reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1022 - LOCAL GOVERNMENTS MAY ADOPT FLOODPLAIN ZONING ORDINANCES.

46-1022. LOCAL GOVERNMENTS MAY ADOPT FLOODPLAIN ZONING ORDINANCES. Subject to the availability of adequate mapping and data to properly identify the floodplains, if any, within its jurisdiction, each local government is encouraged to adopt a floodplain map and floodplain management ordinance which identifies these floodplains and which requires, at a minimum, that any development in a floodplain must be constructed at a flood protection elevation and/or have adequate floodproofing. The local government may regulate all mapped and unmapped floodplains within its jurisdiction. Nothing in this act shall prohibit a local government from adopting more restrictive standards than those contained in this chapter. Floodplain zoning ordinances shall not regulate the operation, cleaning, maintenance or repair of any ditch, canal, lateral, drain, diversion structure or other irrigation or drainage works that is performed or authorized by the owner thereof pursuant to lawful rights and obligations. If not otherwise exempt from approval, a flood control district’s conduct of a "flood fight," as defined in section 42-3103, Idaho Code, shall not require prior local government approval provided all such approvals are obtained within a reasonable time after the imminent flooding event has ended.
History:
[46-1022, added 1998, ch. 301, sec. 1, p. 994; am. 2010, ch. 141, sec. 2, p. 299; am. 2014, ch. 72, sec. 6, p. 188.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1023 - ENFORCEMENT AND SANCTIONS.

46-1023. ENFORCEMENT AND SANCTIONS. (1) Development constructed or maintained in violation of any local floodplain management ordinance that conforms to the provisions of this chapter is hereby declared to be a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action of the state, any local unit of government of the state or any citizen thereof.
(2) If, after the effective date of this chapter, a local government allows any development in a floodplain below the flood protection elevation without adequate floodproofing, that development shall not, in the event of a disaster emergency involving flooding in that floodplain, be eligible to receive any matching funds from the state for any federal disaster assistance program which may be available as a result of said flooding in that floodplain. The owner of the development will be required to rely on flood insurance to insure their property against the risk of loss incurred by their development in the floodplain in contravention of the intent of this chapter.
History:
[46-1023, added 1998, ch. 301, sec. 1, p. 994.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1024 - SEVERABILITY.

46-1024. SEVERABILITY. If any provision of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of the chapter are severable.
History:
[46-1024, added 1998, ch. 301, sec. 1, p. 995.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1025 - FEDERAL FUNDS TO POLITICAL SUBDIVISIONS.

46-1025. FEDERAL FUNDS TO POLITICAL SUBDIVISIONS. (1) Annually, the chief of the Idaho office of emergency management shall prepare a written summary of all grants received from the federal emergency management agency to be distributed to the forty-four (44) county commission chairmen. The summary shall list those federal funds that are eligible for direct assistance to local disaster agencies in accordance with section 46-1009(2), Idaho Code, and those funds that are limited to use by the state and not eligible for direct assistance to local disaster agencies.
(2) Not less than thirty-four percent (34%) of the eligible direct assistance funds shall be subgranted by the Idaho office of emergency management to the local disaster agencies. Funds shall be distributed to the local disaster agencies subject to the provisions and rules of the Idaho office of emergency management, the federal emergency management agency through the Robert T. Stafford Act, title 44 of the code of federal regulations, and pertinent circulars published by the United States office of management and budget.
(3) Direct financial assistance to the local disaster agencies is not an entitlement. Subgrants are awarded through the Idaho office of emergency management for the purpose of assisting counties to achieve goals and objectives outlined in an approved county grant proposal.
History:
[46-1025, added 2000, ch. 442, sec. 2, p. 1403; am. 2004, ch. 58, sec. 12, p. 276; am. 2016, ch. 118, sec. 18, p. 340.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1026 - DEFINITIONS.

46-1026. DEFINITIONS. As used in this section and section 46-1027, Idaho Code, the following terms shall have the following meanings:
(1) "Idaho technical rescue (ITR) teams" means a specialized team or group of teams formed pursuant to this section and section 46-1027, Idaho Code, organized with capabilities established under the federal emergency management agency national resource typing system in order to assist in the removal of trapped victims in emergency situations including, but not limited to, collapsed structures, confined spaces, trench excavations, elevated locations and other technical rescue situations.
(2) "Specialty rescue team (SRT)" means a specialized team, formed pursuant to this section and section 46-1027, Idaho Code, organized to provide technical rescue assistance to supplement and work under first responders and local incident commanders including, but not limited to, cave rescue, mine and tunnel rescue and vehicle/machinery extrication and swift water/flood teams. Such teams shall be aligned with one (1) or more of the categories within the federal emergency management agency’s national resource typing system.
(3) "Idaho incident management and support teams (IIMAST)" means a type 3 incident management team, which is a multiagency/multijurisdiction team for extended incidents, formed and managed at the state, regional or metropolitan level deployed as a team of trained personnel to manage major and/or complex incidents requiring a significant number of local, regional and state resources and incidents that extend into multiple operational periods and require a written incident action plan (IAP) that may be utilized at all hazard type incidents. These teams may initially manage larger, more complex incidents prior to arrival of and transition to a type 2 or type 1 incident management team (IMT) under the direction of the agency having the jurisdiction.
(4) "Person" shall have the definition ascribed to it in section 46-1021, Idaho Code.
History:
[46-1026, added 2010, ch. 179, sec. 2, p. 367.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 11 - IDAHO CODE OF MILITARY JUSTICE › Section 46-1101 - SHORT TITLE.

46-1101. SHORT TITLE. This act may be cited and referred to as the "Idaho Code of Military Justice."
History:
[46-1101, added 2015, ch. 268, sec. 2, p. 1078.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 11 - IDAHO CODE OF MILITARY JUSTICE › Section 46-1104 - REGULATORY AUTHORITY.

46-1104. REGULATORY AUTHORITY. The adjutant general shall have authority to promulgate such regulations as he deems necessary and proper to carry out the intent of this code.
History:
[46-1104, added 2015, ch. 268, sec. 2, p. 1121.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 11 - IDAHO CODE OF MILITARY JUSTICE › Section 46-1105 - IMMUNITY.

46-1105. IMMUNITY. All persons acting under the provisions of this chapter, whether as a member of the military or as a civilian, shall be immune from any personal liability for any of their acts or omissions which they did or failed to do as part of their duties under this chapter.
History:
[46-1105, added 2015, ch. 268, sec. 2, p. 1121.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 11 - IDAHO CODE OF MILITARY JUSTICE › Section 46-1106 - SEVERABILITY.

46-1106. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.
History:
[46-1106, added 2015, ch. 268, sec. 2, p. 1121.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 2 - IDAHO GEOLOGICAL SURVEY › Section 47-201 - GEOLOGICAL SURVEY CREATED — PURPOSE — ADVISORY BOARD.

47-201. GEOLOGICAL SURVEY CREATED — PURPOSE — ADVISORY BOARD. There is hereby created the Idaho geological survey, to be administered as a special program at the university of Idaho under the authority of the board of regents of the university of Idaho. The survey shall be the lead state agency for the collection, interpretation, and dissemination of geologic and mineral data for Idaho. Such information is to be acquired through field and laboratory investigations by the staff of the survey and through cooperative programs with other governmental and private agencies. There is hereby established an advisory board for the survey, consisting of the following members: The director of the survey and board chairperson (nonvoting); the chair of the department of geosciences at Boise state university; the chair of the department of geosciences at Idaho state university; the chair of the department of geological sciences at the university of Idaho; a representative from the mining and mineral processing industry selected by the director; the governor of the state of Idaho or his designated representative; a member of the board of land commissioners or their designated representative; the president or his designee of the Idaho association of professional geologists; and two (2) members at large selected by the director from other state or federal organizations, or from the private sector with a direct interest in the survey’s programs, both serving two (2) year staggered terms; all of whom shall serve as members of the said board and shall be compensated as provided by section 59-509(b), Idaho Code.
History:
[(47-201) 1919, ch. 54, sec. 1, p. 163; C.S., sec. 5481; I.C.A., sec. 46-201; am. 1933, ch. 22, sec. 1, p. 29; am. 1974, ch. 17, sec. 26, p. 308; am. 1980, ch. 247, sec. 45, p. 614; am. 1984, ch. 101, sec. 1, p. 229; am. 2003, ch. 46, sec. 1, p. 175.; am. 2010, ch. 67, sec. 1, p. 116.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 2 - IDAHO GEOLOGICAL SURVEY › Section 47-202 - MEETINGS — OFFICE — STATE GEOLOGIST.

47-202. MEETINGS — OFFICE — STATE GEOLOGIST. The advisory board shall hold an annual meeting at the university of Idaho, Boise state university or Idaho state university and such other meetings as it may determine. The chief office of said survey shall be maintained at the university of Idaho. The director of the survey shall report to the president of the university of Idaho through the vice president for research at the university of Idaho. The director, or a professional geologist in the survey if so appointed by the director, is designated state geologist.
History:
[(47-202) 1919, ch. 54, sec. 2, p. 163; C.S., sec. 5482; I.C.A., sec. 46-202; am. 1974, ch. 17, sec. 27, p. 308; am. 1984, ch. 101, sec. 2, p. 230; am. 2003, ch. 46, sec. 2, p. 175.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 2 - IDAHO GEOLOGICAL SURVEY › Section 47-203 - DUTIES — PUBLICATIONS — COOPERATION WITH OTHER AGENCIES — SATELLITE OFFICES.

47-203. DUTIES — PUBLICATIONS — COOPERATION WITH OTHER AGENCIES — SATELLITE OFFICES. It shall be the duty of the said state survey to conduct statewide studies in the field; laboratory studies; prepare and publish reports on the geology, hydrogeology, geologic hazards and mineral resources of the state; fix a price upon printed reports not used in exchange with other state bureaus or surveys, universities or public libraries, and deposit receipts from sales in a printing fund to be used for the preparation and publication of reports of the survey, and for no other purpose. The survey shall be allowed to seek and accept funded projects from and cooperative programs with other agencies for support of the survey’s research and service activities as authorized by the board of regents. All funds received from these projects shall be used for said projects and services. The survey shall be allowed to have satellite offices at the geology departments of Boise state university and Idaho state university.
History:
[(47-203) 1919, ch. 54, sec. 3, p. 163; C.S., sec. 5483; I.C.A., sec. 46-203; am. 1933, ch. 22, sec. 2, p. 29; am. 1974, ch. 17, sec. 28, p. 308; am. 1984, ch. 101, sec. 3, p. 230; am. 2003, ch. 46, sec. 3, p. 175.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 2 - IDAHO GEOLOGICAL SURVEY › Section 47-204 - REPORTS.

47-204. REPORTS. The state geological survey shall annually, on or before the first day of January, make to the governor of the state and to the president of the university of Idaho a report detailing major events during the previous year concerning the geology and mineral resources of the state, a report of its expenditures and of the work of said survey during the preceding year, and budget requests for the following year; and it shall make a similar report of its doings and its expenditures to the state legislature through the legislative council.
History:
[(47-204) 1919, ch. 54, sec. 5, p. 164; C.S., sec. 5484; I.C.A., sec. 46-204; am. 1974, ch. 17, sec. 29, p. 308; am. 1984, ch. 101, sec. 4, p. 231.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 3 - OIL AND GAS WELLS — GEOLOGIC INFORMATION, AND PREVENTION OF WASTE › Section 47-306 - PRESERVATION AND USE OF SAMPLES AND RECORDS — REPORTS OF DETERMINATIONS AND IDENTIFICATIONS.

47-306. PRESERVATION AND USE OF SAMPLES AND RECORDS — REPORTS OF DETERMINATIONS AND IDENTIFICATIONS. The Idaho geological survey shall preserve any samples or records deposited with it pertaining to mineral, oil or gas resources, exploration or production on lands within the state. The Idaho geological survey may use such samples or records to assist with mineral and petroleum assessments and characterization of geologic resources as part of its mission and directive to determine the geology, hydrogeology, geologic hazards, and mineral, oil and gas resources of the state. On request, the Idaho geological survey shall supply to the owner or owners of the samples or records a report of any such determinations and identifications specific to the samples or records provided by the owner or owners of the samples or records.
History:
[(47-306) 1931, ch. 115, sec. 6, p. 196; I.C.A., sec. 46-306; am. 2009, ch. 11, sec. 15, p. 26; am. 2016, ch. 194, sec. 1, p. 541.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 3 - OIL AND GAS WELLS — GEOLOGIC INFORMATION, AND PREVENTION OF WASTE › Section 47-307 - USE OF INFORMATION.

47-307. USE OF INFORMATION. The Idaho geological survey is hereby authorized to utilize in its study of regional geology, mineral deposits, industrial minerals and aggregates, oil and gas resources, and groundwater resources, in its dissemination of geological and mineral data, and in its publication of reports and maps on the geology and mineral resources of the state, any information derived from samples and records deposited with it. The Idaho geological survey shall not disclose any record, or any information contained therein, if the record or information is exempt from disclosure under the Idaho public records act, chapter 1, title 74, Idaho Code, or is subject to a confidentiality agreement between the Idaho geological survey and the owner or owners of the records or information. Should a confidentiality or data-sharing agreement exist, the terms of that agreement shall control any disclosure by the Idaho geological survey. For information that becomes publicly available or that is not exempt from disclosure under the Idaho public records act, the existence of a confidentiality or data-sharing agreement will not extend the period of confidentiality beyond that available under the Idaho public records act. Subject to any confidentiality or data-sharing agreement, the Idaho geological survey is authorized to share such records or information obtained under section 47-306, Idaho Code, or information derived therefrom, with the Idaho oil and gas conservation commission and the Idaho department of lands, in furtherance of the respective authorized functions of the commission and the Idaho department of lands. The sharing of information between the Idaho geological survey, the oil and gas conservation commission and the Idaho department of lands shall not render the shared information subject to disclosure to other persons under the Idaho public records act.
History:
[(47-307) 1931, ch. 115, sec. 7, p. 196; I.C.A., sec. 46-307; am. 2009, ch. 11, sec. 16, p. 26; am. 2016, ch. 194, sec. 2, p. 542.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 3 - OIL AND GAS WELLS — GEOLOGIC INFORMATION, AND PREVENTION OF WASTE › Section 47-309 - TITLE.

47-309. TITLE. This act may be cited as the Oil and Gas Conservation Act.
History:
[(47-309) 47-329, added 1963, ch. 148, sec. 16, p. 433; am. and redesig. 2017, ch. 271, sec. 1, p. 678.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 3 - OIL AND GAS WELLS — GEOLOGIC INFORMATION, AND PREVENTION OF WASTE › Section 47-311 - PUBLIC INTEREST.

47-311. PUBLIC INTEREST. It is declared to be in the public interest to foster, encourage and promote the development, production and utilization of natural resources of oil and gas in the state of Idaho in such a manner as will prevent waste; to provide for uniformity and consistency in the regulation of the production of oil and gas throughout the state of Idaho; to authorize and to provide for the operations and development of oil and gas properties in such a manner that a greater ultimate recovery of oil and gas may be obtained and that the correlative rights of all owners be fully protected; to encourage, authorize and provide for voluntary agreements for cycling, recycling, pressure maintenance and secondary recovery operations in order that the greatest possible economic recovery of oil and gas may be obtained within the state to the end that the land owners, the royalty owners, the producers and the general public may realize and enjoy the greatest possible good from these vital natural resources.
History:
[(47-311) 47-315, added 1963, ch. 148, sec. 1, p. 433; am. 2012, ch. 111, sec. 1, p. 302; am. and redesig. 2017, ch. 271, sec. 3, p. 681.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 3 - OIL AND GAS WELLS — GEOLOGIC INFORMATION, AND PREVENTION OF WASTE › Section 47-312 - ACT NOT CONSTRUED TO RESTRICT PRODUCTION — WASTE PROHIBITED.

47-312. ACT NOT CONSTRUED TO RESTRICT PRODUCTION — WASTE PROHIBITED. It is not the intent or purpose of this law to require the proration or distribution or the production of oil and gas among the fields of Idaho on the basis of market demand. This act shall never be construed to require, permit, or authorize the commission or any court to make, enter, or enforce any order, rule, regulation or judgment requiring restriction of production due to market demand of any pool or of any well (except as provided in section 47-315, Idaho Code, hereof) to an amount less than the well or pool can produce without waste in accordance with sound engineering practices. The waste of oil and gas or either of them as defined in this chapter is hereby prohibited.
History:
[(47-312) 47-328, added 1963, ch. 148, sec. 14, p. 433; am. 2012, ch. 73, sec. 5, p. 215; am. and redesig. 2017, ch. 271, sec. 4, p. 681.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 3 - OIL AND GAS WELLS — GEOLOGIC INFORMATION, AND PREVENTION OF WASTE › Section 47-313 - LANDS SUBJECT TO THIS ACT.

47-313. LANDS SUBJECT TO THIS ACT. This act shall apply to all lands located in the state, however owned, including any lands owned or administered by any government or any agency or political subdivision thereof, including lands of the United States, or lands subject to the jurisdiction of the United States over which the state of Idaho has police power, except to the degree that it is inharmonious with the uses, activities or regulations of the United States, and furthermore, the same shall apply to any lands committed to a unit agreement approved by the secretary of the interior or his duly authorized representative, except that the commission may, with respect to such unit agreement, suspend the application of this act or any part of this act so long as the conservation of oil and gas and the prevention of waste as in this act provided is accomplished under such unit agreements, but such suspension shall not relieve any operator from making such reports as may be required by the commission with respect to operations under any such unit agreement.
History:
[(47-313) 47-327, added 1963, ch. 148, sec. 13, p. 433; am. and redesig. 2017, ch. 271, sec. 5, p. 681.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 3 - OIL AND GAS WELLS — GEOLOGIC INFORMATION, AND PREVENTION OF WASTE › Section 47-319 - SETBACKS.

47-319. SETBACKS. (1) Except as provided in this section, oil and gas wells, tank batteries and gas processing facilities shall not be constructed within three hundred (300) feet of an existing occupied structure, domestic water well, canal, ditch or the natural or ordinary high-water mark of surface waters or within fifty (50) feet of a highway.
(2) Oil and gas wells, tank batteries and gas processing facilities may be constructed less than three hundred (300) feet but more than one hundred (100) feet from an existing occupied structure, domestic water well, canal or ditch if the operator has obtained the express written permission from the owner of the occupied structure, domestic water well, canal or ditch.
History:
[47-319, added 2017, ch. 271, sec. 12, p. 689.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 3 - OIL AND GAS WELLS — GEOLOGIC INFORMATION, AND PREVENTION OF WASTE › Section 47-322 - OIL AND GAS METERING SYSTEMS.

47-322. OIL AND GAS METERING SYSTEMS. (1) Each meter shall be properly constructed, maintained, repaired and operated to continually and accurately register the quantity of oil and gas produced from the well.
(2) The meter shall be installed, used and operated according to industry standards and guidelines promulgated by the American petroleum institute, American gas association, and the gas processors association that are in effect at the time of installation of the meter. If standards conflict, the most current American petroleum institute standard shall apply.
(3) All custody transfer meters and all allocation meters used in the allocation of custody transfer volumes shall be calibrated by a third party at least quarterly in each calendar year. The records of calibrations shall be maintained by the operator of the meter for at least five (5) years and copies shall be submitted to the department.
History:
[47-322, added 2017, ch. 271, sec. 15, p. 696.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 3 - OIL AND GAS WELLS — GEOLOGIC INFORMATION, AND PREVENTION OF WASTE › Section 47-323 - COMMINGLING OF PRODUCTION.

47-323. COMMINGLING OF PRODUCTION. A producer shall not, prior to metering, commingle production from two (2) or more oil and gas wells without prior approval from the department after notice and opportunity for hearing.
History:
[47-323, added 2017, ch. 271, sec. 16, p. 696.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 3 - OIL AND GAS WELLS — GEOLOGIC INFORMATION, AND PREVENTION OF WASTE › Section 47-325 - FALSIFICATION OF RECORDS — LIMITATION OF ACTIONS.

47-325. FALSIFICATION OF RECORDS — LIMITATION OF ACTIONS. (1) Any person who, for the purpose of evading this act or any rule, regulation or order of the commission shall make or cause to be made any false entry in any report, record, account, or memorandum required by this act, or by any such rule, regulation or order, or shall omit, or cause to be omitted, from any such report, record, account, or memorandum, full, true and correct entries as required by this act, or by any such rule, regulation or order, or shall remove from this state or destroy, mutilate, alter or falsify any such record, account, or memorandum, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than five thousand dollars ($5,000) or imprisonment for a term not exceeding twelve (12) months, or to both such fine and imprisonment.
(2) No suit, action or other proceeding based upon a violation of this act or any rule, regulation or order of the commission hereunder shall be commenced or maintained unless same shall have been commenced within one (1) year from date of the alleged violation. Provided however, the provisions of this subsection shall not apply to actions governed by the provisions of chapter 52, title 67, Idaho Code.
History:
[(47-325) 47-326, added 1963, ch. 148, sec. 12, p. 433; am. 2012, ch. 73, sec. 4, p. 214; am. and redesig. 2017, ch. 271, sec. 18, p. 697.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 3 - OIL AND GAS WELLS — GEOLOGIC INFORMATION, AND PREVENTION OF WASTE › Section 47-326 - PUBLIC DATA.

47-326. PUBLIC DATA. (1) Subject only to any applicable provisions of section 47-327, Idaho Code, the following data is public information that shall not be considered trade secret information under chapter 8, title 48, Idaho Code, nor be exempt from public records disclosure under chapter 1, title 74, Idaho Code. Except as provided in section 47-327, Idaho Code, the department shall, upon receipt of the information, make publicly available all data under this section on its website without requiring any person to submit a public records request:
(a) All reports required under section 47-324(1) through (5), Idaho Code;
(b) All well survey location plats; and
(c) All state-required permits, except seismic data.
(2) The department shall provide complete internet access to all documents in subsection (1) of this section, not granted confidential status, on its website.
(3) A claim to exempt data from disclosure shall be supported and accompanied by a specific citation to the law authorizing an exemption from disclosure and an explanation of how the data meets the standards for being withheld from disclosure. When a portion of a record or a portion of a page in that record is subject to disclosure and the other portion is subject to a claim that it is exempt from disclosure under this chapter or chapter 1, title 74, Idaho Code, the person making the claim must clearly identify the portion claimed as exempt and the portion not claimed as exempt from disclosure at the time of submittal.
History:
[47-326, added 2017, ch. 271, sec. 19, p. 698; am. 2023, ch. 283, sec. 10, p. 862.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 3 - OIL AND GAS WELLS — GEOLOGIC INFORMATION, AND PREVENTION OF WASTE › Section 47-327 - CONFIDENTIALITY OF WELL AND TRADE INFORMATION.

47-327. CONFIDENTIALITY OF WELL AND TRADE INFORMATION. (1) Information that shall be held confidential from the public includes logs of a well granted confidential well status pursuant to subsection (2) of this section, electrical or radioactivity logs, electromagnetic or magnetic surveys, core descriptions and analyses, and geophysically or geologically derived subsurface maps. Seismic data shall remain confidential from all parties at the discretion of the operator due to the nature of purchasing and licensing such data.
(2) An operator may request confidential well status at the time of filing an application for a permit to drill. The information in the application form itself will not be confidential.
(a) Confidential status shall be granted and shall include all pertinent data and information relating to drilling completion and testing the well. Such information shall be kept confidential from the public for a period of one hundred eighty (180) days after completion of the well.
(b) Well test results shall be kept confidential from the public for a period of one hundred eighty (180) days after completion of the test.
(c) No extensions shall be allowed beyond the one hundred eighty (180) day confidentiality period.
(3) An operator may request that well logs for a well with confidential well status be held confidential.
(a) To obtain confidential treatment of a well log, the operator of the well shall place the log in an envelope, noting log readings and marked "confidential."
(b) An operator may request, and the department may grant, an additional six (6) months of confidentiality for well logs.
(c) Confidential status for a well log shall terminate six (6) months after the run date on the log or, in the case of an extension, twelve (12) months after the run date on the log. Confidential status for a well log shall not continue for a period in excess of twelve (12) months after the run date on the log.
(4) The state tax commission, the oil and gas conservation commission, the Idaho geological survey and other state agencies shall share oil and gas records when necessary for those agencies to carry out their duties assigned by law, regardless of whether the records are held confidential from the public under this section. This sharing of records shall not render the shared records subject to disclosure to the public under the public records act.
(5) All state agencies, state employees, contract personnel, temporary personnel and their agents or affiliates shall be governed by the confidentiality provisions of this section and shall be subject to sections 74-117 and 74-118, Idaho Code, should any information or records protected under statute be disclosed.
History:
[47-327, added 2017, ch. 271, sec. 20, p. 698; am. 2023, ch. 283, sec. 11, p. 862.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 3 - OIL AND GAS WELLS — GEOLOGIC INFORMATION, AND PREVENTION OF WASTE › Section 47-331 - OBLIGATION TO PAY ROYALTIES AS ESSENCE OF CONTRACT — INTEREST.

47-331. OBLIGATION TO PAY ROYALTIES AS ESSENCE OF CONTRACT — INTEREST. (1) The obligation arising under an oil and gas lease to pay oil and gas royalties to the royalty owner or the owner’s assignee, to deliver oil and gas to an end purchaser to the credit of the royalty owner or the owner’s assignee, or to pay a portion of the proceeds of the sale of the oil and gas to the royalty owner or the owner’s assignee is of the essence in the lease contract.
(2) Unless otherwise agreed by the parties:
(a) A royalty of no less than twelve and one-half percent (12.5%) of the oil and gas or natural gas plant liquids produced and saved shall be paid. The lessee shall make payments in legal tender unless written instructions for payment in kind have been provided.
(b) Royalty shall be due on all production sold from the leased premises except on that consumed for the direct operation of the producing wells and that lost through no fault of the lessee.
(3) If the operator under an oil and gas lease fails to pay oil and gas royalties to the royalty owner or the owner’s assignee within one hundred twenty (120) days after the first production of oil and gas under the lease is marketed, or within sixty (60) days for all oil and ninety (90) days for all gas produced and marketed thereafter, the unpaid royalties shall bear interest at the maximum rate of interest authorized under section 28-22-104(1), Idaho Code, from the date due until paid. Provided, however, that whenever the aggregate amount of royalties due to a royalty owner for a twelve (12) month period is less than one hundred dollars ($100), the operator may remit the royalties on an annual basis without any interest due.
(4) A royalty owner seeking a remedy for failure to make payments under the lease or seeking payments under this section may file a complaint with the commission or may bring an action in the district court pursuant to section 47-333, Idaho Code. The prevailing party in any proceeding brought under this section is entitled to recover court costs and reasonable attorney’s fees.
(5) This section does not apply if a royalty owner or the owner’s assignee has elected to take the owner’s or assignee’s proportionate share of production in kind or if there is a dispute as to the title of the minerals or entitlement to royalties, the outcome of which would affect distribution of royalty payments.
History:
[47-331, added 2017, ch. 271, sec. 24, p. 704; am. 2023, ch. 283, sec. 13, p. 865.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 3 - OIL AND GAS WELLS — GEOLOGIC INFORMATION, AND PREVENTION OF WASTE › Section 47-332 - REPORTS TO ROYALTY OWNERS.

47-332. REPORTS TO ROYALTY OWNERS. (1) Each royalty payment shall be accompanied by an oil and gas royalty check stub that includes the following information:
(a) Lease or well identification;
(b) Month and year of sales included in the payment;
(c) Total volumes of oil, condensate, natural gas liquids or other liquids sold in barrels or gallons, and gas in MCF;
(d) Price per barrel, gallon, or MCF, including British thermal unit adjustment of gas sold;
(e) Severance taxes attributable to said interest;
(f) Net value of total sales attributed to such payment after deduction of severance taxes;
(g) Owner’s interest in the well, expressed as a decimal to eight (8) places;
(h) Royalty owner’s share of the total value of sales attributed to the payment before any deductions;
(i) Royalty owner’s share of the sales value attributed to the payment, less the owner’s share of the severance taxes;
(j) An itemized list of any other deductions; and
(k) An address at which additional information pertaining to the royalty owner’s interest in production may be obtained and questions may be answered. If information is requested by certified mail, an answer must be mailed by certified mail within thirty (30) days of receipt of the request.
(2) All revenue decimals shall be calculated to at least eight (8) decimal places.
(3) All oil and gas volumes shall be measured by certified and proved meters.
(4) The lessee must maintain, for a period of five (5) years, and make available to the lessor upon request, copies of all documents, records or reports confirming the gross production, disposition and market value including gas meter readings, pipeline receipts, gas line receipts and other checks or memoranda of the amount produced and put into pipelines, tanks, or pools and gas lines or gas storage, and any other reports or records that the lessor may require to verify the gross production, disposition and market value.
History:
[47-332, added 2017, ch. 271, sec. 25, p. 705.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 3 - OIL AND GAS WELLS — GEOLOGIC INFORMATION, AND PREVENTION OF WASTE › Section 47-333 - ACTION FOR ACCOUNTING FOR ROYALTY.

47-333. ACTION FOR ACCOUNTING FOR ROYALTY. (1) Whenever an owner of a royalty interest makes a written demand for an accounting of the oil and gas produced, but no more frequently than once every twenty-four (24) months, and makes written demand for delivery or payment of his royalty as may then be due upon the person or persons obligated for the delivery or payment of the royalty, and the obligated persons then fail to make the accounting demanded and the payment or delivery of the royalty due within a period of ninety (90) days following the date upon which the demand is made, then the royalty owner may file an action in the district court of the county wherein the lands are located to compel the accounting demanded and to recover the payment or delivery of the royalty due against the person or persons obligated.
(2) In such an action, the prevailing party or parties shall be entitled to reasonable attorney’s fees to be allowed by the court, together with the costs allowed to a prevailing party, pursuant to section 12-120, Idaho Code.
(3) The remedies under this section are not exclusive and do not abrogate any right or remedy under other laws of this state.
History:
[47-333, added 2017, ch. 271, sec. 26, p. 706.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 3 - OIL AND GAS WELLS — GEOLOGIC INFORMATION, AND PREVENTION OF WASTE › Section 47-335 - PRODUCERS — MONTHLY STATEMENTS — IDAHO STATE TAX COMMISSION.

47-335. PRODUCERS — MONTHLY STATEMENTS — IDAHO STATE TAX COMMISSION. (1) Every producer engaged in the production of oil or gas from any well or wells in the state shall each month file with the Idaho state tax commission, on forms prescribed by the Idaho state tax commission, a statement containing the information required by subsection (2) of this section relating to the oil or gas produced, saved and sold or transported from the premises in Idaho where produced.
(2) The statement required in subsection (1) of this section shall include:
(a) The name, description and location of:
(i) Every well or wells; and
(ii) Every field in which the well or wells are located; and
(b) Any other reasonable and necessary information required by the Idaho state tax commission.
(3) The statements required to be filed with the Idaho state tax commission shall be signed and sworn to by the producer or a designee.
(4) The Idaho state tax commission is authorized to conduct audits, relating to producer compliance with the provisions of this section, at least every three (3) years.
History:
[(47-335) 47-331, added 2017, ch. 116, sec. 1, p. 267; am. and redesig. 2018, ch. 169, sec. 15, p. 365.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 6 - LOCATION OF MINING CLAIMS › Section 47-601 - MINING CLAIM LOCATIONS AUTHORIZED.

47-601. MINING CLAIM LOCATIONS AUTHORIZED. Persons are authorized to locate mining claims upon that public domain in the state of Idaho which is open to location under the mining laws of the United States. The location of a mining claim shall be made by posting notice of location and by marking the boundaries as provided in section 47-602 of this chapter.
History:
[47-601, added 1970, ch. 92, sec. 2, p. 227.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 6 - LOCATION OF MINING CLAIMS › Section 47-602 - METHOD OF LOCATING MINING CLAIM.

47-602. METHOD OF LOCATING MINING CLAIM. The locator of a mining claim must at the time of making his location designate his claim by posting at one (1) corner of the claim his notice of location in writing in which there shall be stated:
1. The name of the locator or locators.
2. The name of the claim and whether located as a lode mining claim or as a placer mining claim.
3. The date of the location and the mining district, if any, and the county in which the claim is located.
4. The directions and distances which describe the claim.
5. The direction and distance from the corner where notice is posted to such natural object or permanent monument, if any such there be, as will fix and describe in the notice itself the site of the claim.
Before recording his notice of location, the locator must mark the boundaries of his mining claim by placing at each corner or angle of the claim a substantial monument or a post at least four (4) feet in height and four (4) inches square or in diameter. Each post and monument shall be marked with the name of the claim, the position or number of the corner or angle and the direction of the boundary lines. The locator shall mark the boundary lines so that they can be readily traced. Where it is impracticable to place a monument or post in its true position, a witness monument shall be erected and marked to indicate the true position of the corner or angle.
History:
[47-602, added 1970, ch. 92, sec. 4, p. 227.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 6 - LOCATION OF MINING CLAIMS › Section 47-604 - NOTICE MUST BE RECORDED.

47-604. NOTICE MUST BE RECORDED. Within ninety (90) days after the location of the claim the locator or his assigns must file for record in the office of the county recorder of the county in which the claim is situated, a copy of his notice of location. Failure to file notice of location for record within ninety (90) days after location of the claim shall constitute an abandonment of the claim.
History:
[(47-604) 1895, p. 25, sec. 4; reen. 1899, p. 237, sec. 4; reen. R.C., sec. 3209; C.L., sec. 3209; C.S., sec. 5523; I.C.A., sec. 46-604; am. 1970, ch. 92, sec. 7, p. 92.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 6 - LOCATION OF MINING CLAIMS › Section 47-605 - RECORD OF ADDITIONAL CERTIFICATE.

47-605. RECORD OF ADDITIONAL CERTIFICATE. If at any time the locator of any mining claim heretofore or hereafter located, or his assigns, shall apprehend that his original certificate was defective, erroneous, or that the requirements of the law had not been complied with before filing, or shall be desirous of changing the surface boundaries, or of taking any part of an overlapping claim which has been abandoned, or in case the original certificate was made prior to the passage of this law, and he shall be desirous of securing the benefits of this chapter, such locator or his assigns may file an additional certificate subject to the conditions of this chapter, and to contain all that this chapter requires an original certificate to contain: provided, that such amended location does not interfere with the existing rights of others at the time when such amendment is made.
History:
[(47-605) 1895, p. 25, sec. 5; reen. 1899, p. 237, sec. 5; reen. R.C. & C.L., sec. 3210; C.S., sec. 5524; I.C.A., sec. 46-605.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 6 - LOCATION OF MINING CLAIMS › Section 47-606 - AFFIDAVIT OF PERFORMANCE OF LABOR — NOTICE OF ACCEPTANCE OF WAIVER, SUSPENSION OR EXTENSION — FEES — EFFECT AS EVIDENCE.

47-606. AFFIDAVIT OF PERFORMANCE OF LABOR — NOTICE OF ACCEPTANCE OF WAIVER, SUSPENSION OR EXTENSION — FEES — EFFECT AS EVIDENCE. Within sixty (60) days after any time set or period allowed for the performance of labor, or making improvements upon any lode or placer claim, the person in whose behalf such work or improvement is performed or some person for him, must make and record an affidavit in substance as follows:
State of Idaho, county of …., ss.
Before me, the subscriber, personally appeared …., who being first duly sworn says, that at least …. dollars worth of work or improvements were performed or made upon …. claim, situate in …. mining district, County of …., State of Idaho:
That such expenditure was made by, for, or at the expense of …., owner of said claim, for the purpose of holding said claim; all stakes, monuments or trees marking boundaries of said claim are in proper place and position.
Subscribed and sworn to before me this …. day of …., …..
The fee for administering the oath and recording the foregoing affidavit, when taken before any county recorder, shall be as provided by section 31-3205, Idaho Code.
Such affidavit, or a certified copy thereof in case the original is lost, shall be prima facie evidence of the performance of such labor. The failure to file such affidavit shall be considered prima facie evidence that such labor has not been done.
When the performance of annual labor upon any lode or placer claim is suspended, extended or waived by act of congress of the United States, and provision is therein made for filing or recording a notice, affidavit or statement by the claimant or other person for him, accepting the provisions of said act, then the same shall be filed as herein provided for affidavit of performance of annual labor, and the same fees shall be charged therefor and the same effect shall be given thereto, and the same presumptions shall arise therefrom as provided herein for said affidavit of performance of annual labor.
History:
[(47-606) R.S., sec. 3101; am. 1899, p. 237, sec. 6; am. 1899, p. 440, sec. 2; reen. R.C., sec. 3211; am. 1913, ch. 72, sec. 1, p. 308; reen. C.L., sec. 3211; C.S., sec. 5525; I.C.A., sec. 46-606; am. 1945, ch. 114, sec. 1, p. 176; am. 1951, ch. 251, sec. 2, p. 540; am. 1957, ch. 171, sec. 1, p. 306; am. 1959, ch. 72, sec. 2, p. 157; am. 1970, ch. 92, sec. 8, p. 227; am. 1976, ch. 281, sec. 4, p. 964; am. 1982, ch. 207, sec. 1, p. 570; am. 2002, ch. 32, sec. 19, p. 57.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 6 - LOCATION OF MINING CLAIMS › Section 47-607 - LOCATION OF ABANDONED CLAIM.

47-607. LOCATION OF ABANDONED CLAIM. The location of abandoned claims shall be done in the same manner as if the location were of a new claim including the erection of new posts or monuments.
History:
[(47-607) 1895, p. 25, sec. 7; reen. 1899, p. 237, sec. 7; reen. R.C., sec. 3212; C.L., sec. 3212; C.S., sec. 5526; I.C.A., sec. 46-607; am. 1970, ch. 92, sec. 9, p. 227.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 6 - LOCATION OF MINING CLAIMS › Section 47-608 - NOTICE MUST CLAIM ONLY ONE LOCATION.

47-608. NOTICE MUST CLAIM ONLY ONE LOCATION. No location notice shall claim more than one location, whether the location is made by one or several locators, and if it purport to claim more than one location it is absolutely void.
History:
[(47-608) 1895, p. 25, sec. 8; reen. 1899, p. 237, sec. 8; reen. R.C. & C.L., sec. 3213; C.S., sec. 5527; I.C.A., sec. 46-608.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 6 - LOCATION OF MINING CLAIMS › Section 47-609 - SECURITY TO SURFACE OWNERS — INJUNCTION.

47-609. SECURITY TO SURFACE OWNERS — INJUNCTION. When the right to mine is in any case separate from the ownership or right of occupancy of the surface ground, the owners or rightful occupants of the surface ground may demand satisfactory security from the miners, and if it be refused or not given, may enjoin such miners from working such ground until such security is given. The court granting the writ of injunction shall fix the amount and nature of the security.
History:
[(47-609) 1895, p. 25, sec. 10; reen. 1899, p. 237, sec. 10; reen. R.C. & C.L., sec. 3214; C.S., sec. 5528; I.C.A., sec. 46-609.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 6 - LOCATION OF MINING CLAIMS › Section 47-611 - AFFIDAVIT OF LOCATORS.

47-611. AFFIDAVIT OF LOCATORS. At or before the time of presenting a location notice for record, whether it be for a quartz lode or placer claim, one (1) of the locators named in the same must make and subscribe an affidavit, in writing on or attached to the notice, substantially in the following form, to wit:
State of Idaho, county of …., ss.
I, …., do solemnly swear that I am a citizen of the United States of America (or have declared my intentions to become such), and that I am acquainted with the mining ground described in this notice of location, and herewith called the …. lode or placer claim; that the ground and claim therein described or any part thereof has not, to the best of my knowledge and belief, been previously located according to the laws of the United States and this state, or if so located, that the same has been abandoned or forfeited by reason of the failure of such former locators to comply in respect thereto with the requirements of said laws.
Subscribed and sworn to before me this …. day of …. …..
History:
[(47-611) 1881, p. 262, sec. 5; R.S., sec. 3104; am. 1895, p. 25, sec. 13; reen. 1899, p. 237, sec. 13; reen. R.C., sec. 3216; C.L., sec. 3216; C.S., sec. 5530; I.C.A., sec. 46-611; am. 1970, ch. 92, sec. 11, p. 227; am. 2002, ch. 32, sec. 20, p. 58.]