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Senate approves bill giving irrigation assessments priority over mortgages
Summary
Senate Bill 10‑82 amends Idaho Code to clarify that irrigation district assessment liens have first priority on assessed property; sponsors said the change resolves title and collection issues for irrigation districts and their members.
Boise — The Idaho Senate passed Senate Bill 10‑82 on March 3 to clarify lien priority for irrigation assessment liens, placing those assessments ahead of mortgages for property subject to irrigation assessments.
Senator Burton Shaw, presenting the bill, said the change amends Idaho Code 43‑7‑06 and aims to ensure irrigation districts can collect annual maintenance and operation assessments that fund canal and irrigation system upkeep. He used a farm example to illustrate scale, saying a 1,000‑acre assessment at $90 per acre could amount to $90,000 annually and explained how unpaid assessments can be enforced through liens and, under certain conditions, tax liens that take precedence in sales.
“What this is doing is it’s like a conformity bill and places the lien on assessments in front of mortgages,” Burton Shaw said. He said banks, credit unions and title companies support the measure and described it as a protection for canal companies that provide mandatory services for irrigated acreage.
Senators asked procedural and clarifying questions and the sponsor explained how collections work when assessments go unpaid and how the law interacts with foreclosure and tax liens. The Senate recorded a roll call and the secretary announced the result: 34 in favor with 1 absent.
Senate action: SB 10‑82 passed the Senate and will be transmitted to the House. The floor record shows the sponsor emphasized the financial burden irrigation assessments can impose and that the bill clarifies priority to avoid forcing canal companies to assume unpaid costs.
