reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 6 - LOCATION OF MINING CLAIMS › Section 47-612 - MANNER OF RECORDING NOTICES.

47-612. MANNER OF RECORDING NOTICES. The location notice herein required to be recorded must be recorded in the office of the county recorder of the county in which the claim is located (when the legal fee therefor is tendered), in a book kept for that purpose. Said book must be indexed, with the names of all the locators arranged in alphabetical order, according to the family or surname of each.
History:
[(47-612) 1881, p. 262, sec. 6; R.S., sec. 3105; am. 1895, p. 25, sec. 14; reen. 1899, p. 237, sec. 14; reen. R.C. & C.L., sec. 3217; C.S., sec. 5531; am. 1931, ch. 114, sec. 2, p. 195; I.C.A., sec. 46-612; am. 1937, ch. 7, sec. 1, p. 18; am. 1957, ch. 170, sec. 1, p. 305; am. 1970, ch. 92, sec. 12, p. 227; am. 1976, ch. 281, sec. 5, p. 966.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 6 - LOCATION OF MINING CLAIMS › Section 47-613 - CERTAIN SURVEYS MAY QUALIFY AS ANNUAL LABOR.

47-613. CERTAIN SURVEYS MAY QUALIFY AS ANNUAL LABOR. Annual assessment work or labor upon a mining claim as required by the United States mining laws shall be defined to include, without being limited to, geological, geochemical and geophysical surveys conducted by qualified experts and verified by a detailed report filed for record in the office of the county recorder of the county in which the claim is located which sets forth fully (1) the location of the work performed in relation to the boundaries of the claim, (2) the nature, extent, and costs thereof, (3) the basic findings therefrom, and (4) the name, address, and professional background of the person or persons conducting the work. Surveys of this kind, however, may not be applied as labor for more than two (2) consecutive years or for more than a total of five (5) years on any one (1) mining claim, and each of these surveys shall be nonrepetitive of any previous survey on the same claim.
History:
[47-613, added 1970, ch. 92, sec. 18, p. 227.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 6 - LOCATION OF MINING CLAIMS › Section 47-614 - DEFINITIONS.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 6 - LOCATION OF MINING CLAIMS › Section 47-618 - LODE AND PLACER CLAIMS — OFFICIAL PATENT SURVEY AS LABOR ON IMPROVEMENT.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 6 - LOCATION OF MINING CLAIMS › Section 47-619 - LODE AND PLACER CLAIMS — OFFICIAL PATENT SURVEY AS CREDIT ON ANNUAL ASSESSMENT WORK.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 7 - MINERAL RIGHTS IN STATE LANDS › Section 47-701 - RESERVATION OF MINERAL DEPOSITS TO STATE — TERMS DEFINED.

47-701. RESERVATION OF MINERAL DEPOSITS TO STATE — TERMS DEFINED. (1) The terms "mineral lands," "mineral," "mineral deposits," "deposit," and "mineral right," as used in this chapter, and amendments thereto shall be construed to mean and include all coal, oil, oil shale, gas, phosphate, sodium, asbestos, gold, silver, lead, zinc, copper, antimony, geothermal resources, salable minerals, and all other mineral lands, minerals or deposits of minerals of whatsoever kind or character.
(2) Such deposits in lands belonging to the state are hereby reserved to the state and are reserved from sale except upon a rental and royalty basis and except when the surface estate is identified by the state board of land commissioners as having the potential highest and best use for development purposes, such as residential, commercial or industrial purposes. Except for the aforementioned purposes, the purchaser of all other state land shall acquire no right, title or interest in or to such deposits, and the right of such purchaser shall be subject to the reservation of all mineral deposits and to the conditions and limitations prescribed by law providing for the state and persons authorized by it to prospect for, mine, and remove such deposits and to occupy and use so much of the surface of said land as may be required for all purposes reasonably incident to the mining and removal of such deposits therefrom.
(3) An exchange of state land consummated by the board under authority of section 58-138, Idaho Code, shall not be considered a sale of state lands. The transfers of mineral deposits heretofore made in such exchanges are hereby approved.
History:
[(47-701) 1923, ch. 96, sec. 1, p. 115; am. 1925, ch. 220, sec. 1, p. 404; I.C.A., sec. 46-701; am. 1981, ch. 325, sec. 1, p. 676; am. 1986, ch. 81, sec. 1, p. 239; am. 1992, ch. 226, sec. 1, p. 676; am. 2004, ch. 13, sec. 1, p. 10.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 7 - MINERAL RIGHTS IN STATE LANDS › Section 47-701A - DEFINITION.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 7 - MINERAL RIGHTS IN STATE LANDS › Section 47-702 - RIGHT OF EXPLORATION AND WITHDRAWAL.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 7 - MINERAL RIGHTS IN STATE LANDS › Section 47-705 - APPRAISAL OF IMPROVEMENTS — TERM CONSTRUED.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 7 - MINERAL RIGHTS IN STATE LANDS › Section 47-706 - FORFEITURE OF IMPROVEMENTS.

47-706. FORFEITURE OF IMPROVEMENTS. If any mineral lease has been cancelled for a period of one (1) year and a new lease has not issued the improvements upon the property shall revert to and become the property of the state.
History:
[(47-706) 1923, ch. 96, sec. 8, p. 115; I.C.A., sec. 46-708.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 7 - MINERAL RIGHTS IN STATE LANDS › Section 47-707 - FORFEITURE OF LEASES.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 7 - MINERAL RIGHTS IN STATE LANDS › Section 47-708 - RIGHTS AND LIABILITIES OF LESSEES.

47-708. RIGHTS AND LIABILITIES OF LESSEES. A lessee of valuable mineral deposits shall have the right at all times to enter upon the lands described in his lease for prospecting and mining, provided he shall not injure, damage, or destroy the improvements of the surface owner; and the lessee shall be liable to and shall compensate such owner for all damages to the surface of said land and improvements thereon.
Any such lessee may occupy so much of the surface of said land as may be required for all purposes reasonably incident to the mining and removal of the mineral deposits: first, upon securing the written consent or waiver of the surface owner; or, second, upon payment of the damages to the surface of said land and improvements thereon to the owner thereof where agreement may be had as to the amount thereof; or, third, in lieu of either of the foregoing provisions, upon the execution of a good and sufficient bond, or undertaking, to the state of Idaho, for the use and benefit of the owner of the land to secure the payment of such damages, as may be determined and fixed in an action brought upon the bond or undertaking in a court of competent jurisdiction against the principal and sureties thereon, such bond or undertaking to be in the form prescribed by and in accordance with the rules and regulations of the board and to be filed with and approved by the board.
Lessees of mineral lands shall fully protect the rights of all agricultural and grazing leases which have been heretofore, or may be hereafter granted, by erecting and keeping closed gates in all fences which may be opened, and inclosing or keeping covered all shafts, holes or open cuts.
History:
[(47-708) 1923, ch. 96, sec. 10, p. 115; am. 1925, ch. 220, sec. 6, p. 404; I.C.A., sec. 46-710.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 7 - MINERAL RIGHTS IN STATE LANDS › Section 47-709 - MINES OPERATED UNDER LEASE — INSPECTION BY BOARD.

47-709. MINES OPERATED UNDER LEASE — INSPECTION BY BOARD. The state board of land commissioners shall cause inspection to be made by a competent person or persons of all mines or works operated under leases for the production of minerals as often as the board shall deem necessary in the interest of the state, and the board shall have the right at all times to inspect said mines or works.
History:
[(47-709) 1923, ch. 96, sec. 11, p. 115; I.C.A., sec. 46-711.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 7 - MINERAL RIGHTS IN STATE LANDS › Section 47-710 - FORMS, RENTALS, ROYALTIES, AND FEES.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 7 - MINERAL RIGHTS IN STATE LANDS › Section 47-711 - SALE OF STATE LANDS CONTAINING MINERAL DEPOSITS.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 7 - MINERAL RIGHTS IN STATE LANDS › Section 47-712 - APPLICATIONS TO PURCHASE — CERTIFICATES OF PURCHASE.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 7 - MINERAL RIGHTS IN STATE LANDS › Section 47-713 - EFFECT OF PARTIAL INVALIDITY OF CHAPTER.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 7 - MINERAL RIGHTS IN STATE LANDS › Section 47-714 - LEASES OF NAVIGABLE RIVER BEDS AUTHORIZED.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 7 - MINERAL RIGHTS IN STATE LANDS › Section 47-715 - COLLECTION OF ROYALTIES BY BOARD OF LAND COMMISSIONERS.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 7 - MINERAL RIGHTS IN STATE LANDS › Section 47-716 - APPLICABLE ONLY TO DEPOSITS IN NATURAL STATE.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 7 - MINERAL RIGHTS IN STATE LANDS › Section 47-717 - REMOVAL OF COMMERCIAL QUANTITIES WITHOUT LEASE UNLAWFUL.

47-717. REMOVAL OF COMMERCIAL QUANTITIES WITHOUT LEASE UNLAWFUL. It shall be unlawful for any person, association, firm or corporation to remove in commercial quantities any ores, minerals, or deposits from state lands before securing a lease for said lands from the state board of land commissioners. Any person, association, firm or corporation who so removes ores, minerals or deposits shall be liable to the state for treble damages in a civil action.
History:
[(47-717) I.C.A., sec. 46-721, as added by 1937, ch. 124, sec. 6, p. 185; am. 1989, ch. 262, sec. 1, p. 639.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 8 - OIL AND GAS LEASES ON STATE AND SCHOOL LANDS › Section 47-801 - LEASE OF STATE OR SCHOOL LANDS FOR OIL AND GAS DEVELOPMENT — SURFACE RIGHTS.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 8 - OIL AND GAS LEASES ON STATE AND SCHOOL LANDS › Section 47-802 - RULES AND REGULATIONS GOVERNING LEASES AND MINING OPERATIONS.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 8 - OIL AND GAS LEASES ON STATE AND SCHOOL LANDS › Section 47-804 - LIMITATION ON AREA COVERED BY LEASE — RIGHT TO HOLD MORE THAN ONE LEASE.

47-804. LIMITATION ON AREA COVERED BY LEASE — RIGHT TO HOLD MORE THAN ONE LEASE. No single oil and gas lease given and granted under the provisions of this act shall be for an area exceeding one (1) section, provided that one (1) person, firm or corporation may hold more than one lease.
History:
[47-804, added 1937, ch. 130, sec. 4, p. 200; am. 1949, ch. 128, sec. 3, p. 226.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 8 - OIL AND GAS LEASES ON STATE AND SCHOOL LANDS › Section 47-805 - ANNUAL RENTAL — AMOUNT — MINIMUM ROYALTY.

47-805. ANNUAL RENTAL — AMOUNT — MINIMUM ROYALTY. Oil and gas leases shall be issued at an annual rental of not less than twenty-five cents (25¢) per acre, payable in advance, and royalty on oil and gas lands shall not be less than twelve and one-half per cent (12 1/2%) of oil and/or gas produced and saved from said lands under said lease. Royalties shall be paid in addition to rental payments, at the discretion of the board of land commissioners.
History:
[47-805, added 1937, ch. 130, sec. 5, p. 200; am. 1949, ch. 128, sec. 4, p. 226; am. 1974, ch. 106, sec. 1, p. 1246; am. 1985, ch. 125, sec. 1, p. 309.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 8 - OIL AND GAS LEASES ON STATE AND SCHOOL LANDS › Section 47-806 - LEASE OF LANDS FOR GRAZING OR AGRICULTURAL PURPOSES — RIGHTS OF LESSEE UNDER OIL OR GAS LEASE.

47-806. LEASE OF LANDS FOR GRAZING OR AGRICULTURAL PURPOSES — RIGHTS OF LESSEE UNDER OIL OR GAS LEASE. The state board of land commissioners shall have the right to lease state or school lands for grazing or agriculture purposes, as otherwise provided, and to issue oil and gas leases covering lands leased for grazing or agricultural purposes, provided, however, that the lessee under any oil and gas lease issued under the provisions of this act 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 of ingress and egress at all times during the term of said lease.
History:
[47-806, added 1937, ch. 130, sec. 6, p. 200.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 8 - OIL AND GAS LEASES ON STATE AND SCHOOL LANDS › Section 47-807 - ASSIGNMENT OR TRANSFER OF LEASES RESTRICTED.

47-807. ASSIGNMENT OR TRANSFER OF LEASES RESTRICTED. No oil and gas lease made under the provisions of this act shall be assignable or transferable except upon the written consent of the board.
History:
[47-807, added 1937, ch. 130, sec. 7, p. 200.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 8 - OIL AND GAS LEASES ON STATE AND SCHOOL LANDS › Section 47-808 - BOND.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 8 - OIL AND GAS LEASES ON STATE AND SCHOOL LANDS › Section 47-809 - CANCELLATION OF OIL AND GAS LEASES FOR NONCOMPLIANCE WITH CONDITIONS — PROCEDURE — TERMINATION OF LEASE BY LESSEE.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 8 - OIL AND GAS LEASES ON STATE AND SCHOOL LANDS › Section 47-810 - GRANTS EXECUTED IN ACCORDANCE WITH CONSTITUTION.

47-810. GRANTS EXECUTED IN ACCORDANCE WITH CONSTITUTION. All grants and permissions under this act shall be executed as required by the Constitution of the State of Idaho, Article IV, Section 16.
History:
[47-810, added 1937, ch. 130, sec. 10, p. 200.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 8 - OIL AND GAS LEASES ON STATE AND SCHOOL LANDS › Section 47-811 - COOPERATIVE DEVELOPMENT OF OIL AND GAS LANDS.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 8 - OIL AND GAS LEASES ON STATE AND SCHOOL LANDS › Section 47-812 - APPLICATION OF SECTION 47-707 LIMITED.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 9 - RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES › Section 47-901 - RIGHT OF WAY FOR MINING PURPOSES.

47-901. RIGHT OF WAY FOR MINING PURPOSES. The owner, locator or occupant of a mining claim, whether patented under the laws of the United States or held by location or possession, may have and acquire a right of way for ingress and egress, when necessary in working such mining claim, over and across the lands or mining claims of others, whether patented or otherwise.
History:
[(47-901) 1876, p. 70, sec. 1; R.S., sec. 3130; reen. R.C. & C.L., sec. 3223; C.S., sec. 5537; I.C.A., sec. 46-801.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 9 - RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES › Section 47-902 - RIGHT OF WAY FOR MINING PURPOSES — RAILROADS, DITCHES, AND TUNNELS.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 9 - RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES › Section 47-903 - ACTION TO CONDEMN RIGHT OF WAY.

47-903. ACTION TO CONDEMN RIGHT OF WAY. When the owner, claimant or occupant of any mine or mining claim desires to work the same, and it is necessary, to enable him to do so successfully and conveniently, that he have a right of way for any of the purposes mentioned in the foregoing sections, if such right of way cannot be acquired by agreement with the claimant or owner of the lands or claims over, under, through, across or upon which he seeks to acquire such right of way, he may commence an action in the district court in and for the county in which such right of way, or some part thereof, is situated, by filing a verified complaint containing a particular description of the character and extent of the right sought, a description of the mine or claim of the plaintiff, and of the mine or claim and lands to be affected by such right of way or privilege, with the name of the occupant or owner thereof. He may also set forth any tender of compensation that he may have made, and demand the relief sought.
History:
[(47-903) 1876, p. 70, sec. 3; R.S., sec. 3132; am. 1899, p. 350, sec. 1; reen. R.C. & C.L., sec. 3225; C.S., sec. 5539; I.C.A., sec. 46-803.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 9 - RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES › Section 47-904 - ISSUANCE AND SERVICE OF SUMMONS.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 9 - RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES › Section 47-905 - APPOINTMENT OF COMMISSIONERS — TRIAL BY COURT IF COMMISSIONERS NOT APPOINTED.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 9 - RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES › Section 47-906 - OATH, VIEW, AND REPORT OF COMMISSIONERS.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 9 - RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES › Section 47-907 - SETTING ASIDE REPORT.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 9 - RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES › Section 47-908 - RIGHTS UPON PAYMENT OF DAMAGES.

47-908. RIGHTS UPON PAYMENT OF DAMAGES. Upon the payment of the sum assessed as damages as aforesaid, to the persons to whom it is awarded, or a tender thereof to them, then the person petitioning as aforesaid, is entitled to the right of way prayed for in his petition, and may immediately proceed to occupy the same and erect thereon such works and structures, and make therein such excavations, as may be necessary to the use and enjoyment of the right of way so awarded.
History:
[(47-908)1876, p. 70, sec. 8; R.S., sec. 3137; reen. R.C. & C.L., sec. 3230; C.S., sec. 5544; I.C.A., sec. 46-808.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 9 - RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES › Section 47-909 - APPEAL FROM COMMISSIONERS’ AWARD — BOND.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 9 - RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES › Section 47-910 - TRIAL ON APPEAL.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 9 - RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES › Section 47-911 - EFFECT OF APPEAL — BOND AND DEPOSIT OF DAMAGES.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 9 - RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES › Section 47-912 - COSTS OF APPEAL.

47-912. COSTS OF APPEAL. If the defendant recover judgment against the necessity of the easement, or for fifty dollars ($50.00) more damages than the plaintiff has tendered him as provided in the next section, or for fifty dollars ($50.00) more damages than the commissioners or judgment of the district court awarded him, he shall recover the costs of the appeal, otherwise he must pay all such costs.
History:
[(47-912) 1876, p. 70, sec. 12; R.S., sec. 3141; am. 1899, p. 350, sec. 5; reen. R.C. & C.L., sec. 3234; C.S., sec. 5548; I.C.A., sec. 46-812.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 9 - RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES › Section 47-913 - COSTS OF PROCEEDINGS.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 10 - MINING TUNNELS › Section 47-1001 - RIGHT TO CROSS LOCATED CLAIM.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 10 - MINING TUNNELS › Section 47-1002 - OWNER OF INTERSECTED CLAIM MAY INSPECT TUNNEL.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 10 - MINING TUNNELS › Section 47-1003 - TITLE TO ORE TAKEN FROM INTERSECTED CLAIM.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 10 - MINING TUNNELS › Section 47-1004 - BURDEN OF PROOF AS TO DISCOVERED VEIN.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 11 - PROCEEDING BY LIENHOLDER UPON UNPATENTED MINING CLAIM TO PREVENT FORFEITURE › Section 47-1101 - ORDER FOR PERFORMANCE OF ASSESSMENT WORK.

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.]