Procedures and Standards for Canals and Ditches
Since the 1860's companies have built and maintained canals that direct water from the Logan river, onto property to be used for irrigation purposes. These canals and ditches have been regulated and controlled by Utah Code title 73. Section 6 of Utah code title 73 establishes an eminent domain right of way for construction, maintenance, repair and use of these canals, ditches, flumes, tunnels, pipelines and drainages.
The following are generally adopted standards for managing relationships between the canal operators and those whose lands they cross or run along.
EASEMENTS
Easements are rights of way that grant access to the canals and ditches. They include the following requirements and rights for landowners whose lands they cross:
It is unlawful to place or maintain any structure within 15 feet of the waters edge.
Easements run on both sides of the canal.
It is unlawful to change the water flow through damming, redirecting or obstructing in anyway.
It is unlawful to discharge into ditches or canals any solid refuse, wastewater or sewage.
It is unlawful to siphon or pump from a canal or ditch unless you have water rights and written permission from the canal company.
Easements are not public property, and they are not open to public use.
Canal companies will typically clean in spring and do periodic surveys during the summer months.
Off season repairs are possible but canal companies will usually notify days in advance if they intend to bring heavy equipment into easement areas.
If your land is crossed by a canal or lateral ditch you may use the easement area so long as it does not interfere with irrigation company access, operation, maintenance, and repair activities.
Lateral ditches are the ditches that canal companies feed into for watering fields. They are the express responsibility of all landowners that they service, and not the canal companies.
Even though a lateral ditch may not have been used for years. Landowners downstream, who have a water right, still have an easement. Do not fill or pipe in a ditch unless you have written permission from all landowners who are serviced by that ditch.
Encroachments
Encroachments are things like buildings, parking areas, fences, landscaping and other structures or activities within the easement. Law requires that a landowner obtain written permission before encroaching on a watercourse easement...
Trees
Trees represent a gray area in that they can be a significant obstruction, but are often not placed in the easement area by the landowner but grow naturally. Trees that fall that have obstructed the canal or whose uprooting has compromised the canal bank are typically removed and managed by the canal companies. Damage to private dwellings, fences, gardens and outbuilding from their falling is not the liability of the canal companies.
Landowners are responsible for maintaining or inhibiting the growth of trees on their property. Planting of trees in the easement area without written permission is considered encroachment.
If you have specific questions concerning erosion of canal banks, leaks, obstructions and fallen trees, please contact the canal company that is responsible. Thank you for helping us keeping these vital waterways open and accessible.
https://www.cachecounty.org/gis/canal-interactive-web-maps.html
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