What is the law concerning hunting irrigation ditches or access roads that parallel them? It's obvious that a sign stating no trespassing/no hunting limits access, but what if there are no signs posted? Are there certain ditches that are ok to access and others that are off limits?
Answer:
Idaho trespass law generally applies to whether a canal/ditch and related access roads are open to public access and to specific activities such as hunting. The land containing irrigation canals and related access roads may be owned by the irrigation company, or it may be owned by a third party with the irrigation company having a right-of-way or easement that may give it rights to control access. The Fish and Game Commission has closed certain portions of canals and reservoirs to hunting activities, such as the New York Canal in Ada County from the New York Canal Diversion downstream to Boise City limits, and our season & rule brochures identify those closures. Canals/ditches and access roads on Fish and Game Wildlife Management Areas and other public lands are generally open to public access unless otherwise posted. Fish and Game always encourages hunters, anglers and trappers to know whether land is public or private and to "ask first" before accessing private property.
Answered on:
Thursday, August 28, 2014 - 4:45 PM MDT