Idaho Code § 47-202 — Idaho Code / Title 47 / Chapter 2 / Section 47-202
47-202 MEETINGS — OFFICE — STATE GEOLOGIST.
Status: in_force

47-202. Meetings — Office — State geologist. The advisory board shall hold an annual meeting at the university of Idaho, Boise state university or Idaho state university and such other meetings as it may determine. The chief office of said survey shall be maintained at the university of Idaho. The director of the survey shall report to the president of the university of Idaho through the vice president for research at the university of Idaho. The director, or a professional geologist in the survey if so appointed by the director, is designated state geologist.

History:

[(47-202) 1919, ch. 54, sec. 2, p. 163; C.S., sec. 5482; I.C.A., sec. 46-202; am. 1974, ch. 17, sec. 27, p. 308; am. 1984, ch. 101, sec. 2, p. 230; am. 2003, ch. 46, sec. 2, p. 175.]
Idaho Code § 47-1804 — Idaho Code / Title 47 / Chapter 18 / Section 47-1804
47-1804 COST RECOVERY.
Status: in_force

47-1804. Cost recovery. If an operator fails to provide financial assurance as required by the provisions of this chapter, or has forfeited moneys from the reclamation fund and has not repaid those moneys, the state board of land commissioners shall be authorized to file liens against personal property and equipment of the operator to recover costs. The operator shall be liable for the actual cost of the required financial assurance, reclamation costs and administrative costs incurred by the department of lands.

History:

[47-1804, added 2002, ch. 153, sec. 1, p. 449.]
Idaho Code § 47-1604 — Idaho Code / Title 47 / Chapter 16 / Section 47-1604
47-1604 LEASED AREA.
Status: in_force

47-1604. leased area. The surface area covered by a geothermal lease issued pursuant to this chapter shall be determined by the state board of land commissioners.

History:

[47-1604, added 1972, ch. 182, sec. 1, p. 467; am. 2011, ch. 63, sec. 1, p. 138.]
Idaho Code § 47-319 — Idaho Code / Title 47 / Chapter 3 / Section 47-319
47-319 SETBACKS.
Status: in_force

47-319. setbacks. (1) Except as provided in this section, oil and gas wells, tank batteries and gas processing facilities shall not be constructed within three hundred (300) feet of an existing occupied structure, domestic water well, canal, ditch or the natural or ordinary high-water mark of surface waters or within fifty (50) feet of a highway.

(2) Oil and gas wells, tank batteries and gas processing facilities may be constructed less than three hundred (300) feet but more than one hundred (100) feet from an existing occupied structure, domestic water well, canal or ditch if the operator has obtained the express written permission from the owner of the occupied structure, domestic water well, canal or ditch.

History:

[47-319, added 2017, ch. 271, sec. 12, p. 689.]
Idaho Code § 47-703 — Idaho Code / Title 47 / Chapter 7 / Section 47-703
47-703 EXPLORATION LOCATIONS ON STATE LANDS.
Status: in_force

47-703. Exploration locations on state lands. (1) Location for exploration purposes may be made upon lands belonging to the state of Idaho in which the mineral rights are reserved or belong to the state, including the beds of all navigable rivers in the state of Idaho and all portions of said navigable rivers between the natural or ordinary high water marks, providing that no exploration location may be made on any lands for which a mineral lease application has been made and is pending as provided in section 47-704, Idaho Code; providing further, that no exploration location may be made for salable minerals as that term is used in section 47-701, Idaho Code.

(2) Such locations when made upon surveyed land shall conform to legal subdivisions. When made upon the beds of navigable rivers, they shall not exceed one-half (1/2) river mile. When made on surveyed land, they shall not exceed twenty (20) acres except that when made upon surveyed land designated as a lot, they may equal one-half (1/2) of said lot. Descriptions of locations made on the beds of navigable rivers, the boundaries of which shall have been meandered, shall be described as near as may be with the lotting of the fractional subdivisions bordering upon the navigable rivers, and the description of the location shall be so accurately drawn and tied to the government corners that the ground may be accurately located and so described that the location may be accurately platted upon the books of the state board of land commissioners.

(3) The discoverer of a mineral deposit or a person desiring to prospect for mineral shall immediately post conspicuously on each twenty (20) acre tract or fraction thereof, or each one-half (1/2) river mile that he desires to locate, an exploration certificate of location declaring that he has made such discovery or declaring that he desires to prospect for mineral, together with the date of such discovery or declaration. Said certificate shall be in such form as the board may prescribe. The locator shall be allowed twenty (20) days from such date to file an exact copy of exploration certificate of location with the state board of land commissioners and pay the appropriate fees. Said certificate shall designate the legal subdivisions located and shall be recorded in the office of said board as of the date of filing, and an entry of such location shall be made upon the plat and tract books.

(4) The locator shall be entitled to hold said location for a period of two (2) years from the first of the month following the date of recording and by performing one hundred dollars ($100) worth of work during each year for each location.

(5) Work within the meaning of this chapter shall consist of tunnels, shafts, or other mining excavations or development, including drilling by conventional methods and pits or shafts sunk to determine the value of the gravels. Work shall include roads, trails, buildings, machinery, or other surface improvement. All such work may be done at one (1) place on the location or at as many places as the locator may desire, and in case two (2) or more locations are under the same ownership, then said work may be performed on any one (1) or more locations. Work so performed as annual assessment, where performed for the benefit of a group contiguous and under common ownership, shall be such that it shall be of material benefit to each and every location forming the contiguous group.

(6) Written proof that such work has been done shall be filed with the state board of land commissioners on such forms and in such manner as it shall prescribe. Such procedure shall empower the locator to retain possession of and prospect said location for a period of two (2) years, at the end of which time he shall be required to take a lease upon such terms as may be agreed upon by the state board of land commissioners. Provided, that the right granted under this section to prospect for mineral and to make locations shall not extend to lands in the possession of a purchaser under contract of sale from the state.

History:

[(47-703) added 1923, ch. 96, sec. 3, p. 115; am. 1925, ch. 220, sec. 2, p. 404; am. 1933, ch. 107, sec. 1, p. 169; am. 1937, ch. 124, sec. 1, p. 185; am. 1951, ch. 72, sec. 1, p. 112; am. 1981, ch. 325, sec. 3, p. 677; am. 1990, ch. 316, sec. 1, p. 861; am. 2020, ch. 341, sec. 1, p. 998.]
Idaho Code § 47-605 — Idaho Code / Title 47 / Chapter 6 / Section 47-605
47-605 RECORD OF ADDITIONAL CERTIFICATE.
Status: in_force

47-605. Record of additional certificate. If at any time the locator of any mining claim heretofore or hereafter located, or his assigns, shall apprehend that his original certificate was defective, erroneous, or that the requirements of the law had not been complied with before filing, or shall be desirous of changing the surface boundaries, or of taking any part of an overlapping claim which has been abandoned, or in case the original certificate was made prior to the passage of this law, and he shall be desirous of securing the benefits of this chapter, such locator or his assigns may file an additional certificate subject to the conditions of this chapter, and to contain all that this chapter requires an original certificate to contain: provided, that such amended location does not interfere with the existing rights of others at the time when such amendment is made.

History:

[(47-605) 1895, p. 25, sec. 5; reen. 1899, p. 237, sec. 5; reen. R.C. & C.L., sec. 3210; C.S., sec. 5524; I.C.A., sec. 46-605.]
Idaho Code § 47-1709 — Idaho Code / Title 47 / Chapter 17 / Section 47-1709
47-1709 INTERAGENCY COORDINATION.
Status: in_force

47-1709. Interagency coordination. The board shall recognize other governmental, educational, and private organizations or agencies which have expertise and information regarding abandoned mines and affected lands. The board shall characterize, prioritize, and complete reclamation of eligible mines and affected lands in coordination with these agencies. In addition, the board may reasonably compensate them from the abandoned mine reclamation fund for services that the board requests they provide.

History:

[(47-1709) 47-1708, added 1994, ch. 220, sec. 1, p. 705; am. 1999, ch. 44, sec. 8, p. 107; am. and redesig. 2025, ch. 79, sec. 7, p. 360.]
Idaho Code § 47-909 — Idaho Code / Title 47 / Chapter 9 / Section 47-909
47-909 APPEAL FROM COMMISSIONERS' AWARD — BOND.
Status: in_force

47-909. Appeal from commissioners' award — Bond. Appeals from the assessment of damages made by the commissioners may be made and prosecuted in the proper district court by any party interested, at any time within ten (10) days after the filing of the report of the commissioners. A written notice of such appeal must be served upon the appellee in the same manner as summons is served in civil actions. The appellant must file with the clerk of the court to which the appeal is taken, a bond with sureties to be approved by the clerk in the amount of the assessment appealed from in favor of the appellee, conditioned that the appellant will pay any costs that may be awarded to the appellee, and abide any judgment that may be rendered in the cause.

History:

[(47-909) 1876, p. 70, sec. 9; R.S., sec. 3138; reen. R.C. & C.L., sec. 3231; C.S., sec. 5545; I.C.A., sec. 46-809.]
Idaho Code § 47-307 — Idaho Code / Title 47 / Chapter 3 / Section 47-307
47-307 USE OF INFORMATION.
Status: in_force

47-307. Use of information. The Idaho geological survey is hereby authorized to utilize in its study of regional geology, mineral deposits, industrial minerals and aggregates, oil and gas resources, and groundwater resources, in its dissemination of geological and mineral data, and in its publication of reports and maps on the geology and mineral resources of the state, any information derived from samples and records deposited with it. The Idaho geological survey shall not disclose any record, or any information contained therein, if the record or information is exempt from disclosure under the Idaho public records act, chapter 1, title 74, Idaho Code, or is subject to a confidentiality agreement between the Idaho geological survey and the owner or owners of the records or information. Should a confidentiality or data-sharing agreement exist, the terms of that agreement shall control any disclosure by the Idaho geological survey. For information that becomes publicly available or that is not exempt from disclosure under the Idaho public records act, the existence of a confidentiality or data-sharing agreement will not extend the period of confidentiality beyond that available under the Idaho public records act. Subject to any confidentiality or data-sharing agreement, the Idaho geological survey is authorized to share such records or information obtained under section 47-306, Idaho Code, or information derived therefrom, with the Idaho oil and gas conservation commission and the Idaho department of lands, in furtherance of the respective authorized functions of the commission and the Idaho department of lands. The sharing of information between the Idaho geological survey, the oil and gas conservation commission and the Idaho department of lands shall not render the shared information subject to disclosure to other persons under the Idaho public records act.

History:

[(47-307) 1931, ch. 115, sec. 7, p. 196; I.C.A., sec. 46-307; am. 2009, ch. 11, sec. 16, p. 26; am. 2016, ch. 194, sec. 2, p. 542.]
Idaho Code § 47-718 — Idaho Code / Title 47 / Chapter 7 / Section 47-718
47-718 VIOLATIONS — REMEDIES — PENALTIES.
Status: in_force

47-718. Violations — Remedies — Penalties. (1) In addition to any other penalties and remedies of this chapter and at law, any person, firm, or corporation who violates any provisions of this chapter or rules adopted pursuant thereto, or who fails to perform the duties imposed thereby, or who violates any determination or order thereunder or any violation of a lease granted under this chapter, the director of the department of lands may:

(a) Proceed by legal action in the name of the state of Idaho to enjoin the violation, by temporary restraining order, preliminary injunction and/or permanent injunction.

(i) The court, or a judge thereof at chambers, if satisfied from a verified complaint or by affidavit that the alleged violation has been or is being committed, may issue a temporary restraining order, without notice or bond, enjoining the defendant, his agents, employees, contractors and assigns from further violation, or from conducting exploration or mining on the state lands affected by the violation.

(ii) The verified complaint or affidavit that the alleged violation has been or is being committed shall constitute prima facie evidence of great or irreparable injury and/or great waste sufficient to support the temporary restraining order.

(iii) The action shall thereafter proceed as in other cases for injunctions. If at the trial the violation is established, the court shall enter a decree perpetually enjoining said defendant, his agents, employees, contractors and assigns from thereafter committing said or similar violations.

(b) Proceed by legal action in the name of the state of Idaho to obtain an order requiring the operator to promptly repair the damage and reclaim the state lands in accordance with the requirements of section 47-703A, Idaho Code, and rules adopted pursuant thereto. If thereafter the court finds that the operator is not promptly complying with such order, the court shall order the operator to immediately pay an amount determined by the department to be the anticipated cost of reasonable repair and reclamation in accordance with section 47-703A(4), Idaho Code, and rules adopted pursuant thereto.

(c) Proceed to forfeit the operator's bond required by section 47-703A(1), 47-704(6) or 47-708, Idaho Code. The board may cause to have issued and served upon the operator alleged to be committing such violation, a formal complaint which includes a statement of the manner in and the extent to which said operator is alleged to be violating the provisions of this act. Such complaint may be served by certified mail, and return receipt signed by the lessee, an officer of a corporate lessee, or the designated agent of the lessee shall constitute service. The lessee shall answer the complaint and request a hearing before a designated hearing officer within thirty (30) days from receipt of the complaint if matters asserted in the complaint are disputed. If the lessee fails to answer the complaint and request a hearing, the matters asserted in the complaint shall be deemed admitted by the lessee, and the board may proceed to forfeit the bond in the amount necessary to reclaim affected lands and pay for any outstanding royalties and related administrative costs. The director of the department of lands is empowered to issue subpoenas. The hearing shall be conducted in accordance with chapter 52, title 67, Idaho Code. The hearing officer shall enter an order in accordance with chapter 52, title 67, Idaho Code. Appeal to a district court shall be in accordance with chapter 52, title 67, Idaho Code.

(d) Cancel the lease in accordance with section 47-707, Idaho Code.

(2) In addition to the injunctive remedies of subsection (1)(a) of this section:

(a) Proceed in the first instance by legal action in the name of the state of Idaho to recover from an operator who without bond has conducted or is conducting exploration with heavy equipment on state lands, including lands between the ordinary high watermarks of navigable rivers, the cost of repairing damage to and reclaiming the affected state lands in accordance with section 47-703A(4), Idaho Code, and rules adopted pursuant thereto; or if the bond on file with the department of lands is not sufficient to adequately reclaim the affected state lands, to recover the cost in excess of the bond to reclaim the affected state lands in accordance with section 47-703A(4), Idaho Code, and rules adopted pursuant thereto.

(b) Proceed by legal action in the name of the state of Idaho to recover from an operator who has removed minerals in commercial quantities from state lands, including lands between the ordinary high watermarks of navigable rivers, in violation of the provisions of section 47-717, Idaho Code, damages in the amount of the prevailing royalty rate set by the board of land commissioners for the particular mineral removed plus interest from the date of removal at the legal rate of interest due on money judgments set by the Idaho state treasurer pursuant to section 28-22-104, Idaho Code, from the date of removal to judgment.

(3) In addition to any other penalties or injunctive remedies of this chapter, any person, firm, or corporation who violates any of the provisions of this chapter or rules adopted pursuant thereto, or who fails to perform the duties imposed by these provisions, or who violates any determination or order promulgated pursuant to the provisions of this chapter, shall be liable to a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each day during which any provision of this chapter, rule or order has been or is being violated. All sums recovered shall be credited to the general fund.

(4) An appeal from a final judgment of the district court shall be taken in the manner provided by law for appeals in civil cases.

History:

[47-718, added 1981, ch. 325, sec. 6, p. 681; am. 1989, ch. 262, sec. 2, p. 640; am. 1993, ch. 216, sec. 43, p. 626; am. 2012, ch. 196, sec. 1, p. 527; am. 2014, ch. 57, sec. 2, p. 137.]
Idaho Code § 47-1502 — Idaho Code / Title 47 / Chapter 15 / Section 47-1502
47-1502 SHORT TITLE.
Status: in_force

47-1502. Short title. This act shall be known and may be cited as the "Idaho mined land reclamation act." The reclamation provisions of this act shall not apply to mining operations regulated by the Idaho dredge and placer mining protection act, nor shall such provisions apply to any workings at an underground mine below the surface.

History:

[47-1502, added 1971, ch. 206, sec. 2, p. 898; am. 2005, ch. 167, sec. 4, p. 512; am. 2019, ch. 226, sec. 3, p. 694.]
Idaho Code § 47-1515 — Idaho Code / Title 47 / Chapter 15 / Section 47-1515
47-1515 INFORMATION.
Status: in_force

47-1515. Information. Any information supplied by an operator to the board, the director, or the department of lands, and designated by such operator as confidential, shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

History:

[47-1515, added 1971, ch. 206, sec. 15, p. 898; am. 1974, ch. 17, sec. 38, p. 308; am. 1990, ch. 213, sec. 66, p. 535; am. 2015, ch. 141, sec. 123, p. 473.]
Idaho Code § 47-1319 — Idaho Code / Title 47 / Chapter 13 / Section 47-1319
47-1319 BOND FORFEITURE ON DEFAULT.
Status: in_force

47-1319. Bond forfeiture on default. (a) The surety bond required by this act to be given by a permittee for dredge or other placer mining purposes under permit shall be exonerated and discharged upon the completion or termination of such mining operation as specified in the permit granted therefor and upon full compliance with the requirements of this act and the rules and regulations of said board of land commissioners made for the administration thereof.

(b) That in event the holder of any permit issued under this act fails to comply with the requirements of this act and the rules and regulations of the Idaho board of land commissioners for the administration hereof, then the applicable bond of such permittee shall be forfeited to the state of Idaho in such amount and to such extent as the state board of land commissioners shall estimate and determine will be necessary to pay all cost and expense of restoring the lands and beds of streams damaged by dredge or other placer mining of said defaulting permittee and covered by such bond and remaining unrestored, and such forfeited funds are to be deposited in the dredge and placer mining account, which is hereby created in the dedicated fund of the state treasury. All moneys deposited in the dredge and placer mining account pursuant to this section or other provisions of this chapter shall be utilized by the state board of land commissioners for the restoration of lands and watercourses damaged by placer or dredge mining operations.

(c) No forfeiture of bond of a permittee shall be made until after procedures have been followed as provided in sections 47-1318 and 47-1320, Idaho Code, and the complaint is issued and findings of facts and rulings of law in support of the order of forfeiture, if any, have been made and the time for appeal has expired.

History:

[47-1319, added 1955, Init. Meas., sec. 8; am. 1957, ch. 325, sec. 2, p. 685; am. 1969, ch. 281, sec. 8, p. 845; am. 1984, ch. 102, sec. 6, p. 237; am. 1988, ch. 72, sec. 2, p. 103.]
Idaho Code § 47-808 — Idaho Code / Title 47 / Chapter 8 / Section 47-808
47-808 BOND.
Status: in_force

47-808. Bond. (1) The board shall require the execution of a good and sufficient bond in an amount the board determines reasonable which shall not be less than one thousand dollars ($1,000) in favor of the state of Idaho conditioned on the payment of all damages to the surface and improvements thereon, whether or not the lands have been sold or leased for any other purposes.

(2) Upon commencement of operations for the drilling of any well, lessee shall be required by the board to furnish such a bond the board determines reasonable which shall not be less than six thousand dollars ($6,000) which bond shall be in lieu of the bond required in subsection (1) of this section and shall cover all subsequent operations on said lease.

History:

[47-808, added 1937, ch. 130, sec. 8, p. 200; am. 1949, ch. 128, sec. 5, p. 226; am. 1992, ch. 160, sec. 1, p. 516.]
Idaho Code § 47-911 — Idaho Code / Title 47 / Chapter 9 / Section 47-911
47-911 EFFECT OF APPEAL — BOND AND DEPOSIT OF DAMAGES.
Status: in_force

47-911. Effect of appeal — Bond and deposit of damages. The prosecution of an appeal from the award of the commissioners or from the judgment of the district court does not hinder, delay or prevent the plaintiff from exercising all the rights and privileges granted by the award or judgment, if he deposit with the clerk of the district court the full amount of the damages awarded or adjudged the defendant, and execute and deliver to the clerk a bond with sufficient sureties to be approved by the clerk, in an amount to be fixed by the judge of the district court, conditioned to pay to the defendant any additional amount, over and above the amount so deposited that the defendant may recover, and all costs to which he may be entitled under the provisions of this chapter. At any time after such deposit and before the final determination of the action the defendant may, upon demand, receive from the clerk the amount so deposited, but his acceptance of the same or any part thereof, shall bar any further prosecution of the appeal, and shall be deemed an acquiescence and consent to the award and judgment, and the defendant shall not be entitled to any costs subsequent to the judgment.

History:

[(47-911) 1876, p. 70, sec. 11; R.S., sec. 3140; am. 1899, p. 350, sec. 4; reen. R.C. & C.L., sec. 3233; C.S., sec. 5547; I.C.A., sec. 46-811.]
Idaho Code § 47-312 — Idaho Code / Title 47 / Chapter 3 / Section 47-312
47-312 ACT NOT CONSTRUED TO RESTRICT PRODUCTION — WASTE PROHIBITED.
Status: in_force

47-312. Act not construed to restrict production — waste prohibited. It is not the intent or purpose of this law to require the proration or distribution or the production of oil and gas among the fields of Idaho on the basis of market demand. This act shall never be construed to require, permit, or authorize the commission or any court to make, enter, or enforce any order, rule, regulation or judgment requiring restriction of production due to market demand of any pool or of any well (except as provided in section 47-315, Idaho Code, hereof) to an amount less than the well or pool can produce without waste in accordance with sound engineering practices. The waste of oil and gas or either of them as defined in this chapter is hereby prohibited.

History:

[(47-312) 47-328, added 1963, ch. 148, sec. 14, p. 433; am. 2012, ch. 73, sec. 5, p. 215; am. and redesig. 2017, ch. 271, sec. 4, p. 681.]
Idaho Code § 47-1606 — Idaho Code / Title 47 / Chapter 16 / Section 47-1606
47-1606 LEASES — PURPOSES FOR WHICH LAND USED.
Status: in_force

47-1606. Leases — Purposes for which land used. The state board of land commissioners shall have the right to lease state or school lands for grazing, agricultural, or other purposes, as may be otherwise provided by law, and to issue geothermal resource leases covering lands leased for grazing, agricultural, or other purposes, provided however, that the lessee under a geothermal resource lease issued under the provisions of this chapter shall have paramount right to the use of so much of the surface of the land as shall be necessary for the purposes of his lease and shall have the right to ingress and egress at all times during the term of such lease.

History:

[46-1606, added 1972, ch. 182, sec. 1, p. 467.]
Idaho Code § 47-334 — Idaho Code / Title 47 / Chapter 3 / Section 47-334
47-334 USE OF SURFACE LAND BY OWNER OR OPERATOR.
Status: in_force

47-334. use of surface land by owner or operator. (1) For the purposes of this section, the following definitions shall apply:

(a) "Surface land" means land upon which oil and gas operations are conducted.

(b) "Crops" means any growing vegetative matter used for an agricultural purpose, including forage for grazing and domesticated animals.

(c) "Surface landowner" means a person who owns all or part of the surface land as shown by the records of the county in which the surface land is located. Surface landowner does not include the surface landowner's lessee, renter, tenant or other contractually related person.

(d) "Surface landowner's property" means a surface landowner's surface land, crops on the surface land and existing improvements on the surface land.

(e) "Surface use agreement" means an agreement between an owner or operator and a surface landowner addressing the use and reclamation of surface land owned by the surface landowner and compensation for damage to the surface land caused by oil and gas operations that result in loss of the surface landowner's crops on the surface land, loss of value of existing improvements owned by the surface landowner on the surface land and permanent damage to the surface land.

(2) An owner or operator may:

(a) Enter onto surface land under which the owner or operator holds rights to conduct oil and gas operations; and

(b) Use the surface land:

(i) To the extent reasonably necessary to conduct oil and gas operations; and

(ii) Consistent with allowing the surface landowner the greatest possible use of the surface landowner's property, to the extent that the surface landowner's use does not interfere with the owner's or operator's oil and gas operations.

(3) Except as is reasonably necessary to conduct oil and gas operations, an owner or operator shall:

(a) Mitigate the effects of accessing the surface landowner's surface land;

(b) Minimize the interference with the surface landowner's use of the surface landowner's property; and

(c) Compensate a surface landowner for unreasonable:

(i) Loss of a surface landowner's crops on the surface land;

(ii) Loss of value to existing improvements owned by a surface landowner on the surface land; and

(iii) Permanent damage to the surface land.

(4) For the purposes of this section, an owner or operator is not required to:

(a) Obtain location or spacing exceptions from the department or commission; or

(b) Utilize directional or horizontal drilling techniques that are not:

(i) Technologically feasible;

(ii) Economically practicable; or

(iii) Reasonably available.

(5) The provisions of subsection (2) of this section do not apply to the extent that they conflict with or impair a contractual provision relevant to an owner's or operator's use of surface land for oil and gas operations.

(6) (a) The provisions of this section do not prevent:

(i) A person from seeking a remedy allowed by law; or

(ii) An owner or operator and a surface landowner from addressing the use of surface land for oil and gas operations through a lease, a surface use agreement or another written contract.

(b) An agreement described in paragraph (a)(ii) of this subsection shall control:

(i) The use of surface land for oil and gas operations; and

(ii) Compensation for damage to the surface land caused by oil and gas operations.

(7) A nonbinding mediation may be requested by a surface landowner and an owner or operator by providing written notice to the other party if they are unable to agree on the amount of damages for unreasonable crop loss on the surface land, unreasonable loss of value to existing improvements owned by the surface landowner on the surface land, or unreasonable permanent damage to the surface land. A mediator may be mutually selected by a surface landowner and an owner or operator. The surface landowner and the owner or operator shall equally share the cost of the mediator's services. The mediation provisions of this section do not prevent or delay an owner or operator from conducting oil and gas operations in accordance with applicable law.

(8) A surface use bond shall be furnished to the department by the owner or operator in accordance with the following provisions:

(a) A surface use bond does not apply to surface land where the surface landowner is a party or a successor of a party to:

(i) A lease of the underlying privately owned oil and gas;

(ii) A surface use agreement applicable to the surface landowner's surface land; or

(iii) A contract, waiver or release addressing an owner's or operator's use of the surface landowner's surface land.

(b) The minimum surface use bond shall be in the amount of six thousand dollars ($6,000) per well site and shall be conditioned upon the performance by the owner or operator of the duty to protect a surface landowner against unreasonable loss of crops on surface land, unreasonable loss of value of existing improvements, and unreasonable permanent damage to surface land.

(c) The surface use bond shall be furnished to the department on a form designed by the department after good faith negotiation and prior to the approval of the application for a permit to drill. The mediation process identified in this section may commence and is encouraged to be completed. The department may accept a surface use bond in the form of a cash account or a certificate of deposit. Interest will remain within the account. The department may allow the owner or operator, or a subsequent owner or operator, to replace an existing surface use bond with another bond that provides sufficient coverage. The surface use bond shall remain in effect by the operator until released by the department.

(d) The surface use bond shall be payable to the department for the use and benefit of the surface landowner, subject to this section. The surface use bond shall be released to the owner or operator after the department receives sufficient information that:

(i) A surface use agreement or other contractual arrangement has been reached;

(ii) Final resolution of the judicial appeal process for an action for unreasonable damages has occurred and damages have been paid; or

(iii) Plugging and abandonment of the well is completed.

(e) The department shall make a reasonable effort to contact the surface landowner prior to the department's release of the surface use bond.

History:

[47-334, added 2017, ch. 271, sec. 27, p. 706; am. 2023, ch. 283, sec. 14, p. 866.]
Idaho Code § 47-703A — Idaho Code / Title 47 / Chapter 7 / Section 47-703A
47-703A EXPLORATION ON STATE LANDS — BOND.
Status: in_force

47-703A. Exploration on state lands — Bond. (1) With the exception of casual exploration as defined in subsection (6)(a) of this section, prior to motorized exploration on state lands, an operator shall first submit to the director of the department of lands, an exploration and reclamation plan and a bond in such form as prescribed by the board. The bond shall be in an amount determined by the board to be the estimated reasonable costs to perform the reclamation activities described in the exploration and reclamation plan in the event of the failure of the operator to complete those activities, plus ten percent (10%) of such costs, and conditioned on the payment of all damages to the land and resources thereon caused by the motorized exploration. An operator shall also comply with the dredge and placer mining act, chapter 13, title 47, Idaho Code, and the surface mining act, chapter 15, title 47, Idaho Code, where applicable. Written approval by the board is required prior to entry for motorized exploration.

(2) Except as provided in this subsection, no bond for exploration reclamation submitted pursuant to this chapter shall exceed two thousand five hundred dollars ($2,500) for any given acre of affected land. The board may require a bond in excess of two thousand five hundred dollars ($2,500) for any given acre of affected land only when the following conditions have been met:

(a) The board has determined that such bond is necessary to meet the requirements of this chapter;

(b) The board has delivered to the operator, in writing, a notice setting forth the reasons it believes such bond is necessary; and

(c) The board has conducted a hearing where the operator is allowed to give testimony to the board concerning the amount of the proposed bond. The hearing shall be held under such rules as promulgated by the board. This requirement for hearing may be waived, in writing, by the operator. Any hearing that is held shall, at the discretion of the director, extend the time up to thirty (30) days in which the board must act on a submitted plan.

(3) Weather permitting, the board shall deliver to the operator within sixty (60) days after the receipt of any exploration and reclamation plan a notice of rejection or notice of approval of said plan, as the case may be; provided, however, that if the board fails to deliver a notice of approval or notice of rejection within said time period, the plan submitted shall be deemed approved under subsection (1) of this section, and the operator may, upon furnishing a bond to the board that meets the requirements of subsection (1) of this section, commence and conduct his motorized exploration on the lands covered by such plan as if a notice of approval of said plan had been received from the board; provided, however, that if weather conditions prevent the board from inspecting the lands to obtain information needed to approve or reject a submitted plan, it may, in writing to the operator, extend the time not to exceed thirty (30) days after weather conditions permit such inspection. Any notice of rejection issued by the director of the department of lands or his properly authorized designated officer may be appealed by the operator to the board.

(4) The operator shall reclaim the surface damaged by the motorized exploration to the approximate previous contour and condition insofar as is reasonably possible.

(5) When all reclamation activities described in the exploration and reclamation plan have been completed, the operator shall notify the board. Within thirty (30) days after the receipt of such notice, weather permitting, the board shall notify the operator as to whether or not the reclamation activities have been satisfactorily completed. Upon the determination by the board that the reclamation activities in question have been satisfactorily completed, the board shall release the bond. If weather conditions prevent the board from obtaining information needed to determine if the reclamation activities have been satisfactorily completed, it may, in writing to the operator, extend the time not to exceed thirty (30) days after weather conditions permit such inspection. Any notice issued by the director of the department of lands or his properly authorized designated officer to not release the bond may be appealed by the operator to the board.

(6) The following definitions shall apply to this chapter:

(a) "Casual exploration" means entry and/or exploration which does not appreciably disturb or damage the land or resources thereon. Casual exploration includes, but is not limited to, geochemical and/or geophysical exploration techniques, sampling with hand tools, and entry using wheeled vehicles for transportation to conduct such exploration. Exploration using suction dredges having an intake diameter of two (2) inches or less shall be considered casual exploration when operated on endowment lands in a perennial stream. Exploration using suction dredges having an intake diameter of five (5) inches or less shall be considered casual exploration when operated in a navigable river. All suction dredging on state lands must follow the requirements of the stream protection act, chapter 38, title 42, Idaho Code.

(b) "Motorized exploration" means exploration which may appreciably disturb or damage the land or resources thereon. Motorized exploration includes, but is not limited to, drilling, trenching, dredging, or other techniques which employ the use of earth moving or other motorized equipment, seismic operations using explosives, and sampling with suction dredges having an intake diameter greater than two (2) inches when operated on endowment land in a perennial stream, and sampling with suction dredges having an intake diameter greater than five (5) inches when operated in a navigable river. When operated in an intermittent stream, suction dredges shall be considered motorized exploration regardless of the intake size.

(c) "Exploration and reclamation plan" means, for this section only, a written plan and maps with sufficient detail to accurately describe all of the activities associated with motorized exploration on state lands and the activities associated with reclamation. Reclamation activities may include, but are not limited to, regrading to resemble the original contour, plugging drill holes and revegetation. An estimate of third party reclamation costs, acceptable to the board, shall be included in the plan and will be used to determine the bond amount.

History:

[47-703A, added 1981, ch. 325, sec. 4, p. 679; am. 1990, ch. 317, sec. 1, p. 865; am. 2014, ch. 57, sec. 1, p. 135.]
Idaho Code § 47-602 — Idaho Code / Title 47 / Chapter 6 / Section 47-602
47-602 METHOD OF LOCATING MINING CLAIM.
Status: in_force

47-602. Method of locating mining claim. The locator of a mining claim must at the time of making his location designate his claim by posting at one (1) corner of the claim his notice of location in writing in which there shall be stated:

1. The name of the locator or locators.

2. The name of the claim and whether located as a lode mining claim or as a placer mining claim.

3. The date of the location and the mining district, if any, and the county in which the claim is located.

4. The directions and distances which describe the claim.

5. The direction and distance from the corner where notice is posted to such natural object or permanent monument, if any such there be, as will fix and describe in the notice itself the site of the claim.

Before recording his notice of location, the locator must mark the boundaries of his mining claim by placing at each corner or angle of the claim a substantial monument or a post at least four (4) feet in height and four (4) inches square or in diameter. Each post and monument shall be marked with the name of the claim, the position or number of the corner or angle and the direction of the boundary lines. The locator shall mark the boundary lines so that they can be readily traced. Where it is impracticable to place a monument or post in its true position, a witness monument shall be erected and marked to indicate the true position of the corner or angle.

History:

[47-602, added 1970, ch. 92, sec. 4, p. 227.]
Idaho Code § 47-801 — Idaho Code / Title 47 / Chapter 8 / Section 47-801
47-801 LEASE OF STATE OR SCHOOL LANDS FOR OIL AND GAS DEVELOPMENT — SURFACE RIGHTS.
Status: in_force

47-801. Lease of state or school lands for oil and gas development — Surface rights. The state board of land commissioners is hereby authorized and empowered to lease for a term of up to ten (10) years, and as long thereafter as oil, gas, casinghead gas, casinghead gasoline or other hydrocarbons, or any of them, is produced in paying quantities, or as much longer thereafter as the lessee in good faith shall conduct drilling operations thereon, any state or school lands that may contain oil, gas, casinghead gas, casinghead gasoline, or other hydrocarbons, together with the right to use and occupy so much of the surface of said land as may be required for all purposes reasonably incident to the prospecting for, exploration for, drilling for, production, refining and marketing of said oil, gas, casinghead gas, casinghead gasoline or other hydrocarbons produced from said lands, including the right to construct and maintain thereon all works, buildings, plants, waterways, roads, communication lines, pipe lines, reservoirs, tanks, pumping stations, or other structures necessary to the full enjoyment thereof for the purposes of the lease.

History:

[47-801, added 1937, ch. 130, sec. 1, p. 200; am. 1949, ch. 128, sec. 1, p. 226; am. 2017, ch. 119, sec. 1, p. 272.]
Idaho Code § 47-905 — Idaho Code / Title 47 / Chapter 9 / Section 47-905
47-905 APPOINTMENT OF COMMISSIONERS — TRIAL BY COURT IF COMMISSIONERS NOT APPOINTED.
Status: in_force

47-905. Appointment of commissioners — Trial by court if commissioners not appointed. At any time after the service of the summons the plaintiff may upon ten days' notice to the defendant, apply to the district court or the judge thereof for the appointment of commissioners to assess the damages resulting from the grant of such right of way. If upon the hearing of such motion, and the affidavits and proofs offered by the respective parties, the judge shall be of the opinion that the plaintiff has made a prima facie case entitling him to the relief demanded in the complaint, or any part thereof, he shall appoint three commissioners, who must be disinterested persons, residents of the county, to assess the damages resulting to the claims, mines or lands of the defendant. But if such commissioners are not applied for and appointed, or their award is not approved by the judge or court, or if an appeal is taken from their award as hereinafter provided, the action shall be tried and determined by the court, and the provisions of the Code of Civil Procedure applicable thereto shall govern the proceedings therein as in other civil actions. Either party shall be entitled to a jury trial and may move for a new trial and appeal as in other cases.

History:

[(47-905) 1876, p. 70, sec. 5; R.S., sec. 3134; am. 1899, p. 350, sec. 3; reen. R.C. & C.L., sec. 3227; C.S., sec. 5541; I.C.A., sec. 46-805.]
Idaho Code § 47-331 — Idaho Code / Title 47 / Chapter 3 / Section 47-331
47-331 OBLIGATION TO PAY ROYALTIES AS ESSENCE OF CONTRACT — INTEREST.
Status: in_force

47-331. Obligation to pay royalties as essence of contract — interest. (1) The obligation arising under an oil and gas lease to pay oil and gas royalties to the royalty owner or the owner's assignee, to deliver oil and gas to an end purchaser to the credit of the royalty owner or the owner's assignee, or to pay a portion of the proceeds of the sale of the oil and gas to the royalty owner or the owner's assignee is of the essence in the lease contract.

(2) Unless otherwise agreed by the parties:

(a) A royalty of no less than twelve and one-half percent (12.5%) of the oil and gas or natural gas plant liquids produced and saved shall be paid. The lessee shall make payments in legal tender unless written instructions for payment in kind have been provided.

(b) Royalty shall be due on all production sold from the leased premises except on that consumed for the direct operation of the producing wells and that lost through no fault of the lessee.

(3) If the operator under an oil and gas lease fails to pay oil and gas royalties to the royalty owner or the owner's assignee within one hundred twenty (120) days after the first production of oil and gas under the lease is marketed, or within sixty (60) days for all oil and ninety (90) days for all gas produced and marketed thereafter, the unpaid royalties shall bear interest at the maximum rate of interest authorized under section 28-22-104(1), Idaho Code, from the date due until paid. Provided, however, that whenever the aggregate amount of royalties due to a royalty owner for a twelve (12) month period is less than one hundred dollars ($100), the operator may remit the royalties on an annual basis without any interest due.

(4) A royalty owner seeking a remedy for failure to make payments under the lease or seeking payments under this section may file a complaint with the commission or may bring an action in the district court pursuant to section 47-333, Idaho Code. The prevailing party in any proceeding brought under this section is entitled to recover court costs and reasonable attorney's fees.

(5) This section does not apply if a royalty owner or the owner's assignee has elected to take the owner's or assignee's proportionate share of production in kind or if there is a dispute as to the title of the minerals or entitlement to royalties, the outcome of which would affect distribution of royalty payments.

History:

[47-331, added 2017, ch. 271, sec. 24, p. 704; am. 2023, ch. 283, sec. 13, p. 865.]
Idaho Code § 47-619 — Idaho Code / Title 47 / Chapter 6 / Section 47-619
47-619 LODE AND PLACER CLAIMS — OFFICIAL PATENT SURVEY AS CREDIT ON ANNUAL ASSESSMENT WORK.
Status: in_force

47-619. Lode and placer claims — Official patent survey as credit on annual assessment work. An official patent survey of a lode or placer mining claim or claims by a United States mineral surveyor may be credited to annual assessment work or labor, but in no case shall the credit for such survey and its attendant expense exceed the required assessment for one (1) year on the claim or claims surveyed. When credit is sought for such work or improvement, the claimant must file in the recorder's office in the county in which such claim is situated the affidavit of such United States mineral surveyor, showing the cost of such survey, and when so filed the actual cost of such survey shall be deemed and considered as labor and improvements done and performed upon said claim or claims.

History:

[(47-619) C.S., sec. 5536-B, as added by 1929, ch. 194, sec. 2, p. 361; I.C.A. sec. 46-619.]
Idaho Code § 47-910 — Idaho Code / Title 47 / Chapter 9 / Section 47-910
47-910 TRIAL ON APPEAL.
Status: in_force

47-910. Trial on appeal. An appeal brings before the district court the necessity of the right of way or easement for the successful and convenient working of the mining claim and the amount of damages; and upon such appeal the case must be tried anew, and either party is entitled to a jury.

History:

[(47-910) 1876, p. 70, sec. 10; R.S., sec. 3139; reen. R.C. & C.L., sec. 3232; C.S., sec. 5546; I.C.A., sec. 46-810.]
Idaho Code § 47-204 — Idaho Code / Title 47 / Chapter 2 / Section 47-204
47-204 REPORTS.
Status: in_force

47-204. Reports. The state geological survey shall annually, on or before the first day of January, make to the governor of the state and to the president of the university of Idaho a report detailing major events during the previous year concerning the geology and mineral resources of the state, a report of its expenditures and of the work of said survey during the preceding year, and budget requests for the following year; and it shall make a similar report of its doings and its expenditures to the state legislature through the legislative council.

History:

[(47-204) 1919, ch. 54, sec. 5, p. 164; C.S., sec. 5484; I.C.A., sec. 46-204; am. 1974, ch. 17, sec. 29, p. 308; am. 1984, ch. 101, sec. 4, p. 231.]
Idaho Code § 47-1516 — Idaho Code / Title 47 / Chapter 15 / Section 47-1516
47-1516 DEPOSIT OF FORFEITURES AND DAMAGES.
Status: in_force

47-1516. Deposit of forfeitures and damages. All forfeitures and civil damages collected under the provisions of this act shall be deposited with the state treasurer in a special fund to be used by the board for mined land reclamation purposes.

History:

[47-1516, added 1971, ch. 206, sec. 16, p. 898; am. 2019, ch. 226, sec. 14, p. 710.]
Idaho Code § 47-1323 — Idaho Code / Title 47 / Chapter 13 / Section 47-1323
47-1323 DREDGE MINING OF WATER BODIES MAKING UP THE NATIONAL WILD AND SCENIC RIVERS SYSTEM PROHIBITED.
Status: in_force

47-1323. Dredge mining of water bodies making up the national wild and scenic rivers system prohibited. Dredge mining in any form shall be prohibited on:

(1) The middle fork of the Clearwater river, from the town of Kooskia upstream to the town of Lowell; the Lochsa river from its junction with the Selway at Lowell forming the middle fork, upstream to the Powell ranger station; and the Selway river from Lowell upstream to its origin;

(2) The middle fork of the Salmon river, from its origin to its confluence with the main Salmon river;

(3) The St. Joe river, including tributaries, from its origin to its confluence with Coeur d'Alene lake, except for the St. Maries river and its tributaries.

History:

[47-1323, added 1970, ch. 244, sec. 1, p. 659; am. 1977, ch. 114, sec. 1, p. 246.]
Idaho Code § 47-321 — Idaho Code / Title 47 / Chapter 3 / Section 47-321
47-321 UNIT OPERATIONS.
Status: in_force

47-321. unit operations. (1) An agreement for the unit or cooperative development or operation of a field, pool, or part thereof may be submitted to the department for approval as being in the public interest or reasonably necessary to prevent waste or protect correlative rights. Such approval shall constitute a complete defense to any suit charging violation of any statute of the state relating to trusts and monopolies on account thereof or on account of operations conducted pursuant thereto. The failure to submit such an agreement to the department for approval shall not for that reason imply or constitute evidence that the agreement or operations conducted pursuant thereto are in violation of laws relating to trusts and monopolies.

(2) The department, upon its own determination or upon application of an owner, shall conduct a hearing to consider the need for unit operation of an entire pool or portion thereof to increase ultimate recovery of oil and gas from that pool or portion thereof. The department shall issue an order requiring unit operation if it finds that:

(a) Unit operation of the pool or portion thereof is reasonably necessary to prevent waste or to protect correlative rights;

(b) Unit operation of the pool or portion thereof is reasonably necessary for maintaining or restoring reservoir pressure or to implement cycling, water flooding, enhanced recovery, horizontal drilling, dewatering or a combination of these operations or other operations or objectives to be cooperatively pursued with the goal of increasing the ultimate recovery of oil and gas; and

(c) The estimated cost to conduct the unit operation will not exceed the value of the estimated recovery of additional oil and gas resulting from unit operation.

(3) An application for requesting an order providing for the operation as a unit of one (1) or more pools or parts thereof in a field shall contain:

(a) A plat map showing the proposed unit, the existing spacing units, and the well or wells within the units;

(b) The names and addresses of all persons owning mineral interests and working interests in the proposed unit;

(c) An affidavit that the applicant, by certified mail, notified all persons owning unleased mineral interests and working interests in the proposed unit at least sixty (60) days prior to filing the application with the department of the applicant's intention to make the application;

(d) A proposed plan of unit operations for the proposed unit that contains the information in subsection (5) of this section; and

(e) A proposed operating agreement that is consistent with the proposed plan of unit operations.

(4) An application for unit operations shall be subject to the procedures set forth in section 47-328, Idaho Code.

(5) An order for a unit operation must be upon just and reasonable terms and conditions and shall prescribe a plan for unit operations that includes all of the following:

(a) A description of the vertical and horizontal limits of the unit area;

(b) A statement of the nature of the operation contemplated;

(c) A provision for the supervision and conduct of the unit operation that designates an operator of the unit and provides a means to remove the operator and designate a successor operator;

(d) A provision to protect correlative rights, allocating to each separately owned tract in the unit area a just and equitable share of the production that is produced and saved from the unit area, other than production used or unavoidably lost in the conduct of the unit operation;

(e) A provision for credits and charges to adjust among working interest owners in the unit area for their interest in wells, tanks, pumps, machinery, materials and equipment that contribute to the unit operation;

(f) A provision establishing how the costs of unit operation, including capital investments and costs of terminating the unit operation, shall be determined and charged to each working interest owner or the interest of each owner, including a provision establishing how, when, and by whom the share of unit production allocated to an owner who does not pay the share of those costs charged to that owner or to the interest of that owner may be sold and the proceeds applied to the payment of that owner's share of those costs, and how accounts will be settled upon termination of the unit;

(g) A provision, if necessary, for carrying or otherwise financing an owner who elects to be carried or otherwise financed, which allows owners who carry or otherwise finance to recover up to three hundred percent (300%) of the unit costs attributed to an owner who elects to be carried or otherwise financed payable out of that owner's share of the production;

(h) A time when the unit operation is to commence and the manner in which, and the circumstances under which, the unit operation is to terminate and the unit is to be dissolved; and

(i) Additional provisions found to be appropriate to carry on the unit operation, to prevent waste, and to protect correlative rights.

(6) An order for a unit operation may provide for a unit operation of less than the whole of a pool as long as the unit area is of size and shape reasonably required for that purpose and the conduct thereof will have no significant adverse effect upon other portions of the pool.

(7) The department, upon its own determination or upon the application of an owner, may for good cause terminate a unit operation and dissolve the unit on just and equitable terms. If not terminated earlier, the unit operation shall be terminated upon final cessation of production from the pool or unitized portion thereof, the plugging and abandonment of unit wells and facilities, and reclamation of the surface.

(8) An order requiring a unit operation shall not become effective until: the plan for unit operations approved by the department has been signed and approved in writing by the owners who, under the department's order, will be required to pay at least sixty-seven percent (67%) of the costs of the unit operation; the plan has been signed and approved in writing by the working interest owners of at least sixty-seven percent (67%) of the production of the unit operations; and the department has made a finding in the order that the plan for unit operations has been so approved.

(9) An order providing for unit operation may be amended by an order of the department in the same manner and subject to the same conditions as an original order providing for the unit operation.

(10) The department may issue an order for the unit operation of a pool or pools or parts thereof that includes a unit created by a prior order of the department or by voluntary agreement. This subsequent order, in providing for the allocation of the unit's production, must treat first the unit area previously created as a single tract and then allocate, in the same proportions as those specified in the prior order, the portion of the new unit's production allocated to the previous unit among the separately owned tracts included in the previously created unit area.

(11) The department may approve additions to the unit of portions of a pool not previously included within the unit and may extend the unit area as reasonably necessary to prevent waste or to protect correlative rights. The department may approve exclusions from the unit area as reasonably necessary to prevent waste or to protect correlative rights. An order adding to or excluding from a unit area must be upon just and reasonable terms, which shall be determined by the application of the terms set forth in section 47-320(3), Idaho Code.

(a) An order that amends a plan of unit operations and adds an area to a previously established unit shall not become effective until: the amended plan of unit operations has been signed and approved in writing by the owners who will be required to pay at least sixty-seven percent (67%) of the costs of the unit operation in the area to be added; the amended plan has been signed and approved in writing by the working interest owners of at least sixty-seven percent (67%) of the production of the unit operations; and the department has made a finding in the order that the plan for unit operations has been so approved.

(b) An order providing for an exclusion from a unit area may not become effective until: an amended plan of unit operations excluding an area from the unit has been approved in writing by the owners in the original unit area who are required to pay at least sixty-seven percent (67%) of the costs of unit operations; the amended plan has been approved in writing by the working interest owners in the original unit area required to pay at least sixty-seven percent (67%) of the production of the unit operations; and the department has made a finding in the order that the plan for unit operations has been so approved.

(12) Operations, including the commencement, drilling or operation of a well upon a portion of a unit area, are deemed conducted on each separately owned tract in the unit area by the owner or owners thereof. That portion of a unit's production allocated to a separately owned tract in a unit area, when produced, is deemed produced from a well drilled on that tract. Operations conducted under an order of the department providing for a unit operation shall constitute fulfillment of expressed or implied obligations of a lease or contract covering lands within the unit area to the extent that compliance with those obligations is not possible without a further order of the department.

(13) That portion of unit production allocated to a tract and the proceeds of sale for that portion are deemed the property and income of the several persons to whom or to whose credit that portion is allocated or payable under the order providing for unit operation.

(14) A division order or other contract relating to a sale or purchase of production from a separately owned tract or combination of tracts remains in force and applies to oil and gas allocated to the tract until terminated in accordance with provisions of the order providing for unit operation or in accordance with the terms of such division order or other contract.

(15) Except to the extent that all affected parties agree, an order providing for unit operation does not result in a transfer of all or part of a person's title to the oil and gas rights in a tract in the unit area.

(16) Except to the extent that all affected parties agree, all property, whether real or personal, that may be acquired in the conduct of a unit operation hereunder is deemed acquired for the account of the owners within the unit area and is deemed the property of the owners in the proportion that the expenses of the unit operation are charged.

(17) The formation of a unit and the operation of the unit under an order of the department shall not be in violation of any statute of this state relating to trusts, monopolies, contracts or combinations in the restraint of trade.

History:

[(47-321) 47-323, added 1963, ch. 148, sec. 9, p. 433; am. 2015, ch. 66, sec. 1, p. 176; am. 2016, ch. 48, sec. 6, p. 137; am. and redesig. 2017, ch. 271, sec. 14, p. 693; am. 2023, ch. 283, sec. 8, p. 858.]
Idaho Code § 47-1608 — Idaho Code / Title 47 / Chapter 16 / Section 47-1608
47-1608 BONDING.
Status: in_force

47-1608. bonding. The board shall require the execution of good and sufficient bonds in amounts the board determines reasonable for reclamation and all damages to the land surface and improvements thereon, whether or not the lands have been sold or leased for any other purpose. These bonds shall not duplicate bonds for well closure held by the Idaho department of water resources.

History:

[47-1608, added 1972, ch. 182, sec. 1, p. 467; am. 1993, ch. 289, sec. 1, p. 1081; am. 2011, ch. 64, sec. 1, p. 138.]
Idaho Code § 47-1603 — Idaho Code / Title 47 / Chapter 16 / Section 47-1603
47-1603 RULES AND REGULATIONS.
Status: in_force

47-1603. Rules and regulations. The state board of land commissioners is hereby authorized and empowered to adopt such rules and regulations governing the issuance of geothermal resource leases and governing the conduct of any operations thereunder.

History:

[47-1603, added 1972, ch. 182, sec. 1, p. 467.]
Idaho Code § 47-710 — Idaho Code / Title 47 / Chapter 7 / Section 47-710
47-710 FORMS, RENTALS, ROYALTIES, AND FEES.
Status: in_force

47-710. Forms, rentals, royalties, and fees. The board shall by rules and regulations prescribe the form of application, the form of lease, the amount of filing and recording fees, the annual rental, the amount of royalty, the basis upon which the royalty shall be computed, and such other details as it may deem necessary in the interest of the state, except as otherwise provided in this chapter.

History:

[(47-710) 1923, ch. 96, sec. 12, p. 115; I.C.A., sec. 46-712.]
Idaho Code § 47-811 — Idaho Code / Title 47 / Chapter 8 / Section 47-811
47-811 COOPERATIVE DEVELOPMENT OF OIL AND GAS LANDS.
Status: in_force

47-811. Cooperative development of oil and gas lands. The state board of land commissioners is authorized to join on behalf of the state of Idaho in cooperative or unit plans of development or operation on oil and gas pools with the United States government and its lessees or permittees and with others in such form as may be acceptable to it to modify or amend the same from time to time as in its judgment it may deem advisable, to consent to and approve the designated participating area and any extension or contraction thereof and to do all acts and things which it considers necessary or advisable to make operative such unit plan or plans; and for such purposes the board is hereby authorized with the consent of its lessees to modify and change any and all terms of leases issued by it to facilitate the efficient and economical production of oil or gas from the lands under its jurisdiction; provided, however, that said board shall not use or contract to use funds under its control for the purpose of drilling or otherwise paying the cost of development of oil and gas.

History:

[47-811, added 1949, ch. 128, sec. 7, p. 226.]
Idaho Code § 47-327 — Idaho Code / Title 47 / Chapter 3 / Section 47-327
47-327 CONFIDENTIALITY OF WELL AND TRADE INFORMATION.
Status: in_force

47-327. confidentiality of well and trade information. (1) Information that shall be held confidential from the public includes logs of a well granted confidential well status pursuant to subsection (2) of this section, electrical or radioactivity logs, electromagnetic or magnetic surveys, core descriptions and analyses, and geophysically or geologically derived subsurface maps. Seismic data shall remain confidential from all parties at the discretion of the operator due to the nature of purchasing and licensing such data.

(2) An operator may request confidential well status at the time of filing an application for a permit to drill. The information in the application form itself will not be confidential.

(a) Confidential status shall be granted and shall include all pertinent data and information relating to drilling completion and testing the well. Such information shall be kept confidential from the public for a period of one hundred eighty (180) days after completion of the well.

(b) Well test results shall be kept confidential from the public for a period of one hundred eighty (180) days after completion of the test.

(c) No extensions shall be allowed beyond the one hundred eighty (180) day confidentiality period.

(3) An operator may request that well logs for a well with confidential well status be held confidential.

(a) To obtain confidential treatment of a well log, the operator of the well shall place the log in an envelope, noting log readings and marked "confidential."

(b) An operator may request, and the department may grant, an additional six (6) months of confidentiality for well logs.

(c) Confidential status for a well log shall terminate six (6) months after the run date on the log or, in the case of an extension, twelve (12) months after the run date on the log. Confidential status for a well log shall not continue for a period in excess of twelve (12) months after the run date on the log.

(4) The state tax commission, the oil and gas conservation commission, the Idaho geological survey and other state agencies shall share oil and gas records when necessary for those agencies to carry out their duties assigned by law, regardless of whether the records are held confidential from the public under this section. This sharing of records shall not render the shared records subject to disclosure to the public under the public records act.

(5) All state agencies, state employees, contract personnel, temporary personnel and their agents or affiliates shall be governed by the confidentiality provisions of this section and shall be subject to sections 74-117 and 74-118, Idaho Code, should any information or records protected under statute be disclosed.

History:

[47-327, added 2017, ch. 271, sec. 20, p. 698; am. 2023, ch. 283, sec. 11, p. 862.]
Idaho Code § 47-1318 — Idaho Code / Title 47 / Chapter 13 / Section 47-1318
47-1318 TERMINATION OF PERMITS — HEARING.
Status: in_force

47-1318. Termination of permits — Hearing. Without in any manner affecting the penal and injunctive provisions of this act the Idaho state board of land commissioners is empowered to commence proceedings to terminate any permit to conduct dredge or other placer mining operations issued hereunder for any violation of the terms of this act, after having issued and served upon the permittee alleged to be committing such violation, a formal complaint which shall specify the provisions of this act which the permittee allegedly is violating, and a statement of the manner in and the extent to which said permittee is alleged to be violating the provisions of this act. Such notice may be served by certified mail, and return receipt signed by the permittee or his agent shall constitute service and time thereof of such notice. The permittee shall answer the complaint and request a hearing before a designated hearing officer within thirty (30) days from receipt of the complaint if matters asserted in the complaint are disputed. If the permittee fails to answer the complaint and to request a hearing, the matters asserted in the complaint shall be deemed admitted by the permittee, and the board may proceed to terminate the permit and forfeit the bond in an amount necessary to pay all costs and expense of restoring the lands and beds of streams damaged by dredge or other placer mining of the defaulting permittee. Upon request for a hearing by a permittee, the board shall schedule a hearing not less than thirty (30) days after the date the permittee requests a hearing. The provisions of chapter 52, title 67, Idaho Code, shall govern proceedings instituted pursuant to this section. The board may designate one (1) of its members, or a hearing officer or officers to conduct any hearings and enter recommended or preliminary orders, as determined by the board, on issues involving the administration of this act.

Upon entry of a final order terminating a permit or forfeiting a bond, the board shall assess the costs of the hearing against the defaulting permittee.

History:

[47-1318, added 1955, Init. Meas., sec. 7; am. 1969, ch. 281, sec. 7, p. 845; am. 1986, ch. 82, sec. 1, p. 242; am. 1988, ch. 72, sec. 1, p. 102; am. 1993, ch. 216, sec. 44, p. 627.]
Idaho Code § 47-332 — Idaho Code / Title 47 / Chapter 3 / Section 47-332
47-332 REPORTS TO ROYALTY OWNERS.
Status: in_force

47-332. reports to royalty owners. (1) Each royalty payment shall be accompanied by an oil and gas royalty check stub that includes the following information:

(a) Lease or well identification;

(b) Month and year of sales included in the payment;

(c) Total volumes of oil, condensate, natural gas liquids or other liquids sold in barrels or gallons, and gas in MCF;

(d) Price per barrel, gallon, or MCF, including British thermal unit adjustment of gas sold;

(e) Severance taxes attributable to said interest;

(f) Net value of total sales attributed to such payment after deduction of severance taxes;

(g) Owner's interest in the well, expressed as a decimal to eight (8) places;

(h) Royalty owner's share of the total value of sales attributed to the payment before any deductions;

(i) Royalty owner's share of the sales value attributed to the payment, less the owner's share of the severance taxes;

(j) An itemized list of any other deductions; and

(k) An address at which additional information pertaining to the royalty owner's interest in production may be obtained and questions may be answered. If information is requested by certified mail, an answer must be mailed by certified mail within thirty (30) days of receipt of the request.

(2) All revenue decimals shall be calculated to at least eight (8) decimal places.

(3) All oil and gas volumes shall be measured by certified and proved meters.

(4) The lessee must maintain, for a period of five (5) years, and make available to the lessor upon request, copies of all documents, records or reports confirming the gross production, disposition and market value including gas meter readings, pipeline receipts, gas line receipts and other checks or memoranda of the amount produced and put into pipelines, tanks, or pools and gas lines or gas storage, and any other reports or records that the lessor may require to verify the gross production, disposition and market value.

History:

[47-332, added 2017, ch. 271, sec. 25, p. 705.]
Idaho Code § 47-802 — Idaho Code / Title 47 / Chapter 8 / Section 47-802
47-802 RULES AND REGULATIONS GOVERNING LEASES AND MINING OPERATIONS.
Status: in_force

47-802. Rules and regulations governing leases and mining operations. State board of land commissioners is hereby authorized and empowered to make and establish rules and regulations governing the issuance of oil and gas leases under the provisions of this act and covering the conduct of development and mining operations to be carried on thereunder.

History:

[47-802, added 1937, ch. 130, sec. 2, p. 200.]
Idaho Code § 47-1324 — Idaho Code / Title 47 / Chapter 13 / Section 47-1324
47-1324 ENFORCEMENT AND PENALTIES FOR VIOLATION.
Status: in_force

47-1324. Enforcement and penalties for violation. (a) The board may maintain an action in the name of the state of Idaho to enjoin any person from operating or maintaining a placer or dredge mining operation without holding a valid permit or bond as provided in this act or regulations promulgated thereto. The court, or a judge thereof at chambers, if satisfied from a complaint or by affidavits that the alleged acts have been or are being committed, may issue a temporary restraining order, without notice or bond, enjoining the defendant, his agents and employees, from operating or maintaining such placer or dredge mining operation without obtaining a permit and bond as provided in this act or regulations promulgated thereto. No showing of injury shall be required other than that this act is being violated by the operation or maintenance of a placer or dredge mining operation without the approved permit and bond. Upon a showing of good cause therefor, the court may require the defendant to undertake mitigation or restoration of the disturbed area in conformity with section 47-1314, Idaho Code, pending final disposition of the action. The action shall proceed as in other cases for injunctions. If at the trial the operation and maintenance of a placer or dredge mining operation without a permit or bond be established, and the court further finds that it is probable that the defendant will continue therein or in similar violations, the court shall enter a decree perpetually enjoining said defendant, his agents and employees from thereafter committing said or similar actions in violation of this act.

(b) The board may maintain an action in the name of the state of Idaho to enjoin any person from operating or maintaining a placer or dredge mining operation when, under an existing approved permit and bond, a permittee violates or exceeds the terms of the permit or violates a provision of this act, and the bond, if forfeited, would not be sufficient to adequately restore the land.

(c) In addition to the injunctive provisions above, the board may maintain a civil action against any person who violates any provision of this act to collect civil damages in an amount sufficient to pay for all the damages to the state caused by such violation, including but not limited to, costs of restoration in accordance with section 47-1314, Idaho Code, where a person is conducting placer or dredge mining without an approved permit or bond.

(d) Notwithstanding any other provisions of this act, any person who violates any of the provisions of this act or regulations promulgated thereto, or who violates any determination or order promulgated pursuant to the provisions of this act, shall be liable for a civil penalty of not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) for each day during which such violation continues. Such penalty shall be recoverable in an action brought in the name of the state of Idaho by the attorney general. All sums recovered shall be placed in the state treasury and credited to the dredge and placer mining account, to be administered by the board for the restoration of lands and watercourses damaged by placer or dredge mining operations.

(e) No administrative action or decision by the director or board shall be required prior to enforcement of any of the above remedies, provided that no permit shall be terminated and no bond shall be forfeited without administrative action as provided under sections 47-1318 and 47-1319, Idaho Code. No administrative action or decision by the Idaho board of health and welfare shall be required prior to enforcement of any of the above remedies by the state of Idaho against any person violating section 47-1315, Idaho Code.

(f) Any person who wilfully or knowingly falsifies any records, plans, specifications, or other information required by the board or wilfully fails, neglects, or refuses to comply with any provisions of this act shall be guilty of a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) or imprisonment not to exceed one (1) year, or both.

(g) All civil actions provided for in this section shall be filed in the district court of this state for the county wherein the violation, or some part thereof, occurs, or in the district court for the county wherein the defendant resides or has a principal place of business, or in the district court for the county of Ada if the defendant resides out-of-state, or in the appropriate court of the United States where the rules and statutes governing such courts permit.

History:

[47-1324, added 1971, ch. 208, sec. 1, p. 917; am. 1984, ch. 102, sec. 8, p. 239; am. 1988, ch. 72, sec. 3, p. 104.]
Idaho Code § 47-1316 — Idaho Code / Title 47 / Chapter 13 / Section 47-1316
47-1316 ADMINISTRATIVE AGENCY.
Status: in_force

47-1316. Administrative agency. The Idaho state board of land commissioners is hereby designated the administrative agency of this act and shall have the power and duty to adopt rules and regulations for its administration in accordance with the intent and purposes thereof, and to employ personnel necessary to effectually carry out this law. Such board may make such inquiries and investigations and conduct such hearings as the board shall deem advisable or necessary.

History:

[47-1316, added 1955, Init. Meas., sec. 5; am. 1969, ch. 281, sec. 5, p. 845.]
Idaho Code § 47-1518 — Idaho Code / Title 47 / Chapter 15 / Section 47-1518
47-1518 EFFECTIVE DATE — APPLICATION OF CHAPTER.
Status: in_force

47-1518. Effective date — Application of chapter. (a) The reclamation provisions of this chapter shall be in full force and effect on and after May 31, 1971. A surface mine operator shall not be required to perform the reclamation activities referred to in this chapter as to any surface mining operations performed prior to May 31, 1972, and, further, shall not be required to perform such reclamation activities as to any pit or overburden pile as it exists prior to May 31, 1972.

(b) The cyanidation provisions of this chapter shall be in full force and effect on and after July 1, 2005. A cyanidation facility with an existing permit approved by the department of environmental quality under section 39-118A, Idaho Code, as of July 1, 2005, shall be deemed to be in full compliance with the requirements of this chapter. If there is a material modification or a material expansion of a cyanidation facility after July 1, 2005, the provisions of this chapter shall apply to the modification or expansion. Provided however, that reclamation or closure-related activities at a facility with an existing cyanidation permit that did not actively add cyanide after January 1, 2005, shall not be considered to be material modifications or a material expansion of the facility.

(c) An underground mine operator shall not be subject to this chapter for affected land disturbed by underground mine operations prior to July 1, 2019. If there is a significant change to affected land at an underground mining operation after July 1, 2019, the provisions of this chapter shall apply to the significant change.

(d) The financial assurance and post-closure provisions of this chapter amended in 2019 shall be in force and effect on or after July 1, 2019. Provided that the financial assurance and post-closure provisions of this chapter amended in 2019 shall not apply to:

(1) Mining operations currently permitted or authorized to commence operations prior to July 1, 2019; or

(2) Any mining operation that has permanently ceased operations prior to July 1, 2019.

(e) For mining operations that have submitted maps and plans to state or federal agencies as required by section 47-1506, Idaho Code, but such operations have not been approved prior to July 1, 2019, such operations shall have one (1) year after operation approval to submit plans and financial assurance required by the financial assurance and post-closure provisions of this chapter as amended in 2019.

(f) The board shall promulgate temporary rules by August 1, 2019, to implement the 2019 amendments to this chapter.

History:

[47-1518, added 1971, ch. 206, sec. 19, p. 898; am. 2005, ch. 167, sec. 14, p. 526; am. 2019, ch. 226, sec. 16, p. 710.]
Idaho Code § 47-812 — Idaho Code / Title 47 / Chapter 8 / Section 47-812
47-812 APPLICATION OF SECTION 47-707 LIMITED.
Status: in_force

47-812. Application of section 47-707 limited. Section 47-707 shall not be construed to apply to oil and gas leases issued under the authority of section 47-801.

History:

[47-812, added 1949, ch. 128, sec. 8, p. 226.]
Idaho Code § 47-1703 — Idaho Code / Title 47 / Chapter 17 / Section 47-1703
47-1703 FUNDING.
Status: in_force

47-1703. Funding. (1) This chapter shall govern the use of state and federal moneys specifically appropriated for abandoned mine reclamation. This chapter shall not require the state to expend or appropriate state moneys. The board may receive federal funds, state funds, and any other funds, including voluntary contributions, and, within the limits imposed by a specific grant, expend them as directed by this chapter. All grants, funds, fees, fines, penalties, and other uncleared money that has been or will be paid to the state for abandoned mine reclamation shall be placed in the state treasury and credited to the abandoned mine reclamation fund, which is hereby created. This fund shall be available to the board, by legislative appropriation, and shall be expended for the reclamation of lands affected by eligible mining operations.

(2) At least ninety percent (90%) of all reclamation funds expended annually shall be spent on expenses directly incurred for eligible mine site engineering and on-site restoration plan implementation and on compensation for services paid pursuant to section 47-1709, Idaho Code.

(3) Voluntary contributions shall be designated for eligible mine restoration and:

(a) Shall be considered as mitigation to meet or partially meet environmental mitigation requirements set by state agencies for constructing, expanding, or operating a mine; and

(b) May be considered as mitigation to meet or partially meet environmental mitigation requirements set by federal agencies for constructing, expanding, or operating a mine.

History:

[47-1703, added 1994, ch. 220, sec. 1, p. 703; am. 1999, ch. 44, sec. 5, p. 106; am. 2006, ch. 37, sec. 2, p. 104; am. 2025, ch. 79, sec. 2, p. 357.]
Idaho Code § 47-1001 — Idaho Code / Title 47 / Chapter 10 / Section 47-1001
47-1001 RIGHT TO CROSS LOCATED CLAIM.
Status: in_force

47-1001. Right to cross located claim. Any person or company who has or who may hereafter have a tunnel or crosscut, the mouth of which is located upon his own ground or upon ground in his lawful occupation, shall have the right to drive and continue the same through and across any located or patented claim in front of the mouth of the tunnel, but not to follow or drive upon any vein belonging to the owner of such claim.

History:

[(47-1001) 1899, p. 442, sec. 1; reen. R.C. & C.L., sec. 3236; C.S., sec. 5550; I.C.A., sec. 46-901.]
Idaho Code § 47-1202 — Idaho Code / Title 47 / Chapter 12 / Section 47-1202
47-1202 NET VALUE OF ORE TO BE USED AS MEASURE OF TAX — HOW DETERMINED.
Status: in_force

47-1202. Net value of ore to be used as measure of tax — How determined. For the purpose of measuring and determining the amount of tax to be paid under the provisions of section 47-1201, Idaho Code, the royalties as defined in subsection (b) of section 47-1201, Idaho Code, or the net value of ore mined shall be computed under one (1) of the following methods at the election of the taxpayer. Such election, once made, shall be binding for all succeeding years unless the taxpayer secures permission from the state tax commission to change to another method:

(a) Ores mined within the state shall be valued by deducting from the gross value of the ore, all costs of mining and processing such ore, using the formula prescribed in section 613 of the Internal Revenue Code and Treasury Regulation 1.613-5 for computation of the net income from mining for depletion purposes, less the deduction of depletion as computed under section 613 of the Internal Revenue Code and Treasury Regulation 1.613-5; or

(b) Ores mined within the state shall be valued using the gross value determined by the U.S. Department of the Interior for computation of the value of minerals on public lands for federal royalty purposes, less the following deductions:

(1) all costs of mining and transporting such ore to the point at which the value for federal royalty purposes is determined by measurement of the quantity of ore mined; these costs to include only those directly incurred in and attributable to the actual mining and transportation operation in the state of Idaho, and

(2) the applicable portion of the federal deduction for depletion, allocated on the ratio of the gross value of the ore used for this computation, to the gross value of the ore used in the federal depletion computation.

History:

[47-1202, added 1935 (1st E.S.), ch. 65, sec. 2, p. 182; am. 1941, ch. 106, sec. 2, p. 188; am. 1972, ch. 99, sec. 2, p. 209; am. 1973, ch. 43, sec. 1, p. 78; am. 1977, ch. 93, sec. 2, p. 190; am. 1996, ch. 381, sec. 1, p. 1294.]
Idaho Code § 47-1204 — Idaho Code / Title 47 / Chapter 12 / Section 47-1204
47-1204 STATEMENT AS TO ENTIRE GROUP.
Status: in_force

47-1204. Statement as to entire group. Where the same person or persons are operating or leasing to another two (2) or more mines or mining claims under one (1) general system of mining or development, a duplicate copy of the statement herein provided, and the tax herein levied, shall be made as to such entire group and need not be made as to each particular mining claim constituting said group, as provided by section 63-2804.

History:

[47-1204, added 1935 (1st E.S.), ch. 65, sec. 4, p. 182; am. 1972, ch. 99, sec. 4, p. 209.]
Idaho Code § 47-809 — Idaho Code / Title 47 / Chapter 8 / Section 47-809
47-809 CANCELLATION OF OIL AND GAS LEASES FOR NONCOMPLIANCE WITH CONDITIONS — PROCEDURE — TERMINATION OF LEASE BY LESSEE.
Status: in_force

47-809. Cancellation of oil and gas leases for noncompliance with conditions — Procedure — Termination of lease by lessee. (a) The state board of land commissioners shall reserve and may exercise the authority to cancel any oil and gas lease upon failure by the lessee to exercise due diligence and care in the prosecution of his operations in accordance with the terms and conditions stated in said lease and with all laws of the state of Idaho, and shall insert in every such lease appropriate provisions for its cancellation by the board in the event of noncompliance upon the part of the lessee; provided, however, that except in the instance of nonpayment of rentals or royalties, no such lease shall be cancelled by the board other than for a substantial violation of the terms thereof and unless it shall notify the lessee in writing of the existence and exact nature of the cause of cancellation and unless the lessee thereafter, and within ninety (90) days from the mailing of such notice by registered mail, shall fail to remedy such cause for cancellation; and provided further that no default by the lessee in the performance of any of the conditions or provisions of such lease as to any well or wells on any legal subdivision of the land covered by such lease shall affect the right of the lessee to continue the lessee's possession or operation of any other well or wells, situated upon any other legal subdivision of said land. The term "legal subdivision" as herein used shall mean a subdivision as established by the United States Land Survey which most nearly approximates in size the area allocated to one well under any approved well spacing program; provided that if no special program has been approved, said term "legal subdivision" shall mean the parcel upon which such well shall be located, but in any event not less than forty (40) acres surrounding such well.

(b) The lessee of any such oil and gas lease may surrender and terminate the lease as to all or any part of the lands covered by the same upon payment of the rentals then accrued and upon giving notice in writing, not less than thirty (30) days prior to such surrender or termination, to the state board of land commissioners and thereupon lessee shall be relieved from liability for rental and all other obligations as to the acreage so surrendered; provided, however, that such surrender shall not thereby relieve the lessee of any liabilities which may have accrued in connection with the lease prior to the surrender of such acreage. In the event of a partial surrender of the lands covered by such lease, the annual rental thereafter payable shall be reduced proportionately.

History:

[47-809, added 1937, ch. 130, sec. 9, p. 200; am. 1949, ch. 128, sec. 6, p. 226.]
Idaho Code § 47-1004 — Idaho Code / Title 47 / Chapter 10 / Section 47-1004
47-1004 BURDEN OF PROOF AS TO DISCOVERED VEIN.
Status: in_force

47-1004. Burden of proof as to discovered vein. In all actions between the tunnel owner and others involving the right to any vein discovered in such tunnel, the burden of proving that the vein so discovered is not the property of the adverse claimant in such action shall be on the tunnel owner.

History:

[(47-1004) 1899, p. 442, sec. 4; reen. R.C. & C.L., sec. 3239; C.S., sec. 5553; I.C.A., sec. 46-904.]
Idaho Code § 47-1401 — Idaho Code / Title 47 / Chapter 14 / Section 47-1401
47-1401 LEASE FOR EXPLORATION AND DEVELOPMENT AUTHORIZED.
Status: in_force

47-1401. Lease for exploration and development authorized. The governing body of any county, city, town, village, school district or other municipal corporation or political subdivision of the state of Idaho authorized to acquire and hold real property may, upon determining that such action will be in the best interest of such county, city, town, village, school district or other municipal corporation or political subdivision of the state of Idaho, lease, or enter into a community lease with respect to, any mineral interest owned by such county, city, town, village, school district or other municipal corporation or political subdivision of the state of Idaho, for the exploration for and development and production of oil, gas or other hydrocarbons, and otherwise contract for such exploration, development and production, upon such terms as such governing body may determine and as are not inconsistent with the provisions of this act.

History:

[47-1401, added 1961, ch. 100, sec. 1, p. 149.]
Idaho Code § 47-1511 — Idaho Code / Title 47 / Chapter 15 / Section 47-1511
47-1511 RECLAMATION ACTIVITIES — TIME LIMITATIONS.
Status: in_force

47-1511. Reclamation activities — Time limitations. (a) All reclamation activities required to be conducted under this act shall be performed in a good and workmanlike manner, with all reasonable diligence, and as to a given exploration drill hole, road or trench, within one (1) year after abandonment thereof.

(b) The reclamation activity as to a given mine panel shall be commenced within one (1) year after mining operations have permanently ceased as to such mine panel, provided, however, that in the event that during the course of mining operations on a given mine panel, the operator permanently ceases disposing of overburden on a given overburden pile, or permanently ceases removing minerals from a given pit, or permanently ceases using a given road or other affected land, then the reclamation activities to be conducted hereunder as to such pit, road, overburden pile, or other affected land shall be commenced within one (1) year after such termination, despite the fact that all operations as to the mine panel, which includes such pit, road, overburden pile, or other affected land, have not permanently ceased. It shall be presumed that the operator has permanently ceased mining operations as to a given affected land if no substantial amount of overburden has been placed on the overburden pile in question or if no minerals have been removed from the pit in question, as the case may be, for a period of three (3) years.

This presumption may be rebutted by evidencing, in writing, to the board what mining operations the operator has planned on the pit, road, overburden pile, or other affected land not used within a three (3) year period. Should the board determine that the operator, in good faith, intends to continue the mining operation within a reasonable period of time, it shall, in writing, so notify the operator. Should the board determine that the operation will not be continued within a reasonable period of time, the board shall proceed as though the mining operation has been abandoned.

History:

[47-1511, added 1971, ch. 206, sec. 11, p. 898; am. 2019, ch. 226, sec. 11, p. 703.]
Idaho Code § 47-702 — Idaho Code / Title 47 / Chapter 7 / Section 47-702
47-702 RIGHT OF EXPLORATION AND WITHDRAWAL.
Status: in_force

47-702. Right of exploration and withdrawal. (1) All lands belonging to the state of Idaho in which the mineral deposits, excepting oil and gas and geothermal resources, are owned by the state, and which have not been located, leased, or withdrawn in accordance with the terms of this chapter, are hereby declared to be free and open to casual exploration.

(2) The board of land commissioners is authorized in its discretion to withdraw from entry and exploration specifically described tracts of state lands under its control and jurisdiction, or state lands under the control and jurisdiction of other state agencies. Within thirty (30) days of the decision for such withdrawal the board of land commissioners shall publish a notice in a newspaper of general circulation in the county or counties in which such lands are situated providing the legal description of the lands withdrawn. Concerned citizens shall have thirty (30) days from the date of publication to request an appeal of such withdrawal to the board of land commissioners.

History:

[(47-702) 1923, ch. 96, sec. 2, p. 115; I.C.A., sec. 46-702; am. 1981, ch. 325, sec. 2, p. 677; am. 1986, ch. 131, sec. 1, p. 338.]
Idaho Code § 47-1402 — Idaho Code / Title 47 / Chapter 14 / Section 47-1402
47-1402 COOPERATIVE OR UNIT DEVELOPMENT.
Status: in_force

47-1402. Cooperative or unit development. Any such governing body may, by such lease or contract, or by other agreement, include, or provide for the inclusion of, any such interest with other interests in any plan or agreement for cooperative or unit development or operation for oil, gas or other hydrocarbons, and modify and change any and all terms of any such lease or contract heretofore entered into or hereafter entered into under the provisions of this act, including the extension of the terms of any such lease or contract for the full period of time such cooperative or unit plan or agreement may remain in effect, as required to conform the terms of any such lease or contract to such cooperative or unit plan or agreement.

History:

[47-1402, added 1961, ch. 100, sec. 2, p. 149.]
Idaho Code § 47-604 — Idaho Code / Title 47 / Chapter 6 / Section 47-604
47-604 NOTICE MUST BE RECORDED.
Status: in_force

47-604. Notice must be recorded. Within ninety (90) days after the location of the claim the locator or his assigns must file for record in the office of the county recorder of the county in which the claim is situated, a copy of his notice of location. Failure to file notice of location for record within ninety (90) days after location of the claim shall constitute an abandonment of the claim.

History:

[(47-604) 1895, p. 25, sec. 4; reen. 1899, p. 237, sec. 4; reen. R.C., sec. 3209; C.L., sec. 3209; C.S., sec. 5523; I.C.A., sec. 46-604; am. 1970, ch. 92, sec. 7, p. 92.]
Idaho Code § 47-1205 — Idaho Code / Title 47 / Chapter 12 / Section 47-1205
47-1205 DEFINITION OF VALUABLE MINERAL.
Status: in_force

47-1205. Definition of valuable mineral. The term "valuable mineral" for purposes of this act, shall be deemed to include not only gold, silver, copper, lead, zinc, coal, phosphate and limestone, but also any other substance not gaseous or liquid in its natural state, which makes real property more valuable by reason of its presence thereon or thereunder and upon which depletion is allowable pursuant to section 613 of the Internal Revenue Code, provided, however, that sand and gravel are not included in this definition.

History:

[47-1205, added 1977, ch. 93, sec. 4, p. 192.]
Idaho Code § 47-907 — Idaho Code / Title 47 / Chapter 9 / Section 47-907
47-907 SETTING ASIDE REPORT.
Status: in_force

47-907. Setting aside report. For good cause shown, the judge may set aside the report of such commissioners and appoint three (3) other commissioners whose duty shall be the same as above mentioned.

History:

[(47-907) 1876, p. 70, sec. 7; R.S., sec. 3136; reen. R.C. & C.L., sec. 3229; C.S., sec. 5543; I.C.A., sec. 46-807.]
Idaho Code § 47-326 — Idaho Code / Title 47 / Chapter 3 / Section 47-326
47-326 PUBLIC DATA.
Status: in_force

47-326. public data. (1) Subject only to any applicable provisions of section 47-327, Idaho Code, the following data is public information that shall not be considered trade secret information under chapter 8, title 48, Idaho Code, nor be exempt from public records disclosure under chapter 1, title 74, Idaho Code. Except as provided in section 47-327, Idaho Code, the department shall, upon receipt of the information, make publicly available all data under this section on its website without requiring any person to submit a public records request:

(a) All reports required under section 47-324(1) through (5), Idaho Code;

(b) All well survey location plats; and

(c) All state-required permits, except seismic data.

(2) The department shall provide complete internet access to all documents in subsection (1) of this section, not granted confidential status, on its website.

(3) A claim to exempt data from disclosure shall be supported and accompanied by a specific citation to the law authorizing an exemption from disclosure and an explanation of how the data meets the standards for being withheld from disclosure. When a portion of a record or a portion of a page in that record is subject to disclosure and the other portion is subject to a claim that it is exempt from disclosure under this chapter or chapter 1, title 74, Idaho Code, the person making the claim must clearly identify the portion claimed as exempt and the portion not claimed as exempt from disclosure at the time of submittal.

History:

[47-326, added 2017, ch. 271, sec. 19, p. 698; am. 2023, ch. 283, sec. 10, p. 862.]
Idaho Code § 47-614 — Idaho Code / Title 47 / Chapter 6 / Section 47-614
47-614 DEFINITIONS.
Status: in_force

47-614. Definitions. As used in section 47-613:

(1) the term "geological surveys" means surveys on the ground for mineral deposits by the proper application of the principles and techniques of the science of geology as they relate to the search for and discovery of mineral deposits;

(2) the term "geochemical surveys" means surveys on the ground for mineral deposits by the proper application of the principles and techniques of the science of chemistry as they relate to the search for and discovery of mineral deposits;

(3) the term "geophysical surveys" means surveys on the ground for mineral deposits through the employment of generally recognized equipment and methods measuring physical differences between rock types or discontinuities in geological formations;

(4) the term "qualified expert" means an individual qualified by education or experience to conduct geological, geochemical, or geophysical surveys.

History:

[47-614, added 1970, ch. 92, sec. 19, p. 227.]
Idaho Code § 47-1705 — Idaho Code / Title 47 / Chapter 17 / Section 47-1705
47-1705 RESPONSIBILITY OF STATE BOARD OF LAND COMMISSIONERS.
Status: in_force

47-1705. Responsibility of state board of land commissioners. The state board of land commissioners is charged with the responsibility of administering this act in accordance with the purpose of the act and the intent of the legislature. The director of the department of lands shall, upon authorization of the board, exercise the powers and discharge the duties vested in the board by this act.

History:

[47-1705, added 1994, ch. 220, sec. 1, p. 704.]
Idaho Code § 47-701A — Idaho Code / Title 47 / Chapter 7 / Section 47-701A
47-701A DEFINITION.
Status: in_force

47-701A. Definition. As used in section 47-701, Idaho Code, the term "salable minerals," means a mineral substance that can be taken from the earth and that has a value in and of itself separate and apart from the earth and includes, but is not limited to, building stone, cinders, pumice, scoria, clay, diatomaceous earth, sand, gravel, quartz, limestone and marble.

History:

[47-701A, added 1986, ch. 81, sec. 2, p. 239.]
Idaho Code § 47-712 — Idaho Code / Title 47 / Chapter 7 / Section 47-712
47-712 APPLICATIONS TO PURCHASE — CERTIFICATES OF PURCHASE.
Status: in_force

47-712. Applications to purchase — Certificates of purchase. All applications to purchase those state lands that have not been identified as having the potential highest and best use for development purposes, such as residential, commercial or industrial purposes approved subsequent to the passage of this chapter shall be subject to a reservation to the state of all mineral deposits in said land. The state or persons authorized by it to prospect for, mine and remove the same as provided by law; and certificates of purchase issued by the state shall contain such reservation.

History:

[(47-712) 1923, ch. 96, sec. 14, p. 115; am. 1925, ch. 220, sec. 7, p. 404; I.C.A., sec. 46-714; am. 2004, ch. 13, sec. 3, p. 11.]
Idaho Code § 47-325 — Idaho Code / Title 47 / Chapter 3 / Section 47-325
47-325 FALSIFICATION OF RECORDS — LIMITATION OF ACTIONS.
Status: in_force

47-325. Falsification of records — Limitation of actions. (1) Any person who, for the purpose of evading this act or any rule, regulation or order of the commission shall make or cause to be made any false entry in any report, record, account, or memorandum required by this act, or by any such rule, regulation or order, or shall omit, or cause to be omitted, from any such report, record, account, or memorandum, full, true and correct entries as required by this act, or by any such rule, regulation or order, or shall remove from this state or destroy, mutilate, alter or falsify any such record, account, or memorandum, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than five thousand dollars ($5,000) or imprisonment for a term not exceeding twelve (12) months, or to both such fine and imprisonment.

(2) No suit, action or other proceeding based upon a violation of this act or any rule, regulation or order of the commission hereunder shall be commenced or maintained unless same shall have been commenced within one (1) year from date of the alleged violation. Provided however, the provisions of this subsection shall not apply to actions governed by the provisions of chapter 52, title 67, Idaho Code.

History:

[(47-325) 47-326, added 1963, ch. 148, sec. 12, p. 433; am. 2012, ch. 73, sec. 4, p. 214; am. and redesig. 2017, ch. 271, sec. 18, p. 697.]
Idaho Code § 47-711 — Idaho Code / Title 47 / Chapter 7 / Section 47-711
47-711 SALE OF STATE LANDS CONTAINING MINERAL DEPOSITS.
Status: in_force

47-711. Sale of state lands containing mineral deposits. (1) Lands in which minerals are contained and the surface of which has a value for other purposes may be sold as a single estate under the provisions of chapter 3, title 58, Idaho Code, relating to the sale of state lands, when the state land is identified as having the potential highest and best use for development purposes, such as residential, commercial or industrial purposes.

(2) For lands in which the surface estate previously has been sold with a reservation of the mineral estate, for which there is no lease of such mineral estate to any person other than the owner of the surface estate, and for which the potential highest and best use is for development purposes such as residential, commercial or industrial purposes, the mineral estate may be sold for its appraised value under the provisions of chapter 3, title 58, Idaho Code. The purchaser of a mineral estate who is not the owner of the surface estate shall have the same rights and liabilities with regard to the surface estate as identified in section 47-708, Idaho Code.

(3) In the sale of the surface estate of all other state land, there shall be reserved to the state all mineral deposits and the right of the purchaser shall be subject to the conditions and limitations prescribed by law providing for the state or persons authorized by it to prospect for, mine and remove such deposits and to occupy and use so much of the surface of such land as may be required for all purposes reasonably incident to the mining and removal of such deposits therefrom.

History:

[(47-711) 1923, ch. 96, sec. 13, p. 115; I.C.A., sec. 46-713; am. 2004, ch. 14, sec. 2, p. 11; am. 2004, ch. 271, sec. 1, p. 757.]
Idaho Code § 47-335 — Idaho Code / Title 47 / Chapter 3 / Section 47-335
47-335 PRODUCERS — MONTHLY STATEMENTS — IDAHO STATE TAX COMMISSION.
Status: in_force

47-335. producers — monthly statements — idaho state tax commission. (1) Every producer engaged in the production of oil or gas from any well or wells in the state shall each month file with the Idaho state tax commission, on forms prescribed by the Idaho state tax commission, a statement containing the information required by subsection (2) of this section relating to the oil or gas produced, saved and sold or transported from the premises in Idaho where produced.

(2) The statement required in subsection (1) of this section shall include:

(a) The name, description and location of:

(i) Every well or wells; and

(ii) Every field in which the well or wells are located; and

(b) Any other reasonable and necessary information required by the Idaho state tax commission.

(3) The statements required to be filed with the Idaho state tax commission shall be signed and sworn to by the producer or a designee.

(4) The Idaho state tax commission is authorized to conduct audits, relating to producer compliance with the provisions of this section, at least every three (3) years.

History:

[(47-335) 47-331, added 2017, ch. 116, sec. 1, p. 267; am. and redesig. 2018, ch. 169, sec. 15, p. 365.]
Idaho Code § 47-902 — Idaho Code / Title 47 / Chapter 9 / Section 47-902
47-902 RIGHT OF WAY FOR MINING PURPOSES — RAILROADS, DITCHES, AND TUNNELS.
Status: in_force

47-902. Right of way for mining purposes — Railroads, ditches, and tunnels. When any mine or mining claim is so situated, that for the more convenient enjoyment of the same a road, railroad or tramway therefrom, or ditch or canal to convey water thereto, or a ditch, flume, cut or tunnel to drain or convey the waters or tailings therefrom, or a tunnel or shaft, may be necessary for the better working thereof, which road, railroad, tramway, ditch, canal, flume, cut, shaft or tunnel, may require the use or occupancy of lands or mining grounds, owned, occupied or possessed by others than the person or persons or body corporate, requiring an easement for any of the purposes described, the owner, claimant or occupant of the mine or mining claim first above mentioned, is entitled to a right of way, entry and possession for all the uses and privileges for such road, railroad, tramway, ditch, canal, flume, cut, shaft or tunnel, in, upon, through and across such other lands or mining claims, upon compliance with the provisions of this chapter.

History:

[(47-902) 1881, p. 266, sec. 1; R.S., sec. 3131; reen. R.C. & C.L., sec. 3224; C.S., sec. 5538; I.C.A., sec. 46-802.]
Idaho Code § 47-705 — Idaho Code / Title 47 / Chapter 7 / Section 47-705
47-705 APPRAISAL OF IMPROVEMENTS — TERM CONSTRUED.
Status: in_force

47-705. Appraisal of improvements — Term construed. Should any one apply to lease for prospecting and mining purposes the mineral deposits belonging to the state upon which improvements have been made, before the lease shall issue, to other than the owner of the improvements thereon, the applicant shall pay to the owner thereof the value of said improvements and shall file in the office of the state board of land commissioners a receipt showing that the price of said improvements, as agreed upon by the parties or fixed by appraisement under authority of the said board, has been paid to the owner thereof in full, or shall make satisfactory proof that he has tendered to such owner the price of said improvements so agreed upon or fixed by appraisement. The word "improvements" within the meaning of this section and of section 47-706 shall be construed to mean work performed in the development of the property, the estimated value of all known or probable mineral contained in the land that has been discovered or developed through mining excavations made by lessee, and all buildings, dwellings, mill machinery, mine machinery, trails, roads, and all equipment used, constructed and necessary for the operation of the mine, mill or plant.

History:

[(47-705) 1923, ch. 96, sec. 7, p. 115; am. 1925, ch. 220, sec. 4, p. 404; I.C.A., sec. 46-707.]
Idaho Code § 47-1510 — Idaho Code / Title 47 / Chapter 15 / Section 47-1510
47-1510 VEGETATION PLANTING.
Status: in_force

47-1510. Vegetation planting. (a) Except as otherwise provided in this act, an operator shall plant, on affected lands, vegetation species that can be expected to result in vegetation comparable to the vegetation that was growing on the area occupied by the affected lands prior to the exploration and mining operations.

(b) No planting shall be required on any affected lands, or portions thereof, where planting would not be practicable or reasonable because the soil is composed of sand, gravel, shale, stone or other material to such an extent as to prohibit plant growth.

(c) No planting shall be required to be made with respect to any of the following:

(1) On any mined area or overburden pile proposed to be used in the mining operations for haulage roads, as long as such roads are not abandoned.

(2) On any mined area or overburden pile where lakes are formed by rainfall or drainage runoff from the adjoining lands.

(3) On any mineral stockpile.

(4) On any exploration trench that will become a part of any pit or overburden disposal area.

(5) On any road that the operator intends to use in his mining operations, as long as said road has not been abandoned.

History:

[47-1510, added 1971, ch. 206, sec. 10, p. 898; am. 2019, ch. 226, sec. 10, p. 702.]
Idaho Code § 47-315 — Idaho Code / Title 47 / Chapter 3 / Section 47-315
47-315 AUTHORITY OF COMMISSION.
Status: in_force

47-315. Authority of commission. (1) The commission is authorized and it is its duty to regulate the exploration for and production of oil and gas, to prevent waste of oil and gas, to protect correlative rights, and to otherwise administer and enforce this act. It has jurisdiction over all persons and property necessary for such purposes. In the event of a conflict, the duty to prevent waste is paramount.

(2) The commission and the department shall protect correlative rights by administering the provisions of this chapter in such a manner as to avoid the drilling of unnecessary wells or incurring unnecessary expense and in a manner that allows all operators and royalty owners a fair and just opportunity for production and the right to recover, receive and enjoy the benefits of oil and gas or equivalent resources while also protecting the rights of surface owners.

(3) The commission is authorized to make such investigations as it deems proper to determine whether action by the commission in discharging its duties is necessary.

(4) The commission is authorized to appoint, as necessary, committees for the purpose of advising the commission on matters relating to oil and gas.

(5) Without limiting its general authority, the commission shall have the specific authority to require:

(a) Identification of ownership of oil and gas wells, producing leases, tanks, plants, structures, and facilities for the transportation or refining of oil and gas;

(b) The taking and preservation of samples and findings, if taken or analyzed;

(c) The drilling, casing, operation and plugging of wells in such manner as to prevent: (i) the escape of oil and gas out of one (1) pool into another; (ii) the detrimental intrusion of water into an oil and gas pool that is avoidable by efficient operations; (iii) the pollution of freshwater supplies by oil, gas, or saltwater; (iv) blowouts, cavings, seepages, and fires; and (v) waste as defined in section 47-310, Idaho Code;

(d) The taking of tests of oil and gas wells;

(e) The furnishing of a reasonable performance bond with good and sufficient surety, conditioned upon the performance of the duty to comply with the requirements of this law and the regulations of the commission with respect to the drilling, maintaining, operating and plugging of each well drilled for oil and gas;

(f) That the production from wells be separated into gaseous and liquid hydrocarbons, which shall each be measured by means and upon standards that may be prescribed by the commission;

(g) That wells not be operated with inefficient gas-oil or water-oil ratios, and to fix these ratios, and to limit production from wells with inefficient gas-oil or water-oil ratios;

(h) Metering or other measuring of oil, gas, or product;

(i) That every person who produces oil and gas in the state keep and maintain for a period of five (5) years complete and accurate records of the quantities thereof, which records, or certified copies thereof, shall be available for examination by the commission or its agents at all reasonable times within said period; and that every such person file with the commission such reasonable reports as it may prescribe with respect to such oil and gas production; and

(j) The filing of reports or plats with the commission that it may prescribe.

(6) Without limiting its general authority, and without limiting the authority of other state agencies or local governments as provided by law, the commission shall have the specific authority to regulate:

(a) The drilling and plugging of wells and the compression or dehydration of produced oil and gas and all other operations for the production of oil and gas;

(b) The perforation and treatment of wells;

(c) The spacing or locating of wells;

(d) Operations to increase ultimate recovery, such as cycling of gas, the maintenance of pressure, and the introduction of gas, water, or other substances into a producing formation; and

(e) The disposal of produced water and oil field wastes.

(7) The commission is authorized to classify and reclassify pools as oil, gas, or condensate pools or wells as oil, gas, or condensate wells.

(8) The commission is authorized to make and enforce rules, regulations, and orders reasonably necessary to prevent waste, to protect correlative rights, to govern the practice and procedure before the commission, and to otherwise administer this act.

(9) The commission shall require the department to perform the following activities on an annual basis:

(a) Inspect and report on all active well sites and equipment;

(b) Visit and file a report on production and processing facilities; and

(c) Submit an opinion as to any areas of concern, as identified on inspection reports.

History:

[(47-315) 47-319, added 1963, ch. 148, sec. 5, p. 433; am. 1990, ch. 213, sec. 63, p. 532; am. 2012, ch. 73, sec. 2, p. 211; am. 2012, ch. 111, sec. 3, p. 303; am. 2013, ch. 189, sec. 2, p. 469; am. 2015, ch. 64, sec. 1, p. 173; am. 2015, ch. 141, sec. 120, p. 469; am. 2016, ch. 47, sec. 21, p. 115; am. 2016, ch. 194, sec. 3, p. 542; am. and redesig. 2017, ch. 271, sec. 7, p. 683; am. 2023, ch. 283, sec. 3, p. 849.]
Idaho Code § 47-201 — Idaho Code / Title 47 / Chapter 2 / Section 47-201
47-201 GEOLOGICAL SURVEY CREATED — PURPOSE — ADVISORY BOARD.
Status: in_force

47-201. Geological survey created — Purpose — Advisory board. There is hereby created the Idaho geological survey, to be administered as a special program at the university of Idaho under the authority of the board of regents of the university of Idaho. The survey shall be the lead state agency for the collection, interpretation, and dissemination of geologic and mineral data for Idaho. Such information is to be acquired through field and laboratory investigations by the staff of the survey and through cooperative programs with other governmental and private agencies. There is hereby established an advisory board for the survey, consisting of the following members: The director of the survey and board chairperson (nonvoting); the chair of the department of geosciences at Boise state university; the chair of the department of geosciences at Idaho state university; the chair of the department of geological sciences at the university of Idaho; a representative from the mining and mineral processing industry selected by the director; the governor of the state of Idaho or his designated representative; a member of the board of land commissioners or their designated representative; the president or his designee of the Idaho association of professional geologists; and two (2) members at large selected by the director from other state or federal organizations, or from the private sector with a direct interest in the survey's programs, both serving two (2) year staggered terms; all of whom shall serve as members of the said board and shall be compensated as provided by section 59-509(b), Idaho Code.

History:

[(47-201) 1919, ch. 54, sec. 1, p. 163; C.S., sec. 5481; I.C.A., sec. 46-201; am. 1933, ch. 22, sec. 1, p. 29; am. 1974, ch. 17, sec. 26, p. 308; am. 1980, ch. 247, sec. 45, p. 614; am. 1984, ch. 101, sec. 1, p. 229; am. 2003, ch. 46, sec. 1, p. 175.; am. 2010, ch. 67, sec. 1, p. 116.]
Idaho Code § 47-713 — Idaho Code / Title 47 / Chapter 7 / Section 47-713
47-713 EFFECT OF PARTIAL INVALIDITY OF CHAPTER.
Status: in_force

47-713. Effect of partial invalidity of chapter. If any clause, sentence, paragraph, or part of this chapter shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

History:

[(47-713) 1923, ch. 96, sec. 16, p. 115; I.C.A., sec. 46-715.]
Idaho Code § 47-715 — Idaho Code / Title 47 / Chapter 7 / Section 47-715
47-715 COLLECTION OF ROYALTIES BY BOARD OF LAND COMMISSIONERS.
Status: in_force

47-715. Collection of royalties by board of land commissioners. The board of land commissioners of the state of Idaho is hereby authorized to collect royalties and other payments to the state of Idaho under mineral leases provided for by this chapter.

History:

[(47-715) I.C.A., sec. 46-719, as added by 1937, ch. 124, sec. 4, p. 185.]
Idaho Code § 47-913 — Idaho Code / Title 47 / Chapter 9 / Section 47-913
47-913 COSTS OF PROCEEDINGS.
Status: in_force

47-913. Costs of proceedings. The costs and expenses of proceedings under the provisions of this chapter, except as herein otherwise provided, must be paid by the party making the application: provided, that if the applicant before the commencement of such proceedings has tendered to the parties owning or occupying the lands or mining claims, a sum equal to or more than the amount of damages recovered, all of the costs and expenses must be paid by the party or parties owning the land or claims affected by such right of way, and who appeared and resisted the claim of the applicants thereto.

History:

[(47-913) 1876, p. 70, sec. 13; R.S., sec. 3142; reen. R.C. & C.L., sec. 3235; C.S., sec. 5549; I.C.A., sec. 46-813.]
Idaho Code § 47-707 — Idaho Code / Title 47 / Chapter 7 / Section 47-707
47-707 FORFEITURE OF LEASES.
Status: in_force

47-707. Forfeiture of leases. All leases of mineral deposits shall be conditional upon payment of the rental in advance annually, and upon the payment of the royalty provided for in the lease and upon the violation of any of the conditions of the lease, the board may at its option, after thirty (30) days' notice by registered mail, cancel the lease. Upon failure or refusal of the lessee to accept the readjustment of terms and conditions determined by the board at the end of any lease period, such failure or refusal shall work a forfeiture of the preferential right of the lessee. A forfeiture of such lease, and all rights of the lessee thereunder, may be declared by the state board of land commissioners for a violation of any of the terms or conditions of said lease or of any rule or regulation of said board with respect thereto or of any of the provisions of this chapter.

History:

[(47-707) added 1923, ch. 96, sec. 9, p. 115; am. 1925, ch. 220, sec. 5, p. 404; am. 1967, ch. 225, sec. 2, p. 676; am. 2020, ch. 341, sec. 3, p. 1002.]
Idaho Code § 47-1314 — Idaho Code / Title 47 / Chapter 13 / Section 47-1314
47-1314 DISTURBED LANDS TO BE RESTORED — NOTICE AND RESTORATION OF PLACER OR DREDGE EXPLORATION OPERATIONS.
Status: in_force

47-1314. Disturbed lands to be restored — Notice and restoration of placer or dredge exploration operations. (a) Any person conducting a placer or dredge mining operation shall, within one (1) year of permanent cessation of operations as to the whole or any part of the permit area, commence restoration of disturbed lands in the permit area or in any portion thereof as to which operations are permanently ceased. In accordance with a permit approved for the operation under section 47-1317, Idaho Code, surfaces shall be returned to a contour reasonably comparable to that contour existing prior to disturbance, topsoil shall be replaced where deemed appropriate by the board, and vegetation shall be planted reasonably comparable to that vegetation existing prior to disturbance. Any disturbed natural watercourse shall be restored to a configuration and pool structure conducive to good fish and wildlife habitat and recreational use.

(b) Any person desiring to conduct placer or dredge exploration operations using motorized earth-moving equipment shall, prior to or within seven (7) days of commencing exploration, notify the director in writing of the name and address of the person, and the location, anticipated size, and method of exploration. Such notice shall be subject to disclosure according to chapter 1, title 74, Idaho Code. Any placer or dredge exploration operation which causes a cumulative surface disturbance in excess of one-half (1/2) acre of land, including roads, shall be considered a placer or dredge mining operation. Lands disturbed by any placer or dredge exploration operation which causes a cumulative surface disturbance of less than one-half (1/2) acre of land, including roads, shall be restored to conditions reasonably comparable to conditions existing prior to the placer or dredge exploration operation.

History:

[47-1314, added 1984, ch. 102, sec. 3, p. 233; am. 1990, ch. 213, sec. 64, p. 533; am. 2015, ch. 141, sec. 121, p. 471; am. 2018, ch. 76, sec. 1, p. 171.]
Idaho Code § 47-716 — Idaho Code / Title 47 / Chapter 7 / Section 47-716
47-716 APPLICABLE ONLY TO DEPOSITS IN NATURAL STATE.
Status: in_force

47-716. Applicable only to deposits in natural state. The provisions of this chapter authorizing the leasing of the beds of the navigable rivers in the state of Idaho shall apply only to deposits in their natural state and shall not apply to dumps and tailings.

History:

[(47-716) I.C.A., sec. 46-720, as added by 1937, ch. 124, sec. 5, p. 185.]
Idaho Code § 47-904 — Idaho Code / Title 47 / Chapter 9 / Section 47-904
47-904 ISSUANCE AND SERVICE OF SUMMONS.
Status: in_force

47-904. Issuance and service of summons. Upon the filing of such complaint the clerk must issue a summons as provided in other civil actions, and the same must be served in the manner prescribed by law for service in ordinary actions.

History:

[(47-904) 1876, p. 70, sec. 4; R.S., sec. 3133; am. 1899, p. 350, sec. 2; reen. R.C. & C.L., sec. 3226; C.S., sec. 5540; I.C.A., sec. 46-804.]
Idaho Code § 47-311 — Idaho Code / Title 47 / Chapter 3 / Section 47-311
47-311 PUBLIC INTEREST.
Status: in_force

47-311. Public interest. It is declared to be in the public interest to foster, encourage and promote the development, production and utilization of natural resources of oil and gas in the state of Idaho in such a manner as will prevent waste; to provide for uniformity and consistency in the regulation of the production of oil and gas throughout the state of Idaho; to authorize and to provide for the operations and development of oil and gas properties in such a manner that a greater ultimate recovery of oil and gas may be obtained and that the correlative rights of all owners be fully protected; to encourage, authorize and provide for voluntary agreements for cycling, recycling, pressure maintenance and secondary recovery operations in order that the greatest possible economic recovery of oil and gas may be obtained within the state to the end that the land owners, the royalty owners, the producers and the general public may realize and enjoy the greatest possible good from these vital natural resources.

History:

[(47-311) 47-315, added 1963, ch. 148, sec. 1, p. 433; am. 2012, ch. 111, sec. 1, p. 302; am. and redesig. 2017, ch. 271, sec. 3, p. 681.]
Idaho Code § 47-608 — Idaho Code / Title 47 / Chapter 6 / Section 47-608
47-608 NOTICE MUST CLAIM ONLY ONE LOCATION.
Status: in_force

47-608. Notice must claim only one location. No location notice shall claim more than one location, whether the location is made by one or several locators, and if it purport to claim more than one location it is absolutely void.

History:

[(47-608) 1895, p. 25, sec. 8; reen. 1899, p. 237, sec. 8; reen. R.C. & C.L., sec. 3213; C.S., sec. 5527; I.C.A., sec. 46-608.]
Idaho Code § 47-1702 — Idaho Code / Title 47 / Chapter 17 / Section 47-1702
47-1702 SHORT TITLE.
Status: in_force

47-1702. Short title. This act may be known and cited as the "Idaho Abandoned Mine Reclamation Act."

History:

[47-1702, added 1994, ch. 220, sec. 1, p. 703; am. 1999, ch. 44, sec. 4, p. 105.]
Idaho Code § 47-1002 — Idaho Code / Title 47 / Chapter 10 / Section 47-1002
47-1002 OWNER OF INTERSECTED CLAIM MAY INSPECT TUNNEL.
Status: in_force

47-1002. Owner of intersected claim may inspect tunnel. Each tunnel or crosscut may be driven and worked for the purpose of drainage and for the purpose of reaching and working mining ground of the tunnel owner beyond the intersected claim. The owner or owners of any vein or any claim or claims so intersected, or his duly authorized agent, shall have the right to enter such tunnel upon application to the owner or owners or person in charge of said tunnel, without resorting to any process of law, for the purpose of making a survey and inspecting such vein or veins as may be crossed within the boundary lines of such intersected claim, and if the owner or owners of such tunnel shall, by bulkheading, damming back, or in any manner prevent the inspection or survey herein provided for, or if such owner or owners shall in any manner prevent the natural drainage of water from such intersected claim or claims without the consent of the owner or owners thereof, it shall work a forfeiture of all rights granted under the preceding section.

History:

[(47-1002) 1899, p. 442, sec. 2; reen. R.C. & C.L., sec. 3237; C.S., sec. 5551; I.C.A., sec. 46-902.]
Idaho Code § 47-609 — Idaho Code / Title 47 / Chapter 6 / Section 47-609
47-609 SECURITY TO SURFACE OWNERS — INJUNCTION.
Status: in_force

47-609. Security to surface owners — Injunction. When the right to mine is in any case separate from the ownership or right of occupancy of the surface ground, the owners or rightful occupants of the surface ground may demand satisfactory security from the miners, and if it be refused or not given, may enjoin such miners from working such ground until such security is given. The court granting the writ of injunction shall fix the amount and nature of the security.

History:

[(47-609) 1895, p. 25, sec. 10; reen. 1899, p. 237, sec. 10; reen. R.C. & C.L., sec. 3214; C.S., sec. 5528; I.C.A., sec. 46-609.]
Idaho Code § 47-323 — Idaho Code / Title 47 / Chapter 3 / Section 47-323
47-323 COMMINGLING OF PRODUCTION.
Status: in_force

47-323. commingling of production. A producer shall not, prior to metering, commingle production from two (2) or more oil and gas wells without prior approval from the department after notice and opportunity for hearing.

History:

[47-323, added 2017, ch. 271, sec. 16, p. 696.]
Idaho Code § 47-714 — Idaho Code / Title 47 / Chapter 7 / Section 47-714
47-714 LEASES OF NAVIGABLE RIVER BEDS AUTHORIZED.
Status: in_force

47-714. Leases of navigable river beds authorized. The board of land commissioners of the state of Idaho is hereby specifically authorized to lease for mining purposes the beds of navigable rivers of the state of Idaho between the high water marks thereof, said leases to be given under the terms and provisions of this chapter and the rules and regulations heretofore or hereafter adopted by said board.

History:

[(47-714) I.C.A., sec. 46-718, as added by 1937, ch. 124, sec. 3, p. 185.]
Idaho Code § 47-618 — Idaho Code / Title 47 / Chapter 6 / Section 47-618
47-618 LODE AND PLACER CLAIMS — OFFICIAL PATENT SURVEY AS LABOR ON IMPROVEMENT.
Status: in_force

47-618. Lode and placer claims — Official patent survey as labor on improvement. It is hereby declared that an official patent survey of a lode or placer mining claim or claims by a United States mineral surveyor constitutes and is labor performed upon an improvement made upon or for the benefit of an unpatented lode or placer mining claim or claims.

History:

[(47-618) C.S., sec. 5536-A, as added by 1929, ch. 194, sec. 1, p. 361; I.C.A. sec. 46-618.]
Idaho Code § 47-1504 — Idaho Code / Title 47 / Chapter 15 / Section 47-1504
47-1504 BOARD OF LAND COMMISSIONERS — RESPONSIBILITY.
Status: in_force

47-1504. Board of land commissioners — Responsibility. The state board of land commissioners is charged with the responsibility of administering this act in accordance with the purpose of the act and the intent of the legislature. The director of the department of lands shall, upon authorization of the board, exercise the powers and discharge the duties vested in the board by this act.

History:

[47-1504, added 1971, ch. 206, sec. 4, p. 898; am. 1974, ch. 17, sec. 36, p. 308.]
Idaho Code § 47-1501 — Idaho Code / Title 47 / Chapter 15 / Section 47-1501
47-1501 PURPOSE OF CHAPTER.
Status: in_force

47-1501. Purpose of chapter. It is the purpose of this chapter to provide for the protection of the public health, safety and welfare through measures to reclaim the surface of all the lands within the state disturbed by exploration and surface and underground mining operations and measures to assure the proper closure of cyanidation facilities and thereby conserve natural resources, aid in the protection of wildlife, domestic animals, and aquatic resources, and reduce soil erosion.

History:

[47-1501, added 1971, ch. 206, sec. 1, p. 898; am. 1973, ch. 180, sec. 1, p. 415; am. 2005, ch. 167, sec. 3, p. 512; am. 2019, ch. 226, sec. 2, p. 694.]
Idaho Code § 47-906 — Idaho Code / Title 47 / Chapter 9 / Section 47-906
47-906 OATH, VIEW, AND REPORT OF COMMISSIONERS.
Status: in_force

47-906. Oath, view, and report of commissioners. The commissioners so appointed must be sworn to faithfully and impartially discharge their duties, and must proceed without unreasonable delay to examine the premises and assess the damages resulting from such right or privilege prayed for, and report the amount of the same to the judge appointing them; and if such right of way affects the property of more than one person or company, such report must contain an assessment of damages to each company or person.

History:

[(47-906) 1876, p. 70, sec. 6; R.S., sec. 3135; reen. R.C. & C.L., sec. 3228; C.S., sec. 5542; I.C.A., sec. 46-806.]
Idaho Code § 47-1403 — Idaho Code / Title 47 / Chapter 14 / Section 47-1403
47-1403 RULES FOR ISSUING LEASE — TERM — ROYALTY.
Status: in_force

47-1403. Rules for issuing lease — Term — Royalty. Any such governing body may, in its discretion, make and establish such rules and regulations governing the issuance of such leases and contracts as are not inconsistent with provisions of this act. Any such lease or contract (1) shall be entered into pursuant to resolution duly adopted by the governing body, (2) may be for a term not exceeding ten (10) years and as long thereafter as oil, gas or other hydrocarbons shall be, or can be, produced in commercial quantities, except as such term may be extended pursuant to the provisions of section 47-1402, and (3) shall reserve to the governing body a royalty of not less than one-eighth (1/8) of all oil, gas or other hydrocarbons produced from said lands.

History:

[47-1403, added 1961, ch. 100, sec. 3, p. 149.]
Idaho Code § 47-1602 — Idaho Code / Title 47 / Chapter 16 / Section 47-1602
47-1602 “GEOTHERMAL RESOURCES” DEFINED.
Status: in_force

47-1602. "Geothermal resources" defined. For the purposes of this chapter, "geothermal resources" shall mean the natural heat energy of the earth, the energy, in whatever form, which may be found in any position and at any depth below the surface of the earth present in, resulting from, or created by, or which may be extracted from, such natural heat, and all minerals in solution or other products obtained from the material medium of any geothermal resource. Geothermal resources are found and hereby declared to be sui generis, being neither a mineral resource nor a water resource, but they are also found and hereby declared to be closely related to and possibly affecting and affected by water resources in many instances. No right to seek, obtain, or use geothermal resources has passed or shall pass with any existing or future lease of state or school lands, including but not limited to, mineral leases and leases issued under chapter 8, title 47, Idaho Code.

History:

[47-1602, added 1972, ch. 182, sec. 1, p. 467.]
Idaho Code § 47-1101 — Idaho Code / Title 47 / Chapter 11 / Section 47-1101
47-1101 ORDER FOR PERFORMANCE OF ASSESSMENT WORK.
Status: in_force

47-1101. Order for performance of assessment work. Whenever a judgment, attachment or mortgage creditor has a lien upon unpatented mining claims in this state and the annual assessment work required by the provisions of section 2324 of the Revised Statutes of the United States, as amended by act of congress of August 24, 1921, has not been performed upon such mining claims by the first day of June in any year, the judgment, attachment or mortgage creditor may apply to the court having jurisdiction for an order allowing such judgment, attachment or mortgage creditor to perform such annual assessment work upon such unpatented mining claims in order to prevent a forfeiture of such mining claims and to preserve the lien of the judgment, attachment or mortgage until the final issuance of sheriff's deed.

History:

[(47-1101) 1911, ch. 174, sec. 1, p. 568; reen. C.L. 233:2; C.S., sec. 5554; am. 1923, ch. 8, sec. 1, p. 9; I.C.A., sec. 46-1001.]
Idaho Code § 47-1003 — Idaho Code / Title 47 / Chapter 10 / Section 47-1003
47-1003 TITLE TO ORE TAKEN FROM INTERSECTED CLAIM.
Status: in_force

47-1003. Title to ore taken from intersected claim. If any ore, the property of the owner of the claim intersected or crossed, be extracted in driving such tunnel, it shall be the property of the owner of the vein from which it was taken and the owner of the tunnel shall be liable for all actual damages or injury done to the owner of the claim crossed by his tunnel.

History:

[(47-1003) 1899, p. 442, sec. 3; reen. R.C. & C.L., sec. 3238; C.S., sec. 5552; I.C.A., sec. 46-903.]
Idaho Code § 47-1605 — Idaho Code / Title 47 / Chapter 16 / Section 47-1605
47-1605 LEASES — RENTAL AND ROYALTY.
Status: in_force

47-1605. Leases — Rental and royalty. (1) Geothermal resources leases shall be issued at an annual rental of not less than twenty-five cents (25¢) per acre, payable in advance. The rental specified in geothermal leases shall be fixed in any manner by the state board of land commissioners including, but not limited to, competitive bidding, negotiation, fixed amounts or formulas.

(2) Royalty shall be established by the board of land commissioners based on the market value of the geothermal resources produced from the lands under lease. The royalties specified in geothermal leases shall be fixed in any manner by the state board of land commissioners including, but not limited to, competitive bidding, negotiation, fixed amounts or formulas. Royalties shall be paid in addition to rental payments, at the discretion of the board of land commissioners.

History:

[47-1605, added 1972, ch. 182, sec. 1, p. 467; am. 1985, ch. 124, sec. 1, p. 308; am. 2011, ch. 62, sec. 1, p. 137.]
Idaho Code § 47-1507 — Idaho Code / Title 47 / Chapter 15 / Section 47-1507
47-1507 PLAN — APPROVAL OR REJECTION BY BOARD — HEARING.
Status: in_force

47-1507. Plan — Approval or rejection by board — Hearing. (a) Upon determination by the board that a reclamation or permanent closure plan or any amended plan submitted by an operator meets the requirements of this chapter, the board shall deliver to the operator, in writing, a notice of approval of such plan, and thereafter said plan shall govern and determine the nature and extent of the obligations of the operator for compliance with this chapter, with respect to the mine panel or cyanidation facility for which the plan was submitted.

(b) If the board determines that a reclamation or permanent closure plan or amended plan fails to fulfill the requirements of this chapter, it shall deliver to the operator, in writing, a notice of rejection of the plan and shall set forth in said notice of rejection the reasons for such rejection, the factual findings upon which such rejection is based, the manner in which the plan fails to fulfill said requirements, and the requirements necessary to comply with this chapter. Upon receipt of said notice of rejection, said operator may submit amended plans. Upon further determination by the board that the amended plan still does not fulfill the requirements of said section, it shall deliver to the operator, in writing, a notice of rejection of the amended plan in the same form as set out in this section.

(c) Weather permitting, the board shall deliver to the operator within sixty (60) days after the receipt of any reclamation plan or amended reclamation plan, or within one hundred eighty (180) days after the receipt of any permanent closure plan or amended permanent closure plan, the notice of rejection or notice of approval of said plan, as the case may be, provided, however, that if the board fails to deliver a notice of approval or notice of rejection within said time period, the plan submitted shall be deemed to comply with this chapter, and the operator may commence and conduct his mining operations on the mine panel or operate the cyanidation facility covered by such plan as if a notice of approval of said plan had been received from the board; provided, however, that if weather conditions prevent the board from inspecting the mine panel or cyanidation facility to obtain information needed to approve or reject a submitted plan, it may, in writing to the operator, extend the time not to exceed thirty (30) days after weather conditions permit such inspection.

(d) For the purpose of determining whether a proposed plan or amended or supplemental plan complies with the requirements of this chapter, the board may, in its discretion, call for a public hearing. The hearing shall be held under such rules as promulgated by the board. Any interested person may appear at the hearing and give testimony. At the discretion of the board, the director may conduct the hearing and transmit a summary thereof to the board. Any hearing held shall not extend the period of time limit in which the board must act on a plan submitted.

History:

[47-1507, added 1971, ch. 206, sec. 7, p. 898; am. 1997, ch. 269, sec. 2, p. 774; am. 2005, ch. 167, sec. 8, p. 517; am. 2019, ch. 226, sec. 7, p. 699.]
Idaho Code § 47-1312 — Idaho Code / Title 47 / Chapter 13 / Section 47-1312
47-1312 POLICY.
Status: in_force

47-1312. Policy. It is hereby declared to be the policy of the state of Idaho to protect the lands, streams and watercourses within the state, from destruction by dredge mining and by placer mining, and to preserve the same for the enjoyment, use and benefit of all of the people, and that clean water in the streams of Idaho is in the public interest.

History:

[47-1312, added 1955 Init. Meas., sec. 1; am. 1969, ch. 281, sec. 1, p. 845.]