reglab/housing_qa huggingface dataset:
ID Code § 42-1601 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 16 - ARTESIAN WELLS|Section 42-1601 - WELL NOT CONTROLLED A COMMON NUISANCE — APPROVAL OF DIRECTOR — RESERVOIRED WATER — MAINTENANCE OF ARTESIAN WELLS.

42-1601. WELL NOT CONTROLLED A COMMON NUISANCE — APPROVAL OF DIRECTOR — RESERVOIRED WATER — MAINTENANCE OF ARTESIAN WELLS. (1) Any person owning or controlling a flowing artesian well, which is not capped, equipped or furnished with such mechanical appliance as will readily control the flow of water from such well, shall be guilty of a misdemeanor and such well is hereby declared to be a common nuisance; and any person owning or controlling a flowing artesian well, which is capped, equipped or furnished with a mechanical appliance for arresting and preventing the flow of water therefrom, which cap, equipment or mechanical appliance is of a type that has not been approved by the director of the department of water resources, shall be guilty of a misdemeanor and such well is hereby declared to be a common nuisance: provided, however, that in cases where the waters of artesian wells are reservoired and controlled so that waste is not committed and a common nuisance created and where the pressure of water in a reservoir automatically causes wells to cease to flow, such mechanical contrivances may be dispensed with by obtaining the consent of the director of the department of water resources. (2) Any person owning or controlling an artesian well shall maintain the well to prevent waste or contamination of ground waters through leaky casings, pipes, fittings, valves, pumps, seals or through leakage around the outside of the casings, whether the leakage is above or below the land surface. (3) The owner of the land on which the well is located shall be deemed to own the well unless a deed, covenant, contract, easement, or other documentation acceptable to the director is available to demonstrate that the well is owned by another. (4) If a ground water management district created pursuant to chapter 51, title 42, Idaho Code, has adopted and is implementing a plan for the repair of leaking artesian wells acceptable to the director of the department of water resources, then the director of the department of water resources will not take any administrative or judicial action to require repair of a well within the ground water management district if the person owning the well is an active participant in the ground water management district.  History: [(42-1601) 1921, ch. 196, sec. 1, p. 399; I.C.A., sec. 41-1401; am. 1987, ch. 347, sec. 10, p. 753; am. 1995, ch. 294, sec. 1, p. 1036.]
ID Code § 42-1602 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 16 - ARTESIAN WELLS|Section 42-1602 - UNNECESSARY FLOW UNLAWFUL — USE FOR DOMESTIC PURPOSES.

42-1602. UNNECESSARY FLOW UNLAWFUL — USE FOR DOMESTIC PURPOSES. It shall be unlawful for the owner, tenant, or occupant of the land upon which such well is situated to cause, permit, or suffer, such common nuisance, or suffer or permit it to remain or continue; and it shall be unlawful for any person owning, possessing or occupying any land, upon which is situated an artesian well, to cause, suffer or permit the water to unnecessarily flow from such well or to go to waste: provided, however, that it shall be lawful for any such person to insert a stop and waste cock, not exceeding one (1) inch in diameter, in the piping of such well and to take and use water therefrom through such stop and waste cock at any time for household, stock or domestic purposes.  History: [(42-1602) 1921, ch. 196, sec. 2, p. 399; I.C.A., sec. 41-1402.]
ID Code § 42-1603 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 16 - ARTESIAN WELLS|Section 42-1603 - APPLICATION FOR APPROVAL OF CONTROL DEVICE — APPROVAL NECESSARY.

42-1603. APPLICATION FOR APPROVAL OF CONTROL DEVICE — APPROVAL NECESSARY. Every person referred to in section 42-1602[, Idaho Code,] shall apply to the director of the department of water resources for the approval of any installed or proposed mechanical device for controlling the flow of water from such artesian well; and in such application shall describe the cap, equipment or mechanical appliance, with which such well is equipped or with which it is proposed to equip any such well, and shall change, alter or install only such equipment as shall be approved by the director of the department of water resources.  History: [(42-1603) 1921, ch. 196, sec. 3, p. 399; I.C.A., sec. 41-1403.]
ID Code § 42-1604 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 16 - ARTESIAN WELLS|Section 42-1604 - ARTESIAN WELL DEFINED.

42-1604. ARTESIAN WELL DEFINED. For the purposes of this chapter, an artesian well is defined as any well, as defined in subsection (b) of section 42-230, Idaho Code, which encounters pressurized ground water or low temperature geothermal resource under sufficient head to rise above the elevation at which it was first encountered whether or not the fluid flows at land surface. If the fluid level stands above land surface, the well is a flowing artesian well.  History: [(42-1604) 1921, ch. 196, sec. 4, p. 399; I.C.A., sec. 41-1404; am. 1987, ch. 347, sec. 11, p. 754.]
ID Code § 42-1605 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 16 - ARTESIAN WELLS|Section 42-1605 - ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF — CRIMINAL PENALTIES.

42-1605. ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF — CRIMINAL PENALTIES. (1) 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, 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. The director may petition the district court for injunctive relief in order to prevent damage pending the outcome of enforcement proceedings before the director. (2) Criminal penalties. Any person who willfully or negligently violates any of the provisions of this chapter shall, for each offense, be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than three hundred dollars ($300) and not more than one thousand dollars ($1,000). Each day upon which such violation occurs shall constitute a separate violation.  History: [(42-1605) 1921, ch. 196, sec. 5, p. 399; I.C.A., sec. 41-1405; am. 1987, ch. 347, sec. 12, p. 754; am. 1993, ch. 216, sec. 34, p. 617; am. 1998, ch. 173, sec. 7, p. 606.]
ID Code § 42-1701A (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1701A - HEARINGS BEFORE DIRECTOR — APPEALS.

42-1701A. HEARINGS BEFORE DIRECTOR — APPEALS. (1) All hearings required by law to be held before the director of the department of water resources shall be conducted in accordance with the provisions of chapter 52, title 67, Idaho Code, and rules of procedure promulgated by the director. (2) The director, in his discretion, may direct that a hearing be conducted by a hearing officer appointed by the director. In such event, the hearing officer shall have the duty to make a complete record of the evidence presented and duly received at the hearing and to prepare a recommended or preliminary order in accordance with chapter 52, title 67, Idaho Code, and rules of procedure promulgated by the director. (3) Unless the right to a hearing before the director or the water resource board is otherwise provided by statute, any person aggrieved by any action of the director, including any decision, determination, order or other action, including action upon any application for a permit, license, certificate, approval, registration, or similar form of permission required by law to be issued by the director, who is aggrieved by the action of the director, and who has not previously been afforded an opportunity for a hearing on the matter shall be entitled to a hearing before the director to contest the action. The person shall file with the director, within fifteen (15) days after receipt of written notice of the action issued by the director, or receipt of actual notice, a written petition stating the grounds for contesting the action by the director and requesting a hearing. The director shall give such notice of the petition as is necessary to provide other affected persons an opportunity to participate in the proceeding. The hearing shall be held and conducted in accordance with the provisions of subsections (1) and (2) of this section. Judicial review of any final order of the director issued following the hearing shall be had pursuant to subsection (4) of this section. (4) Any person who is aggrieved by a final decision or order of the director is entitled to judicial review. The judicial review shall be had in accordance with the provisions and standards set forth in chapter 52, title 67, Idaho Code.  History: [42-1701A, added 1980, ch. 238, sec. 1, p. 526; am. 1993, ch. 216, sec. 36, p. 619; am. 1994, ch. 450, sec. 2, p. 1435; am. 2003, ch. 138, sec. 1, p. 403.]
ID Code § 42-1702 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1702 - DUTY TO SUPPLY INFORMATION.

42-1702. DUTY TO SUPPLY INFORMATION. The director shall, free of charge, give any information desired by any person as to the proper method of measuring water, or of constructing an apparatus for such measurement, upon proper application being made; and shall give special instructions to all watermasters as to measurement of water so as to secure a just distribution of the same.  History: [(42-1702) 1895, p. 215, sec. 12; reen. 1899, p. 282, sec. 11; reen. R.C., sec. 157; reen. C.L. 126:8; C.S., sec. 2984; I.C.A., sec. 41-1502; am. 1974, ch. 20, sec. 5, p. 533.]
ID Code § 42-1703 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1703 - ATTORNEY GENERAL TO ADVISE DIRECTOR.

42-1703. ATTORNEY GENERAL TO ADVISE DIRECTOR. The director may require, and shall receive, from the attorney general of the state, advice upon any question of public interest arising in the performance of duties under this chapter, which advice shall be in writing when so desired. The director may employ counsel or may retain private counsel.  History: [(42-1703) 1895, p. 215, sec. 13; reen. 1899, p. 282, sec. 12; reen. R.C., sec. 158; reen. C.L. 126:9; C.S., sec. 2985; I.C.A., sec. 41-1503; am. 1974, ch. 20, sec. 6, p. 533.]
ID Code § 42-1704 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1704 - DIRECTOR TO MAKE REPORT.

42-1704. DIRECTOR TO MAKE REPORT. The director shall make and render to the governor, annually, or oftener, if required, full and true reports of the work performed by the department, which reports shall contain any recommendations he may have to make in reference to legislation affecting the department.  History: [(42-1704) 1895, p. 215, sec. 14; reen. 1899, p. 282, sec. 13; reen. R.C., sec. 159; reen. C.L. 126:10; C.S., sec. 2986; I.C.A., sec. 41-1504; am. 1974, ch. 20, sec. 7, p. 533.]
ID Code § 42-1705 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1705 - COOPERATION WITH UNITED STATES GEOLOGICAL SURVEY.

42-1705. COOPERATION WITH UNITED STATES GEOLOGICAL SURVEY. The director of the department of water resources is hereby authorized to cooperate with the United States geological survey in the investigation of the water resources and gauging the flow of the streams of the state of Idaho so long as the federal government is engaged in making such measurements and surveys. To that end he is hereby authorized to make the necessary contract or contracts with the director of the United States geological survey whereby a part of the expenses incurred in the making of such surveys, gaugings and measurements may be paid by the state of Idaho, to an amount not to exceed the appropriation hereinafter made. Said contract or contracts shall provide among other things, that the United States geological survey shall furnish to the department of water resources complete and detailed reports of the results obtained by said survey, gaugings and measurements and copies of such original records, plats, notes and other data as shall be required by the department. Such reports, plats, notes, records and data shall be and become a part of the permanent records of the office of the department. All claims for expenses incurred or made hereunder shall be filed, examined, and when allowed, paid out of the state treasury in the same manner that other claims against the state are made, filed, examined and paid.  History: [(42-1705) 1919, ch. 173, sec. 1, p. 548; C.S., sec. 2987; I.C.A., sec. 41-1505; am. 1974, ch. 20, sec. 8, p. 533.]
ID Code § 42-1706 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1706 - ADDITIONAL DUTIES OF DIRECTOR.

42-1706. ADDITIONAL DUTIES OF DIRECTOR. The director of the department of water resources shall make or cause to be made careful measurements of the flow in cubic feet per second of the various streams in the state whose waters are, or are likely to be, appropriated and used, through that part of the season which he may deem necessary or expedient, to afford information for irrigating purposes, commencing with those streams most used for irrigation. The director shall collect facts and make surveys to ascertain suitable locations for reservoirs upon streams where such reservoirs may be possible and beneficial, and shall, as far as possible, determine the cost of constructing such reservoirs, and all other facts possible in regard to quantity of water possible to be stored, the character and extent of land that may be reclaimed by the water from such reservoirs, together with all other information possible that may bear upon the subject. The director shall become familiar with the waterways and irrigable land in the state and the needs of the state as to irrigation matters, and all records of any such information shall be the property of the state and open to public inspection. The director shall keep full and complete records of all measurements of streams, surveys, examinations or other valuable information that may come into his possession concerning any of the duties of the department, and shall furnish reasonable information in regard to such measurements or surveys to the newspapers of the state upon proper request. In addition to the duties prescribed in this chapter, the director shall perform such other professional duties as may be required of him by the governor, and shall give advice on any matters of a professional nature, when called upon by the governor to do so.  History: [(42-1706) 1895, p. 215, sec. 15; reen. 1899, p. 282, sec. 14; reen. R.C., sec. 160; reen. C.L. 126:11; C.S., sec. 2988; I.C.A., sec. 41-1506; am. 1974, ch. 20, sec. 9, p. 533.]
ID Code § 42-1709 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1709 - INSPECTION AND OVERSIGHT ON COMPLAINT OR DIRECTOR’S DETERMINATION.

42-1709. INSPECTION AND OVERSIGHT ON COMPLAINT OR DIRECTOR’S DETERMINATION. (1) If any person or persons shall report in writing to the director that any dam, artificial barrier or embankment that stores or impounds water, except for those excluded in section 42-1711(b)(1) through (4), Idaho Code, or mine tailings impoundment structure used for storing tailings slurry is unsafe and endangering life or property, then it shall be the duty of the director to inspect, or cause to be inspected, such dam, artificial barrier or embankment or mine tailings impoundment structure as soon as possible, and, if he considers it unsafe, to proceed as provided in this chapter. (2) If the director determines that the failure of any artificial barrier or embankment that stores or impounds water, except for those excluded in section 42-1711(b)(1) through (4), Idaho Code, would pose a threat of direct loss of life or significant property damage, the director shall regularly inspect and regulate it as a dam as provided in this chapter.  History: [(42-1709) 1895, p. 215, sec. 11; reen. 1899, p. 282, sec. 10; reen. R.C., sec. 156; reen. C.L. 126:14; C.S., sec. 2991; I.C.A., sec. 41-1509; am. 1974, ch. 20, sec. 10, p. 533; am. 1978, ch. 309, sec. 1, p. 786; am. 2016, ch. 206, sec. 1, p. 578.]
ID Code § 42-1710 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1710 - INTENT OF LEGISLATURE — CONSTRUCTION, MAINTENANCE AND OPERATION OF DAMS AND MINE TAILINGS IMPOUNDMENT STRUCTURES.

42-1710. INTENT OF LEGISLATURE — CONSTRUCTION, MAINTENANCE AND OPERATION OF DAMS AND MINE TAILINGS IMPOUNDMENT STRUCTURES. It is the intent of the legislature by this act to provide for the regulation of construction, maintenance and operation of all dams, reservoirs and mine tailings impoundment structures exclusively by the state to the extent required for the protection of public safety. All dams, reservoirs and mine tailings impoundment structures in the state are under jurisdiction of the department of water resources. The department of water resources, under the police power of the state, shall supervise the construction, enlargement, alteration, repair, maintenance, operation and removal of dams, reservoirs and mine tailings impoundment structures for the protection of life and property. The department of water resources may enter into agreements with other state agencies having jurisdiction over water storage structures to limit duplication of inspection, review and regulation of such structures.  History: [42-1710, added 1969, ch. 280, sec. 1, p. 833; am. 1974, ch. 20, sec. 11, p. 533; am. 1978, ch. 309, sec. 2, p. 786; am. 2000, ch. 78, sec. 1, p. 164.]
ID Code § 42-1713 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1713 - FEES.

42-1713. FEES. Fees provided for in this chapter shall be required of all enumerated in the definition of owner. Fees for an enlargement to an existing dam or mine tailings impoundment structure shall be based upon the increase in storage capacity or tailings storage capacity. Fees for alterations or repairs of an existing dam or mine tailings impoundment structure shall be based on an estimate, made by the director, of costs of inspections to be made, however, in no case shall such fees exceed that which would be required by the fee schedule for construction of the dam or mine tailings impoundment structure. The fee for construction of a dam or mine tailings impoundment structure, or for enlarging an existing dam or mine tailings impoundment structure, shall be two hundred dollars ($200) plus the following amount: (a) For one thousand (1,000) acre-feet capacity or less, ten dollars ($10.00) for each ten (10) acre-feet or part thereof. (b) For over one thousand (1,000) acre-feet capacity but not exceeding ten thousand (10,000) acre-feet capacity, one thousand dollars ($1,000) plus one dollar ($1.00) for each ten (10) acre-feet or part thereof over the first one thousand (1,000) acre-feet capacity. (c) For storage in excess of ten thousand (10,000) acre-feet, one thousand nine hundred dollars ($1,900) plus twenty cents (20¢) for each ten (10) acre-feet or part thereof over the first ten thousand (10,000) acre-feet capacity. In no case, however, shall the fee be more than six thousand dollars ($6,000). All plans, drawings and specifications shall not be considered by the department until the filing fee is received. All moneys received by the department under the provisions of this chapter shall be deposited in the water administration fund created under section 42-238a, Idaho Code, and shall be available to the department in carrying out the provisions of this chapter. Fees submitted shall not be refunded.  History: [42-1713, added 1969, ch. 280, sec. 4, p. 833; am. 1970, ch. 73, sec. 2, p. 187; am. 1974, ch. 20, sec. 14, p. 533; am. 1978, ch. 309, sec. 4, p. 788; am. 1980, ch. 195, sec. 1, p. 431; am. 2004, ch. 169, sec. 1, p. 548.]
ID Code § 42-1714 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1714 - RULES.

42-1714. RULES. The water resource board shall adopt and revise from time to time such rules as may be necessary for carrying out the provisions of sections 42-1710 through 42-1721, Idaho Code. The rules governing mine tailings and impoundment structures shall require the owner to provide an abandonment plan to assure that the site will be in a safe maintenance-free condition upon completion of the mining operation. The rules shall also require the owner to provide to the director a bond or other acceptable surety adequate to complete the abandonment plan if the owner abandons the site without conforming to the plan. The amount of the bond shall be determined by the director and shall be established to avoid duplication with sureties deposited with other governmental agencies. In lieu of any surety required hereunder, the owner may deposit cash and governmental securities with the director in an amount equal to that of the required surety on conditions as prescribed in the rules.  History: [42-1714, added 1969, ch. 280, sec. 5, p. 833; am. 1974, ch. 20, sec. 15, p. 533; am. 1978, ch. 309, sec. 5, p. 789; am. 2000, ch. 298, sec. 1, p. 1029.]
ID Code § 42-1716 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD|Section 42-1716 - NOTICE OF COMPLETION — FILING OF SUPPLEMENTARY DRAWINGS OR DESCRIPTIVE MATTER.

42-1716. NOTICE OF COMPLETION — FILING OF SUPPLEMENTARY DRAWINGS OR DESCRIPTIVE MATTER. Immediately upon completion of a new dam, reservoir or mine tailings impoundment structure or enlargement or repair of a dam, reservoir or mine tailings impoundment structure the owner shall give notice of completion to the director, and as soon thereafter as possible file with the director supplementary drawings or descriptive matter showing or describing the dam, reservoir or mine tailings impoundment structure as actually constructed, including the following: (a) A record of all grout holes and grouting. (b) A record of permanent location points and bench marks. (c) A record of tests of concrete or other material used in the construction of the dam, reservoir or mine tailings impoundment structure. (d) Any other items which may be of permanent value and have a bearing on the safety and performances of the dam, reservoir or mine tailings impoundment structure. In connection with the enlargement or repair of a dam, reservoir or mine tailings impoundment structure, the supplementary drawings and descriptive matter need apply only to the new work.  History: [42-1716, added 1969, ch. 280, sec. 7, p. 833; am. 1974, ch. 20, sec. 17, p. 533; am. 1978, ch. 309, sec. 7, p. 790.]