42-1721. INITIAL CONSTRUCTION, LIFT CONSTRUCTION, ENLARGEMENT, OR ALTERATION OF TAILINGS IMPOUNDMENT STRUCTURES — SUBMISSION OF DUPLICATE PLANS, DRAWINGS AND SPECIFICATIONS. Owners who shall desire to construct, or enlarge, or alter or repair, meaning only such alterations or repairs as may affect the safety of the structure, any mine tailings impoundment structure for the purpose of […]
42-1730. STATEMENT OF PURPOSE. The legislature finds and declares that: (1) The water resources and waterways of Idaho constitute a valuable renewable resource; (2) The welfare of the people of Idaho is dependent upon conservation, development and optimum use of our water resources and waterways; (3) State regulation of development and use of our water […]
42-1731. DEFINITIONS. For the purpose of this chapter: (1) "Alteration" means any activity using mechanized equipment that moves or overturns gravel or earth. (2) "Board" means the Idaho water resource board. (3) "Comprehensive state water plan" means the plan adopted by the board pursuant to section 42-1734A, Idaho Code, or a component of such plan […]
42-1732. IDAHO WATER RESOURCE BOARD. Pursuant to the provisions of article 15, section 7, of the constitution of the state of Idaho, there is hereby established as the constitutional water agency within the department of water resources the Idaho water resource board which shall consist of eight (8) appointed members. The eight (8) appointed members […]
42-1733. ORGANIZATION. The business of the board shall be conducted as follows: (a) The first meeting of the board shall be held in the city of Boise within thirty (30) days following its appointment and thereafter the board shall hold no less than four (4) regular meetings annually on dates and at places set by […]
42-1734. POWERS AND DUTIES. The board shall, subject to the provisions of chapter 52, title 67, Idaho Code, have the following powers and duties: (1) To have and exercise all of the rights, powers, duties and privileges vested by article XV, section 7, of the constitution of this state in the water resource agency, and […]
42-1734A. COMPREHENSIVE STATE WATER PLAN. (1) The board shall, subject to legislative approval, progressively formulate, adopt and implement a comprehensive state water plan for conservation, development, management and optimum use of all unappropriated water resources and waterways of this state in the public interest. The comprehensive state water plan shall consist of: Part A — […]
42-1734B. BOARD PROCEDURES FOR ADOPTING A COMPREHENSIVE STATE WATER PLAN. (1) Prior to the adoption of the comprehensive state water plan or any component of the comprehensive plan, the board shall conduct hearings in the manner provided in section 42-1734A, Idaho Code. (2) In the preparation, adoption, and implementation of the comprehensive state water plan, […]
42-1734C. STATUS OF COMPREHENSIVE STATE WATER PLAN BEFORE FEDERAL AGENCIES. The comprehensive state water plan required by this chapter shall be submitted to the federal energy regulatory commission, and the pacific northwest electric power and conservation planning council, and any other federal agencies as the state water plan for the conservation, development, management and optimum […]
42-1734D. DESIGNATION OF INTERIM PROTECTED RIVERS. (1) Prior to the adoption of a comprehensive plan for a waterway, the board may designate a waterway as an interim protected river. Any state agency may petition the board to designate a waterway as an interim protected river. The board shall promulgate procedural rules for designation of interim […]
42-1734E. REMEDIES. (1) The attorney general, at the request of the board, shall commence a civil action to enjoin any person violating any provision of this chapter and to recover actual damages in that amount required to restore a protected river and its riparian area to a condition reasonably comparable to that existing prior to […]
42-1734F. RIGHTS NOT AFFECTED. (1) No provision of this chapter, or any rules or regulations promulgated pursuant to this chapter, shall in any way limit, restrict, or conflict with approved applications for the appropriation of water or with vested property rights existing on the date a waterway is designated for protected river status or interim […]
42-1734G. WATER RIGHTS. No provisions of this chapter, or any rules or regulations promulgated pursuant to this chapter, shall be construed to establish a water right. Any water rights necessary to fulfill the purposes of this chapter shall be obtained pursuant to the provision of chapter 2 or chapter 15, title 42, Idaho Code. History: […]
42-1734H. DESIGNATION OF PARTICULAR RIVERS AS INTERIM PROTECTED RIVERS. (1) The board shall designate the following waterways as interim protected rivers pursuant to section 42-1734D, Idaho Code: (a) Priest River, from the Canadian Border to the confluence of Priest Lake; (b) South Fork of the Boise River, from Anderson Ranch Dam to Neal Bridge; (c) […]
42-1734I. DESIGNATION UNDER FEDERAL LAW. Designation of a waterway as a protected river pursuant to this chapter shall not be a basis for seeking inclusion of such waterway in the national wild and scenic rivers system pursuant to 16, United States Code section 1273(a)(ii) unless the act designating the waterway as a protected river specifically […]
42-1735. APPOINTMENT OF COUNSEL — HEARING OFFICERS. The board may appoint legal counsel or may retain private counsel independent of the counsel appointed by the director of the department. The board may utilize hearing officers during any hearing processes which are assigned to the board by law. History: [42-1735, added 1965, ch. 320, sec. 5, […]
42-1736B. WATER RESOURCE POLICY ACTIONS. (1) All future filings, permits and decrees on the unappropriated waters of this state shall be determined with respect to the effect such filings, permits and decrees will have on the minimum daily flow of the affected stream or river, or on the maintenance level of the affected lake or […]
42-1737. BOARD APPROVAL — CRITERIA — HEARINGS — APPEALS — DEFINING A MISDEMEANOR — INJUNCTIONS. (a) All project proposals involving the impoundment of water in a reservoir with an active storage capacity in excess of ten thousand (10,000) acre-feet, or the diversion of natural flow water appropriated pursuant to section 42-234, Idaho Code, for a […]
42-1738. VESTED WATER RIGHTS PROTECTED — POLICY OF PROJECT OPERATION AFTER PAY-OUT DEFINED. The board shall have no power or authority to do, and shall be and is prohibited from doing, any thing or act which would modify, set aside or alter any existing right or rights to the use of water or the priority […]
42-1739. BOND AUTHORIZATION. The Idaho water resource board is authorized, for the purpose of carrying out the lawful powers granted it by the laws of this state, to contract indebtedness and issue revenue bonds evidencing such indebtedness in conformity with this chapter. History: [42-1739, added 1965, ch. 319, sec. 1, p. 898.]
