42-3801. LEGISLATIVE INTENT — STREAM CHANNELS — ALTERATION. The legislature of the state of Idaho hereby declares that the public health, safety and welfare requires that the stream channels of the state and their environments be protected against alteration for the protection of fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, and water quality. […]
42-3802. DEFINITIONS. Whenever used in this act, the term: (a) "Person" means any individual, partnership, company, corporation, municipality, county, state or federal agency, or other entity proposing to alter a stream channel. (b) "Alter" means to obstruct, diminish, destroy, alter, modify, relocate, or change the natural existing shape or direction of water flow of any […]
42-3803. ALTERATION OF CHANNELS — PERMIT REQUIRED — PLANS. (a) No person shall engage in any project or activity which will alter a stream channel without first applying to and receiving a permit therefor from the director. Such application shall be submitted not less than sixty (60) days prior to the intended date of commencement […]
42-3804. APPLICATION — REVIEW BY DIRECTOR. Upon the receipt of any application with accompanying plans, it shall be the duty of the director to examine same and to furnish copies of the application and plans to, and consult with, other state agencies having an interest in the stream channel to determine the likely effect of […]
42-3805. DECISION OF DIRECTOR — HEARING — REVIEW BY DISTRICT COURT. Based upon his own investigation and the recommendations and alternate plans of other state agencies, the director shall prepare and forward to the applicant his decision approving the application in whole or in part or upon conditions, or rejecting the application. With regard to […]
42-3806. EXISTING RIGHTS UNAFFECTED — WHERE PERMIT NOT REQUIRED. This act shall not operate or be so construed as to impair, diminish, control or divest any existing or vested water rights acquired under the laws of the state of Idaho or the United States, nor to interfere with the diversion of water from streams under […]
42-3807. RESERVOIRS — PORT DISTRICTS — EXEMPT. This act shall not apply to any existing, proposed, or future reservoir projects. This act shall not apply to that portion of any continuous waterway system which will float commercial tug and barge vehicles to ports handling transoceanic traffic, and which is within or adjacent to any port […]
42-3808. EMERGENCIES — WAIVER BY DIRECTOR. When emergency situations exist requiring immediate action to protect life or property including growing crops, the director may waive the provisions of this act upon request; providing, however, that the extent of stream channel alteration shall be limited only to that amount of work deemed necessary by the director […]
42-3809. ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF. The director of the department of water resources is hereby vested with the power and authority to enforce the provisions of this chapter and rules and regulations promulgated pursuant to it. When the director of the department of water resources determines that any person is in substantial violation of […]
42-3810. RESTORATION OF STREAM CHANNEL — MITIGATION OF DAMAGES. Any party convicted of unlawful stream channel alteration shall, in addition to the penalties provided for in section 42-3809 of this act, be directed by the court to restore the stream channel to as near its original condition as possible or to effect such other measures […]
42-3811. VIOLATION OF ACT A MISDEMEANOR. Any person who violates any provision of this act or who violates any regulation, rule, order or standard of the board or director relating to the use of vacuum or suction dredges capable of moving two (2) or less cubic yards of material per hour shall be guilty of […]
