West is whoever wants to irrigate may do so.

Extremely true.

Also, the general WISDOM in the arid West is that one who receives free irrigation is a lucky, lucky person.

 

[seniorjudge]

Extremely true.

Also, the general WISDOM in the arid West is that one who receives free irrigation is a lucky, lucky person.

When I was practicing law in Colorado, I remember a killing over ditch rights.

It's still the Wild West when it comes to water.

 

[Silverplum]

When I was practicing law in Colorado, I remember a killing over ditch rights.

It's still the Wild West when it comes to water.

That's no joke.

Water rights in CO are amazingly complex. I went to a lecture on the topic by one of the leading attorneys on that subject, and nearly died of, well, boredom.

 

[britsoft]

Don't Understand Why Irrigation District Would Impact

The irrigation district just provides water and has an easement recorded for their lateral, why would they have any authority to allow an encroachment on our property beyond their easement when it has no effect on their business and they would not be allowed to encroach?

He also needs to check with the irrigation district on their rules.

The general rule in the arid West is whoever wants to irrigate may do so.

 

[britsoft]

My Sediments Exactly

This is also my position. It would seem very strange for any county to set ordinances that would ALLOW encroachment by anyone for any reason. Think of the legal problems that they could end up in constantly, defending such a position. People's protection of their land is a prime issue and even the commissioners are land owners.

Because the area is zoned commercial, and is adjacent to what appears to be agricultural land, you should check with your local planning department to find out what ordinances or regulations might be in place. Absent some sort of easement or other license to encroach on your property, it would seem that the encroachment is not right -- but zoning rules can be strange, so check them out.

 

[britsoft]

Huh?!?!

And you would appreciate this irrigation on the roof of your house and on your animals every day many times more than once in a day? I think not.

Extremely true.

Also, the general WISDOM in the arid West is that one who receives free irrigation is a lucky, lucky person.