reglab/housing_qa huggingface dataset:
ID Code § 42-1718 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1718 - REMEDIAL MEANS FOR PROTECTION OF LIFE AND PROPERTY.

42-1718. REMEDIAL MEANS FOR PROTECTION OF LIFE AND PROPERTY. The director shall immediately employ any remedial means necessary to protect life and property if either: (a) The condition of any dam, reservoir or mine tailings impoundment structure is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of an order relative to maintenance or operation. (b) Passing or imminent floods threaten the safety of any dam, reservoir or mine tailings impoundment structure. In applying the remedial means provided for in this act, the department may in emergency do any of the following: (a) Lower the water level by releasing water from the reservoir or lower mine tailings slurry level by releasing slurry from the mine tailings impoundment structure. (b) Completely empty the reservoir. (c) Take such other steps as may be essential to safeguard life and property. The director shall continue in full charge and control of such dam or reservoir, or both, or mine tailings impoundment structure, or all, and its appurtenances, until they are rendered safe or the emergency occasioning the action has ceased. If the cost of the emergency remedial action by the director for the protection of life and property exceeds the amount of money appropriated from the general fund specifically for that purpose, the additional costs may be defrayed by the issuance of deficiency warrants as may be authorized by the board of examiners. When so authorized, the state controller shall draw deficiency warrants against the general fund. The cost and expenses of the remedial means provided in this act, including cost of any work done to render a dam, reservoir or mine tailings impoundment structure or its appurtenances safe, shall be recoverable by the state from the owner. If not paid within sixty (60) days of invoice, action may be brought by the director in the district court of the district wherein the dam, reservoir or mine tailings impoundment structure or any part thereof is situated. The funds recovered shall be returned to the general fund to offset the amount of the deficiency warrant. No action shall be brought by the state against the owner for pollution which may occur in the event that the director orders emergency dumping or bypassing.  History: [42-1718, added 1969, ch. 280, sec. 9, p. 833; am. 1974, ch. 20, sec. 19, p. 533; am. 1978, ch. 309, sec. 9, p. 793; am. 1995, ch. 283, sec. 1, p. 944; am. 2003, ch. 32, sec. 23, p. 130.]
ID Code § 42-1720 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1720 - VIOLATIONS OF CHAPTER — PENALTIES.

42-1720. VIOLATIONS OF CHAPTER — PENALTIES. (1) Every person who violates any of the provisions of this chapter, or of any order of the director or of any rule of the water resource board where a copy of the order or rule has been served upon said person by certified mail as herein provided, and said person fails to comply therewith within the time herein provided, or within ten (10) days of such service if not otherwise provided, shall be guilty of a misdemeanor. In the event of a continuing violation, each day that the violation continues constitutes a separate and distinct offense. (2) Any person who willfully obstructs, hinders, or prevents the director, the department or its agents or employees from performing the duties imposed by this chapter or who willfully resists the exercise of the control and supervision conferred by this chapter upon the director, the department or its agents or employees is guilty of a misdemeanor. (3) Any owner or any person acting as a director, officer, agent or employee of an owner, or any contractor or agent or employee of a contractor who engages in the construction, enlargement, repair, alteration, maintenance or removal of any dam, reservoir or mine tailings impoundment structure, who knowingly does work or permits work to be executed on the dam, reservoir or mine tailings impoundment structure without an approval or in violation of or contrary to any approval as provided for in this chapter, or any inspector, agent or employee of the department who has knowledge of such work being done and who fails to immediately notify the director thereof, is guilty of a misdemeanor. (4) Whenever any party or parties feel themselves aggrieved by the determination of the director in refusing to approve any plan or specification as mentioned in this chapter, or by any order of the director, such party or parties may seek a hearing before the director in accordance with section 42-1701A(3), Idaho Code, if a hearing has not already been held, and may seek judicial review in accordance with section 42-1701A(4), Idaho Code, of any final order of the director issued following a hearing. (5) When the director of the department of water resources determines that any person is in substantial violation of any provision of this chapter or any rule, certificate, condition of approval or order issued or promulgated pursuant to this chapter, the director may commence an administrative enforcement action by issuing a written notice of violation in accordance with the provisions of section 42-1701B, Idaho Code.  History: [42-1720, added 1969, ch. 280, sec. 11, p. 833; am. 1974, ch. 20, sec. 21, p. 533; am. 1978, ch. 309, sec. 11, p. 795; am. 1980, ch. 238, sec. 16, p. 547; am. 1998, ch. 173, sec. 9, p. 610.]
ID Code § 42-1730 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1730 - STATEMENT OF PURPOSE.

42-1730. STATEMENT OF PURPOSE. The legislature finds and declares that: (1) The water resources and waterways of Idaho constitute a valuable renewable resource; (2) The welfare of the people of Idaho is dependent upon conservation, development and optimum use of our water resources and waterways; (3) State regulation of development and use of our water resources and waterways is necessary to ensure water is available to meet the present and future needs of the people of Idaho; (4) The development of Idaho’s water resources for hydropower, irrigation, domestic, commercial, municipal, industrial and other uses in a manner that considers competing uses and values provides important benefits to the people of Idaho; (5) Comprehensive planning is necessary to minimize conflicts between competing uses and to ensure optimal protection of all beneficial uses of water; (6) A single state agency should formulate a comprehensive state water plan; (7) Selected rivers possessing outstanding fish and wildlife, recreational, aesthetic, historic, cultural, natural or geologic values should be protected for the public benefit and enjoyment; (8) Section 401 of the federal clean water act gives the state certification authority to regulate activities licensed or permitted by federal agencies to insure the protection of the quality of state water; and (9) The comprehensive state water plan required by this chapter shall not alter any existing responsibilities, jurisdiction or planning functions of state agencies established by state or federal law.  History: [42-1730, added 1988, ch. 370, sec. 3, p. 1091.]
ID Code § 42-1731 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1731 - DEFINITIONS.

42-1731. DEFINITIONS. For the purpose of this chapter: (1) "Alteration" means any activity using mechanized equipment that moves or overturns gravel or earth. (2) "Board" means the Idaho water resource board. (3) "Comprehensive state water plan" means the plan adopted by the board pursuant to section 42-1734A, Idaho Code, or a component of such plan developed for a particular water resource, waterway or waterways and approved by the legislature. (4) "Dredge or placer mining" means any dredge or other placer mining operation to recover minerals with the use of a dredge boat or sluice washing plant whether fed by bucket line as a part of such dredge or by a separate dragline or any other method including, but not limited to, suction dredges which are capable of moving more than two (2) cubic yards per hour of earth material. (5) "Hydropower project" means any development which uses a flow of water as a source of electrical or mechanical power, or which regulates the flow of water for the purpose of generating electrical or mechanical power. A hydropower project development includes all powerhouses, dams, water conduits, transmission lines, water impoundments, roads, and other appurtenant works and structures. (6) "Interim protected river" means a waterway designated pursuant to section 42-1734D or 42-1734H, Idaho Code, as protected for up to two (2) years while a component of the comprehensive state water plan is prepared for that waterway. (7) "Natural river" means a waterway which possesses outstanding fish and wildlife, recreation, geologic or aesthetic values, which are free of substantial existing man-made impoundments, dams or other structures, and of which the riparian areas are largely undeveloped, although accessible in places by trails and roads. (8) "Protected river" means a waterway protected in the comprehensive state water plan by designation as either a natural river or a recreational river. (9) "Recreational river" means a waterway which possesses outstanding fish and wildlife, recreation, geologic or aesthetic values, and which might include some man-made development within the waterway or within the riparian area of the waterway. (10) "Riparian area" means that area within one hundred (100) feet of the mean highwater mark of a waterway. (11) "State agency" means any board, commission, department or executive agency of the state of Idaho. (12) "Stream bed" means a natural water course of perceptible extent with definite bed and banks, which confines and conducts the water of a waterway which lies below and between the ordinary high water mark on either side of that waterway. (13) "Waterway" means a river, stream, creek, lake or spring, or a portion thereof, and shall not include any tributary thereof.  History: [42-1731, added 1988, ch. 370, sec. 3, p. 1092.]
ID Code § 42-1732 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1732 - IDAHO WATER RESOURCE BOARD.

42-1732. IDAHO WATER RESOURCE BOARD. Pursuant to the provisions of article 15, section 7, of the constitution of the state of Idaho, there is hereby established as the constitutional water agency within the department of water resources the Idaho water resource board which shall consist of eight (8) appointed members. The eight (8) appointed members shall be qualified electors of the state, no more than four (4) of whom shall be members of the same political party. Appointment of board members shall be made solely upon consideration of their knowledge, interest and active participation in the field of reclamation, water use or conservation and no member shall be appointed a member of the board unless he shall be well informed upon, interested in, and engaged actively in the field of reclamation, water use or conservation of water. Four (4) of these members shall be appointed at large and no more than three (3) of the eight (8) members shall be residents of a single district. To insure representation of water users of all geographic locations of the state, one (1) member shall be appointed from each of the following districts: District No. 1 which shall consist of the counties of Boundary, Bonner, Kootenai, Shoshone, Benewah, Latah, Clearwater, Nez Perce, Lewis and Idaho; District No. 2 which shall consist of the counties of Adams, Valley, Washington, Payette, Gem, Boise, Canyon, Ada, Elmore and Owyhee; District No. 3 which shall consist of the counties of Camas, Gooding, Jerome, Twin Falls, Cassia, Blaine, Lincoln, Minidoka, Lemhi, Custer and Butte; District No. 4 which shall consist of the counties of Clark, Fremont, Jefferson, Madison, Teton, Bingham, Bonneville, Power, Bannock, Caribou, Oneida, Franklin and Bear Lake. All appointments shall be made by the governor with the advice and consent of the senate. As soon as practicable after passage of this act, the governor shall appoint all eight (8) members; four (4) members shall be appointed to terms which will expire on January 1, 1967, four (4) members shall be appointed to terms which will expire on January 1, 1969, and thereafter all appointments shall be to four (4) year terms. Any vacancy caused by death, removal, disqualification, or resignation, shall be filled by the governor for the unexpired term caused by the vacancy. The appointed members shall be compensated as provided by section 59-509(h), Idaho Code.  History: [42-1732, added 1965, ch. 320, sec. 2, p. 901; am. 1974, ch. 20, sec. 22, p. 533; am. 1980, ch. 247, sec. 42, p. 612.]
ID Code § 42-1734C (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1734C - STATUS OF COMPREHENSIVE STATE WATER PLAN BEFORE FEDERAL AGENCIES.

42-1734C. STATUS OF COMPREHENSIVE STATE WATER PLAN BEFORE FEDERAL AGENCIES. The comprehensive state water plan required by this chapter shall be submitted to the federal energy regulatory commission, and the pacific northwest electric power and conservation planning council, and any other federal agencies as the state water plan for the conservation, development, management and optimum use of the state of Idaho’s water resource.  History: [42-1734C, added 1988, ch. 370, sec. 5, p. 1099.]
ID Code § 42-1734E (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1734E - REMEDIES.

42-1734E. REMEDIES. (1) The attorney general, at the request of the board, shall commence a civil action to enjoin any person violating any provision of this chapter and to recover actual damages in that amount required to restore a protected river and its riparian area to a condition reasonably comparable to that existing prior to the violation. (2) It shall be the duty of the attorney general to institute and prosecute all enforcement actions provided for in this chapter.  History: [42-1734E, added 1988, ch. 370, sec. 5, p. 1100.]
ID Code § 42-1734F (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1734F - RIGHTS NOT AFFECTED.

42-1734F. RIGHTS NOT AFFECTED. (1) No provision of this chapter, or any rules or regulations promulgated pursuant to this chapter, shall in any way limit, restrict, or conflict with approved applications for the appropriation of water or with vested property rights existing on the date a waterway is designated for protected river status or interim protected river status. For the purpose of this chapter, nonvested rights shall include, but not be limited to, pending applications for state mining permits or mineral leases, and pending applications for the appropriation of water. (2) No provision of this chapter, or any rules or regulations promulgated pursuant to this chapter shall bar a water user or his agent from cleaning, maintaining or replacing a water diversion structure existing on or before the date a river is designated as protected. A water user or his agent may remove any obstructions from the stream channel, if such obstruction interferes with the delivery of, or use of, water under any existing water right. The provisions of this section do not relieve a person from complying with any other applicable laws. (3) Nothing in this act shall prevent or restrict the relicensing of existing hydropower projects that have been previously licensed by the federal energy regulatory commission and which have generated electricity. Any designation of waterways as interim protected rivers or protected rivers shall not affect the operation or relicensing, including but not limited to the expansion of capacity which does not enlarge existing boundaries or project impoundments of any hydropower project existing and that has been previously licensed by the federal energy regulatory commission and which have generated electricity as of the date of the designation.  History: [42-1734F, added 1988, ch. 370, sec. 5, p. 1100.]
ID Code § 42-1734G (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1734G - WATER RIGHTS.

42-1734G. WATER RIGHTS. No provisions of this chapter, or any rules or regulations promulgated pursuant to this chapter, shall be construed to establish a water right. Any water rights necessary to fulfill the purposes of this chapter shall be obtained pursuant to the provision of chapter 2 or chapter 15, title 42, Idaho Code.  History: [42-1734G, added 1988, ch. 370, sec. 5, p. 1101.]
ID Code § 42-1734H (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1734H - DESIGNATION OF PARTICULAR RIVERS AS INTERIM PROTECTED RIVERS.

42-1734H. DESIGNATION OF PARTICULAR RIVERS AS INTERIM PROTECTED RIVERS. (1) The board shall designate the following waterways as interim protected rivers pursuant to section 42-1734D, Idaho Code: (a) Priest River, from the Canadian Border to the confluence of Priest Lake; (b) South Fork of the Boise River, from Anderson Ranch Dam to Neal Bridge; (c) Snake River, from Section 5, Township 11 South, Range 20 East, B.M. to King Hill; (d) The following waterways within the Payette River Basin: 1. North Fork of the Payette River, from Cabarton Bridge to Banks; 2. South Fork of the Payette River, from the Sawtooth Wilderness Boundary to Banks; 3. Main Payette River, from Banks to Black Canyon Dam; and (e) Henry’s Fork of the Snake River from its point of origin at Henry’s Lake to the point of its confluence with the backwaters of Ashton Reservoir. (2) The board shall determine which of the activities listed in subsection (5) of section 42-1734A, Idaho Code, shall be prohibited.  History: [42-1734H, added 1988, ch. 370, sec. 5, p. 1101.]
ID Code § 42-1734I (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1734I - DESIGNATION UNDER FEDERAL LAW.

42-1734I. DESIGNATION UNDER FEDERAL LAW. Designation of a waterway as a protected river pursuant to this chapter shall not be a basis for seeking inclusion of such waterway in the national wild and scenic rivers system pursuant to 16, United States Code section 1273(a)(ii) unless the act designating the waterway as a protected river specifically requests the governor to seek inclusion of the waterway in the national wild and scenic rivers system.  History: [42-1734I, added 1988, ch. 370, sec. 5, p. 1101.]
ID Code § 42-1735 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1735 - APPOINTMENT OF COUNSEL — HEARING OFFICERS.

42-1735. APPOINTMENT OF COUNSEL — HEARING OFFICERS. The board may appoint legal counsel or may retain private counsel independent of the counsel appointed by the director of the department. The board may utilize hearing officers during any hearing processes which are assigned to the board by law.  History: [42-1735, added 1965, ch. 320, sec. 5, p. 901; am. 1974, ch. 20, sec. 24, p. 533.]
ID Code § 42-1736B (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1736B - WATER RESOURCE POLICY ACTIONS.

42-1736B. WATER RESOURCE POLICY ACTIONS. (1) All future filings, permits and decrees on the unappropriated waters of this state shall be determined with respect to the effect such filings, permits and decrees will have on the minimum daily flow of the affected stream or river, or on the maintenance level of the affected lake or reservoir. (2) All water plans and development projects proposed by the water resource board shall be subject to review and approval of the legislature, except that those projects funded from the water resource board revolving development account of less than five hundred thousand dollars ($500,000) need not have prior legislative approval. (3) In further recognition of the authority granted by law to the water resource board by the provisions of section 42-1734, Idaho Code, and in further recognition of the right of the legislature to review and approve the actions of the water resource board, the water resource board is specifically directed: (a) To inventory all of the unappropriated waters of this state; (b) To recommend to the legislature appropriations in trust for the people of Idaho for specific purposes; (c) To develop a list of specific proposals for storage of any unappropriated waters of this state, which proposals shall show location, costs, and proposed uses and benefits; (d) To take all necessary actions to assure that Idaho citizens shall not be denied the right to divert and appropriate to beneficial uses, under the provisions of article XV of the constitution of the state of Idaho, the unappropriated waters of this state.  History: [42-1736B, added 1978, ch. 345, sec. 2, p. 886.]
ID Code § 42-1738 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1738 - VESTED WATER RIGHTS PROTECTED — POLICY OF PROJECT OPERATION AFTER PAY-OUT DEFINED.

42-1738. VESTED WATER RIGHTS PROTECTED — POLICY OF PROJECT OPERATION AFTER PAY-OUT DEFINED. The board shall have no power or authority to do, and shall be and is prohibited from doing, any thing or act which would modify, set aside or alter any existing right or rights to the use of water or the priority of such use as established under existing laws except where the board acquires the consent of the owner or exercises the right of eminent domain as herein provided. It is the policy of the legislature to favor those projects with contractual agreements which provide that, upon completion of revenue bond pay-out, the project will revert to the ownership and management of that group or entity, public or private, which has paid for the project.  History: [42-1738, added 1965, ch. 320, sec. 8, p. 901.]
ID Code § 42-1739 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1739 - BOND AUTHORIZATION.

42-1739. BOND AUTHORIZATION. The Idaho water resource board is authorized, for the purpose of carrying out the lawful powers granted it by the laws of this state, to contract indebtedness and issue revenue bonds evidencing such indebtedness in conformity with this chapter.  History: [42-1739, added 1965, ch. 319, sec. 1, p. 898.]