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Heyburn Police Chief Dan Bristol

Heyburn Police Chief Dan Bristol

Q: I’m wondering why farmers are allowed to sprinkle the roads around here. I’m not talking about, “well the wind blows.” I’m talking about the ¼ or longer sections laid out along the road that on a calm day hit the centerline or more. Just last week, some friends had one blast through their passenger’s side window. The wife screamed and the hubby freaked and ran off the road. I guess it will take a death or two for some action?—Marcus

A: I hope the answer is “no” to the second part of your question. I hate to see the government become reactive rather than proactive, especially when it pertains to somebody possibly dying (that is why I push so hard to be proactive with domestic violence).

The first part of your question is a simple answer: nobody can lawfully run water on the road intentionally.

Idaho Code 18-3908 covers what I believe you are inquiring about.

It reads: “Any person who runs water either by flooding or sprinkler irrigation across any public highway, road or street, without first constructing a good and sufficient ditch or ditches to convey the same, or who fails to bridge such ditch or ditches, or to keep such bridge or ditches in good repair, or to ensure that the flow from the sprinkler does not flood the public highway, road or street and all persons, companies or corporations who suffer any water used by them for the purpose of irrigation, or any other purposes, to flow into or upon any public highway, road or street, in any other manner than that authorized by law, are guilty of an infraction on the first offense, and shall be guilty of a misdemeanor for each offense thereafter per calendar year, and upon conviction thereof shall be fined $50.00, and for a second offense, double said fine and costs; and it is hereby made the duty of all road supervisors, constables and marshals, to make complaint before the proper court, for violations of this section, whenever notified or having knowledge thereof. A person may not be charged under the provisions of this chapter if the flooding from a sprinkler or other water conveyance system is a result of mechanical failure, wind or other climatic condition, or other circumstances outside of the control of the person.”

Remember that you have the right to sign a complaint against the person watering the road.

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It is also possible that if law enforcement is not advised where water on the road is, they might miss it due to being in the wrong place at the wrong time.

Officer down

Please put these officers, killed in the line of duty, and their families in your prayers. They fought the good fight, now may they rest in peace. God bless these heroes.

  • Deputy Sheriff Nicholas Dixon, Hall County Sheriff, Georgia
  • Conservation Officer Opie Barron, Red Lake Nation Conservation Department, Tribal Police
  • K9 Cas, Whitley County Sheriff, Indiana

Have a question for Policeman Dan? Email your question(s) to policemandan@cableone.net or look for Ask Policemandan on Facebook and click the like button. Mail to: Box 147, Heyburn, Idaho 83336

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Dan Bristol is the City of Heyburn Chief of Police.

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