reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 38 - ALTERATION OF CHANNELS OF STREAMS › Section 42-3801 - LEGISLATIVE INTENT — STREAM CHANNELS — ALTERATION.

42-3801. LEGISLATIVE INTENT — STREAM CHANNELS — ALTERATION. The legislature of the state of Idaho hereby declares that the public health, safety and welfare requires that the stream channels of the state and their environments be protected against alteration for the protection of fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, and water quality. No alteration of any stream channel shall hereafter be made unless approval therefor has been given as provided in this act.
History:
[42-3801, added 1971, ch. 337, sec. 1, p. 1304.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 38 - ALTERATION OF CHANNELS OF STREAMS › Section 42-3802 - DEFINITIONS.

42-3802. DEFINITIONS. Whenever used in this act, the term:
(a) "Person" means any individual, partnership, company, corporation, municipality, county, state or federal agency, or other entity proposing to alter a stream channel.
(b) "Alter" means to obstruct, diminish, destroy, alter, modify, relocate, or change the natural existing shape or direction of water flow of any stream channel within or below the mean high watermark thereof.
(c) "Board" means the Idaho water resource board.
(d) "Stream channel" means a natural watercourse of perceptible extent, with definite bed and banks, which confines and conducts continuously flowing water. Ditches, canals, laterals and drains that are constructed and used for irrigation or drainage purposes are not stream channels.
(e) "Department" means the Idaho department of water resources.
(f) "Director" means the director of the Idaho department of water resources.
(g) "Plans" means maps, sketches, engineering drawings, word descriptions and specifications sufficient to describe the extent, nature and location of the proposed stream channel alteration and the proposed method of accomplishing same.
(h) "Mean high watermark" means a water level corresponding to the natural or ordinary high watermark and is the line which the water impresses on the soil by covering it for sufficient periods of time to deprive the soil of its terrestrial vegetation and destroy its value for commonly accepted agricultural purposes.
History:
[42-3802, added 1971, ch. 337, sec. 2, p. 1304; am. 1974, ch. 20, sec. 33, p. 533; am. 1994, ch. 292, sec. 1, p. 912; am. 2004, ch. 191, sec. 2, p. 601.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 38 - ALTERATION OF CHANNELS OF STREAMS › Section 42-3803 - ALTERATION OF CHANNELS — PERMIT REQUIRED — PLANS.

42-3803. ALTERATION OF CHANNELS — PERMIT REQUIRED — PLANS. (a) No person shall engage in any project or activity which will alter a stream channel without first applying to and receiving a permit therefor from the director. Such application shall be submitted not less than sixty (60) days prior to the intended date of commencement of construction of such stream channel alteration and shall be upon forms to be furnished by the director or in such other form as deemed appropriate by memorandum of agreement with other state and federal agencies and shall be accompanied by plans of the proposed stream channel alteration and the statutory filing fee.
(b) The board shall provide that each permit granted shall show whether it constitutes a permit from the department of lands as authorized by the department of lands, or whether an additional permit from the department of lands shall be required.
(c) The board may adopt, revise and rescind such rules and regulations and issue such general orders as may be necessary to effectuate the purposes and policy of this chapter within the limitations and standards set forth in this chapter. Rules, regulations and orders adopted or issued pursuant to this section may include, but are not limited to, minimum standards to govern projects or activities for which a permit or permits have been received under this chapter and regulations governing procedures for processing applications and issuing permits under this chapter. Minimum standards and procedural regulations shall not be adopted pursuant to this section until after they have been offered for review and comment to other state agencies having an interest in activities regulated under this chapter. Any standards, rules, regulations and orders adopted or issued pursuant to this section shall be promulgated in accordance with the provisions of chapter 52, title 67, Idaho Code, to the extent that the provisions of chapter 52, title 67, Idaho Code, are not inconsistent herewith.
(d) The board may, by regulation, dispense with procedural requirements for permit application and approval contained in this chapter for projects and activities which, in all respects, at least meet minimum standards adopted pursuant to this section.
History:
[42-3803, added 1971, ch. 337, sec. 3, p. 1304; am. 1972, ch. 137, sec. 1, p. 303; am. 1974, ch. 20, sec. 34, p. 533; am. 1976, ch. 150, sec. 1, p. 539; am. 1994, ch. 292, sec. 2, p. 913.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 38 - ALTERATION OF CHANNELS OF STREAMS › Section 42-3804 - APPLICATION — REVIEW BY DIRECTOR.

42-3804. APPLICATION — REVIEW BY DIRECTOR. Upon the receipt of any application with accompanying plans, it shall be the duty of the director to examine same and to furnish copies of the application and plans to, and consult with, other state agencies having an interest in the stream channel to determine the likely effect of the proposed stream channel alteration upon the fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, and water quality values of the stream. The director shall furnish a copy of each application and all accompanying materials to the department of lands. Within twenty (20) days of the receipt of copies of such application and plans from the director, such other state agencies shall notify the director whether the proposed stream channel alteration will have an unreasonably detrimental effect upon these stream values and shall include with such notification recommendations of alternate plans, if any, determined by such agency to be reasonable to accomplish the purpose of the proposed stream channel alteration without adversely affecting such stream values.
History:
[42-3804, added 1971, ch. 337, sec. 4, p. 1304; am. 1974, ch. 20, sec. 35, p. 533; am. 1976, ch. 150, sec. 2, p. 540.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 38 - ALTERATION OF CHANNELS OF STREAMS › Section 42-3805 - DECISION OF DIRECTOR — HEARING — REVIEW BY DISTRICT COURT.

42-3805. DECISION OF DIRECTOR — HEARING — REVIEW BY DISTRICT COURT. Based upon his own investigation and the recommendations and alternate plans of other state agencies, the director shall prepare and forward to the applicant his decision approving the application in whole or in part or upon conditions, or rejecting the application. With regard to applications which could, if issued, affect endowment lands, the director shall deny such applications upon the objection of the state department of lands, or modify the same as recommended by the department. Within fifteen (15) days of the date of mailing of the decision, the applicant shall notify the director if it refuses to modify its plans in accordance with such decision or that it requests a hearing before the board thereon. If requested, such hearing shall be held in accordance with the provisions of chapter 52, title 67, Idaho Code, and rules adopted by the board. The board shall have power to administer oaths and to require the attendance of such witnesses and the production of such books, records and papers as it may desire at the hearing, and for that purpose, the board may apply to the court for subpoena for any witnesses or a subpoena duces tecum to compel the production of any books, records or papers which shall be served and returned in the same manner as a subpoena in a civil case. In case of any disobedience or neglect to obey a subpoena or subpoena duces tecum, it shall be the duty of the district court in any county of this state in which disobedience, neglect or refusal occurs, or any judge thereof, on application by the board, to compel obedience by proceedings for contempt. Upon the conclusion of the hearing and completion of any investigation conducted by the director the board shall enter its findings in writing approving the decision of the director on the application and plans in whole or in part, or upon conditions, or rejecting the decision of the director on said application and plans for such proposed stream channel alteration.
A copy of the board’s findings on the director’s decision shall be mailed to the applicant and to each person or organization who appeared at the hearing and gave testimony in support of or in opposition to the proposed stream channel alteration. Any applicant or other person appearing at a hearing shall have the right to have the proceedings of the board and the decision of the director reviewed by the district court in the county where the stream channel alteration is proposed. With the exception that the matter may be reviewed by the district court in the county where the stream channel alteration is proposed, judicial review shall be had pursuant to chapter 52, title 67, Idaho Code.
History:
[42-3805, added 1971, ch. 337, sec. 5, p. 1304; am. 1974, ch. 20, sec. 36, p. 533; am. 1976, ch. 150, sec. 3, p. 541; am. 1980, ch. 238, sec. 21, p. 550; am. 1993, ch. 216, sec. 39, p. 622.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 38 - ALTERATION OF CHANNELS OF STREAMS › Section 42-3806 - EXISTING RIGHTS UNAFFECTED — WHERE PERMIT NOT REQUIRED.

42-3806. EXISTING RIGHTS UNAFFECTED — WHERE PERMIT NOT REQUIRED. This act shall not operate or be so construed as to impair, diminish, control or divest any existing or vested water rights acquired under the laws of the state of Idaho or the United States, nor to interfere with the diversion of water from streams under existing or vested water right or water right permit for irrigation, domestic, commercial or other uses as recognized and provided for by Idaho water laws.
No permit shall be required by the state or any agency or political subdivision thereof, from a water user or his agent to clean, maintain, construct in, or repair any stream channel, diversion structure, canal, ditch, drain or lateral. No permit shall be required by the state or any agency or political subdivision thereof, from a water user or his agent to remove any obstruction from any stream channel, if such obstruction interferes with, or is likely to interfere with, the delivery of, or use of, water under any existing or vested water right, or water right permit.
Nothing in this section shall be construed to affect the provisions of chapter 10, title 46, Idaho Code, or to exempt a water user or his agent from compliance with any applicable local flood plain ordinance adopted pursuant to section 46-1022, Idaho Code.
History:
[42-3806, added 1971, ch. 337, sec. 6, p. 1304; am. 2004, ch. 191, sec. 3, p. 602; am. 2011, ch. 261, sec. 1, p. 707.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 38 - ALTERATION OF CHANNELS OF STREAMS › Section 42-3807 - RESERVOIRS — PORT DISTRICTS — EXEMPT.

42-3807. RESERVOIRS — PORT DISTRICTS — EXEMPT. This act shall not apply to any existing, proposed, or future reservoir projects. This act shall not apply to that portion of any continuous waterway system which will float commercial tug and barge vehicles to ports handling transoceanic traffic, and which is within or adjacent to any port district now existing or hereafter formed under the provisions of title 70, Idaho Code.
History:
[42-3807, added 1971, ch. 337, sec. 7, p. 1304.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 38 - ALTERATION OF CHANNELS OF STREAMS › Section 42-3808 - EMERGENCIES — WAIVER BY DIRECTOR.

42-3808. EMERGENCIES — WAIVER BY DIRECTOR. When emergency situations exist requiring immediate action to protect life or property including growing crops, the director may waive the provisions of this act upon request; providing, however, that the extent of stream channel alteration shall be limited only to that amount of work deemed necessary by the director to safeguard life or property including growing crops during the period of emergency.
History:
[42-3808, added 1971, ch. 337, sec. 8, p. 1304.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 38 - ALTERATION OF CHANNELS OF STREAMS › Section 42-3809 - ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF.

42-3809. ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF. The director of the department of water resources is hereby vested with the power and authority to enforce the provisions of this chapter and rules and regulations promulgated pursuant to it. When the director of the department of water resources determines that any person is in substantial violation of any provision of this chapter or any rule, permit, certificate, condition of approval or order issued or promulgated pursuant to this chapter, the director may commence an administrative enforcement action by issuing a written notice of violation in accordance with the provisions of section 42-1701B, Idaho Code. Provided however, that no civil or administrative proceeding may be brought to recover for a violation of any provision of this chapter or a violation of any rule, permit or order issued or promulgated pursuant to this chapter more than two (2) years after the director had knowledge or ought reasonably to have had knowledge of the violation. The director shall have authority and it shall be his duty to seek a temporary injunction from the appropriate district court to restrain a person from altering a stream channel until approval therefor has been obtained by the person as provided in this act.
History:
[42-3809, added 1971, ch. 337, sec. 9, p. 1304; am. 1972, ch. 137, sec. 2, p. 303; am. 1974, ch. 20, sec. 37, p. 533; am. 1978, ch. 327, sec. 1, p. 822; am. 1980, ch. 331, sec. 2, p. 855; am. 1994, ch. 292, sec. 3, p. 914; am. 1998, ch. 173, sec. 10, p. 611; am. 2012, ch. 121, sec. 1, p. 337; am. 2021, ch. 65, sec. 5, p. 202.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 38 - ALTERATION OF CHANNELS OF STREAMS › Section 42-3810 - RESTORATION OF STREAM CHANNEL — MITIGATION OF DAMAGES.

42-3810. RESTORATION OF STREAM CHANNEL — MITIGATION OF DAMAGES. Any party convicted of unlawful stream channel alteration shall, in addition to the penalties provided for in section 42-3809 of this act, be directed by the court to restore the stream channel to as near its original condition as possible or to effect such other measures as recommended by the director toward mitigation of damages.
History:
[42-3810, added 1971, ch. 337, sec. 10, p. 1304.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 38 - ALTERATION OF CHANNELS OF STREAMS › Section 42-3811 - VIOLATION OF ACT A MISDEMEANOR.

42-3811. VIOLATION OF ACT A MISDEMEANOR. Any person who violates any provision of this act or who violates any regulation, rule, order or standard of the board or director relating to the use of vacuum or suction dredges capable of moving two (2) or less cubic yards of material per hour shall be guilty of a misdemeanor.
History:
[42-3811, added 1980, ch. 331, sec. 3, p. 856.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 39 - INJECTION WELLS › Section 42-3901 - GROUND WATER AS PUBLIC RESOURCE — PROTECTION.

42-3901. GROUND WATER AS PUBLIC RESOURCE — PROTECTION. The legislature of the state of Idaho hereby declares the ground water of this state to be a public resource which must be protected against unreasonable contamination or deterioration of quality to preserve such waters for diversion to beneficial uses; that in order to protect such waters against contamination or deterioration in quality it is necessary that the construction and use of injection wells be controlled as provided in this chapter.
History:
[42-3901, added 1971, ch. 301, sec. 1, p. 1235; am. 1984, ch. 155, sec. 1, p. 372.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 39 - INJECTION WELLS › Section 42-3902A - PROHIBITION OF INJECTION OF HAZARDOUS WASTES AND OF RADIOACTIVE WASTES.

42-3902A. PROHIBITION OF INJECTION OF HAZARDOUS WASTES AND OF RADIOACTIVE WASTES. Construction of an injection well to be used for injection of hazardous wastes or of radioactive wastes into or above a drinking water source is prohibited. Injection of hazardous wastes or of radioactive wastes through an existing injection well into or above a drinking water source is prohibited. Any such injection shall subject any person responsible for said activity to the sanctions and penalties of this chapter in addition to all other applicable sanctions and penalties provided by statute or the common law.
History:
[42-3902A, added 1984, ch. 155, sec. 3, p. 374.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 39 - INJECTION WELLS › Section 42-3903 - DEEP INJECTION WELLS — CONSTRUCTION — MODIFICATION — USE — PERMIT REQUIRED.

42-3903. DEEP INJECTION WELLS — CONSTRUCTION — MODIFICATION — USE — PERMIT REQUIRED. No new deep injection well shall be constructed after the effective date of this act unless a permit therefor has been issued by the director of the department of water resources. No deep injection well existing on the effective date of this act shall be modified after the effective date of this act unless a permit therefor has been issued by the director. No deep injection well existing on the effective date of this act shall continue to be used and maintained after January 1, 1974, unless a permit therefor has been issued by the director.
History:
[42-3903, added 1971, ch. 301, sec. 3, p. 1235; am. 1974, ch. 20, sec. 38, p. 533; am. 2011, ch. 110, sec. 3, p. 288.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 39 - INJECTION WELLS › Section 42-3903A - SHALLOW INJECTION WELLS — AUTHORIZATION FOR CONSTRUCTION AND USE.

42-3903A. SHALLOW INJECTION WELLS — AUTHORIZATION FOR CONSTRUCTION AND USE. Construction and use of shallow injection wells shall be authorized by rules and regulations adopted by the water resource board. Shallow injection wells used for the disposal of nonhazardous and nonradioactive sanitary wastes generated in, on, or in conjunction with a single family noncommercial dwelling are exempt from the authorization requirements of this chapter, but shall be subject to the applicable requirements of the Idaho environmental protection and health act of 1972, sections 39-101, et seq., Idaho Code.
History:
[42-3903A, added 1984, ch. 155, sec. 4, p. 374.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 39 - INJECTION WELLS › Section 42-3904 - APPLICATION FOR PERMIT — OWNER — OPERATOR RESPONSIBLE — NOTICE OF CONSTRUCTION FORM.

42-3904. APPLICATION FOR PERMIT — OWNER — OPERATOR RESPONSIBLE — NOTICE OF CONSTRUCTION FORM. (1) The owner or operator shall make application to the director of the department of water resources for a permit as provided in this chapter. When a facility is owned by one (1) person but operated by another, it shall be the operator’s duty to obtain a permit. Such application shall be upon forms furnished by the director which shall require information concerning the location and description of the injection well, the quantity, quality, and nature of the material being or proposed to be injected, the description of the underground formation and aquifer into which the material is proposed to be or is being injected, the availability of alternative sources of disposal, and such other information as will enable the director to determine the effect of injection upon the quality of the ground water, the effect upon the beneficial uses of said ground water, the effect upon the public health and the effect upon public benefits derived therefrom, if any. Such application shall be submitted complete with fees as provided in this chapter. Mine shafts used for the disposal of wastes resulting from the mining and concentration process shall be exempt from the permit requirements of this chapter until an inventory and assessment of the contamination potential posed by such operation is completed.
(2) Owners of new shallow injection wells drilled after July 1, 1997, shall submit a notice of construction form to the department of water resources no later than thirty (30) days prior to commencement of construction for each new well. The notice of construction form shall be submitted with the fee as provided in this chapter on a form provided by the department of water resources.
History:
[42-3904, added 1971, ch. 301, sec. 4, p. 1235; am. 1974, ch. 20, sec. 39, p. 533; am. 1984, ch. 155, sec. 5, p. 374; am. 1997, ch. 208, sec. 1, p. 624; am. 2011, ch. 110, sec. 4, p. 289.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 39 - INJECTION WELLS › Section 42-3905 - FEES — TRANSMITTED TO STATE TREASURER.

42-3905. FEES — TRANSMITTED TO STATE TREASURER. (1) Fees provided for in this section shall accompany all applications and notice of construction forms. No such application or notice of construction form shall be accepted unless accompanied by a filing fee as provided in this section. A separate application shall be filed for each deep injection well and each shallow injection well for which a permit is required by the rules adopted by the water resource board. The filing fee for each deep injection well requiring a permit shall be two thousand five hundred dollars ($2,500) for a class II injection well and one hundred dollars ($100) for all other deep injection wells, payable to the department of water resources.
(2) The notice of construction form for each new shallow injection well shall be accompanied by a fee of seventy-five dollars ($75.00) payable to the department of water resources.
(3) All fees received under the provisions of this chapter are deemed to be nonrefundable and shall be transmitted to the state treasurer for deposit in the water administration fund as established under the provisions of section 42-238a, Idaho Code, except that fees submitted with applications that do not require a permit shall be returned to the applicant. Fees collected may be used by the director of the department of water resources to carry out the provisions of this chapter.
History:
[42-3905, added 1971, ch. 301, sec. 5, p. 1235; am. 1972, ch. 180, sec. 1, p. 460; am. 1974, ch. 20, sec. 40, p. 533; am. 1984, ch. 155, sec. 6, p. 375; am. 1997, ch. 208, sec. 2, p. 625; am. 2011, ch. 110, sec. 5, p. 289; am. 2013, ch. 44, sec. 2, p. 93.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 39 - INJECTION WELLS › Section 42-3907 - DEPARTMENT OF WATER RESOURCES — PUBLIC NOTICE AND INVESTIGATION.

42-3907. DEPARTMENT OF WATER RESOURCES — PUBLIC NOTICE AND INVESTIGATION. (1) Upon receipt of an application or other notice to construct, maintain, modify or abandon an injection well, the director shall give public notice as required by the rules and regulations promulgated under authority of this chapter.
(2) The director shall examine each application and shall make an investigation to determine what effect the use of the proposed or existing injection well will have or is having upon the rights of others to use water for beneficial purposes. For purposes of such investigation, the director may conduct a fact finding or investigative hearing. He may apply to the district court of the county in which the well is located for subpoenas requiring the appearance of witnesses and production of books, records, and papers; or he may administer oaths, and take testimony at any place and time. Employees and agents of the department of water resources may make reasonable entry upon any lands in the state for purposes of making investigations and surveys, or for other purposes necessary to carry out the intent of this chapter.
History:
[42-3907, added 1971, ch. 301, sec. 7, p. 1235; am. 1974, ch. 20, sec. 42, p. 533; am. 1984, ch. 155, sec. 8, p. 375.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 39 - INJECTION WELLS › Section 42-3909 - DISAPPROVAL OF APPLICATION — OWNER OR OPERATOR ENTITLED TO HEARING — PROCEDURE — JUDICIAL REVIEW.

42-3909. DISAPPROVAL OF APPLICATION — OWNER OR OPERATOR ENTITLED TO HEARING — PROCEDURE — JUDICIAL REVIEW. Any owner or operator aggrieved by the disapproval of an application or by the conditions imposed in a permit shall upon request therefor in writing within thirty (30) days after receipt of notice of such disapproval or conditional approval, be afforded an opportunity for a hearing before the water resources board, such hearing to be conducted in accordance with chapter 52, title 67, Idaho Code, at a place convenient to the owner or operator. Such hearing shall be held for the purpose of determining whether the permit should be issued or whether the conditions imposed in a permit are reasonable, or whether a change in circumstances warrants a change in the conditions imposed in a valid permit. For purposes of such hearing the water resource board shall have power to administer oaths, examine witnesses, and issue in the name of the board subpoenas requiring testimony of witnesses and the production of evidence relevant to any matter in the hearing. A certified transcript of the proceedings and the evidence received at such hearing shall be maintained by the board. The board shall affirm, modify or reject the director’s decision, and make its decision in the form of an order to the director. Judicial review of a final determination by the board may be secured by the owner or operator by filing a petition for review as prescribed by chapter 52, title 67, Idaho Code, in the district court of the county wherein the injection well is situated. The petition for review shall be served upon the chairman of the water resource board and upon the attorney general as provided by the Idaho rules of civil procedure.
History:
[42-3909, added 1971, ch. 301, sec. 9, p. 1235; am. 1974, ch. 20, sec. 44, p. 533; am. 1984, ch. 155, sec. 10, p. 376.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 39 - INJECTION WELLS › Section 42-3910 - CANCELLATION OF PERMIT — NOTICE — HEARING — REVIEW.

42-3910. CANCELLATION OF PERMIT — NOTICE — HEARING — REVIEW. When the director of the department of water resources has reason to believe the operation and use of an injection well, for which a permit has been issued in accordance with this chapter, is interfering with the right of the public to withdraw water for beneficial uses, or is causing unreasonable contamination or deterioration of the quality of the ground water below the adopted water quality standards of the board of environmental quality, he may cancel such permit. Prior to the cancellation of such permit there shall be a hearing before the water resource board for the purpose of determining whether or not the permit should be cancelled. At such hearing the director of the department of water resources shall be the complaining party. For purposes of such hearing, the board shall have power to administer oaths, examine witnesses and issue subpoenas requiring testimony of witnesses and production of evidence relevant to any matter in the hearing. The hearing shall be conducted in accordance with chapter 52, title 67, Idaho Code, and the board shall provide the owner or operator whose permit is proposed to be cancelled with reasonable notice and the opportunity to be heard in accordance with chapter 52, title 67, Idaho Code. A certified transcript of the proceedings and the evidence received at such hearing shall be maintained by the board. The board shall affirm, modify or reject the director’s decision, and make its decision in the form of an order to the director. Review of a final determination by the board may be secured by the owner or operator by filing a petition for review as prescribed by chapter 52, title 67, Idaho Code, in the district court of the county wherein the injection well is situated. The petition for review shall be served upon the chairman of the water resource board and upon the attorney general as provided by the Idaho rules of civil procedure.
History:
[42-3910, added 1971, ch. 301, sec. 10, p. 1235; am. 1974, ch. 20, sec. 45, p. 533; am. 1984, ch. 155, sec. 11, p. 377; am. 2001, ch. 103, sec. 85, p. 327.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 39 - INJECTION WELLS › Section 42-3911 - FAILURE TO OBTAIN REQUIRED PERMIT OR SUBMIT REQUIRED INFORMATION — PENALTY.

42-3911. FAILURE TO OBTAIN REQUIRED PERMIT OR SUBMIT REQUIRED INFORMATION — PENALTY. Any owner or operator who causes to be constructed or consents either expressly or impliedly to the construction of a new deep injection well without having first obtained a permit therefor from the director of the department of water resources as provided in this chapter shall be guilty of a misdemeanor. Any owner or operator who causes an existing deep injection well to be modified or consents either expressly or impliedly to the modification of an existing deep injection well without having first obtained a permit therefor from the director of the department of water resources as provided in this chapter shall be guilty of a misdemeanor. From and after January 1, 1974, any owner or operator who continues to operate and maintain or consents either expressly or impliedly to the continued operation and maintenance of an existing deep injection well without having first obtained a permit therefor from the director of the department of water resources as provided in this chapter shall be guilty of a misdemeanor; provided, that no misdemeanor shall occur where an owner or operator applied for a permit before January 1, 1974, and the director of the department of water resources has not approved or rejected said application. Any owner or operator of a proposed or existing injection well who violates the rules and regulations of the water resource board shall be guilty of a misdemeanor. Each and every day that such activity is carried on in violation of this section shall constitute a separate and distinct offense.
History:
[42-3911, added 1971, ch. 301, sec. 11, p. 1235; am. 1974, ch. 20, sec. 46, p. 533; am. 1984, ch. 155, sec. 12, p. 378; am. 2011, ch. 110, sec. 7, p. 290.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 39 - INJECTION WELLS › Section 42-3912 - DRILLERS — MUST BE LICENSED — APPROVED PERMITS — CERTIFIED COPIES.

42-3912. DRILLERS — MUST BE LICENSED — APPROVED PERMITS — CERTIFIED COPIES. It shall be unlawful for any person not a licensed driller to construct a new deep injection well or modify an existing deep injection well, except that a driller’s license is not required for the construction of a driven mine shaft or dug hole for the purposes of this chapter. All licensed drillers shall obtain a certified copy of the approved permit from the director of the department of water resources prior to construction of any new deep injection well or prior to the modification of any existing deep injection well. Failure by a licensed driller to comply with this section shall constitute cause for revocation of a well driller’s license in accordance with section 42-238, Idaho Code.
History:
[42-3912, added 1971, ch. 301, sec. 12, p. 1235; am. 1974, ch. 20, sec. 47, p. 533; am. 1984, ch. 155, sec. 13, p. 378; am. 2011, ch. 110, sec. 8, p. 290.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 39 - INJECTION WELLS › Section 42-3913 - MINIMUM STANDARDS — RULES AND REGULATIONS — ADOPTION.

42-3913. MINIMUM STANDARDS — RULES AND REGULATIONS — ADOPTION. The water resource board shall adopt minimum standards for the construction or abandonment of deep injection wells. Such standards shall require each deep injection well to be so constructed as to protect the ground water of this state from waste and unreasonable contamination. Each licensed well driller or operator will be furnished with a copy of the adopted standards, and will be required to construct each deep injection well drilled after the effective date of said rules and regulations in compliance with the determined standards. Failure by a licensed driller to comply with such standards shall constitute cause for revocation of the well driller’s license in accordance with section 42-238, Idaho Code.
The water resource board shall also adopt minimum standards for the construction and abandonment of shallow injection wells. Any person who constructs or abandons a shallow injection well without complying with such standards shall be guilty of a misdemeanor.
History:
[42-3913, added 1971, ch. 301, sec. 13, p. 1235; am. 1974, ch. 20, sec. 48, p. 533; am. 1984, ch. 155, sec. 14, p. 378; am. 2011, ch. 110, sec. 9, p. 291.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 39 - INJECTION WELLS › Section 42-3914 - BOARD TO ESTABLISH STANDARDS.

42-3914. BOARD TO ESTABLISH STANDARDS. The provisions of this chapter shall not prevent the present or future use of any existing or proposed injection well which is used exclusively for disposal of irrigation waste water or of surface runoff water where such disposal does not adversely affect drinking water sources, and state or local government entities involved in highway and street construction and maintenance shall be exempt from fees and permit applications for shallow injection wells. The water resource board shall establish criteria and standards for the injection of fluids under the provisions of this chapter which shall not become valid and enforceable until adopted under provisions of the administrative procedures act, chapter 52, title 67, Idaho Code.
History:
[42-3914, added 1971, ch. 301, sec. 14, p. 1235; am. 1974, ch. 20, sec. 49, p. 577; am. 1984, ch. 155, sec. 15, p. 379.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 39 - INJECTION WELLS › Section 42-3915 - ADOPTION OF REGULATIONS.

42-3915. ADOPTION OF REGULATIONS. The water resource board shall adopt all regulations authorized by the provisions of chapter 39, title 42, Idaho Code, in conformance with the provisions of chapter 52, title 67, Idaho Code, provided that the board shall not adopt any regulation regarding the inventory of shallow injection wells that is more stringent than federal law or any regulations promulgated pursuant thereto.
History:
[42-3915, added 1984, ch. 155, sec. 16, p. 379.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 39 - INJECTION WELLS › Section 42-3916 - ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF.

42-3916. ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF. When the director of the department of water resources determines that any person is in substantial violation of any provision of this chapter or any rule, permit, certificate, condition of approval or order issued or promulgated pursuant to this chapter, the director may commence an administrative enforcement action by issuing a written notice of violation in accordance with the provisions of section 42-1701B, Idaho Code. The director shall have the further authority to seek a preliminary or permanent injunction, or both, or a temporary restraining order restraining any person from violating or attempting to violate the provisions of this chapter, of the rules adopted thereunder, or of the permits issued by the director and mandating any person to take action appropriate under the circumstances to correct any violation. In any such action the director need not show irreparable injury for the issuance of a preliminary or permanent injunction, or both, or a temporary restraining order.
History:
[42-3916, added 1984, ch. 155, sec. 17, p. 380; am. 1998, ch. 173, sec. 12, p. 611.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 39 - INJECTION WELLS › Section 42-3917 - CIVIL PENALTIES — INJECTION OF HAZARDOUS AND RADIOACTIVE WASTES.

42-3917. CIVIL PENALTIES — INJECTION OF HAZARDOUS AND RADIOACTIVE WASTES. Any person who constructs, operates, maintains, converts, plugs, abandons, or conducts any other activity in a manner that results or may result in the unauthorized injection of a hazardous waste or of a radioactive waste through an injection well shall be in violation of section 42-3902A, Idaho Code, and subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each day in which such action occurs. The director shall have the authority to file an action in the appropriate district court to impose, assess and recover said civil penalties.
History:
[42-3917, added 1984, ch. 155, sec. 18, p. 380.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 39 - INJECTION WELLS › Section 42-3918 - CEASE AND DESIST ORDERS — INJECTION OF HAZARDOUS AND RADIOACTIVE WASTES.

42-3918. CEASE AND DESIST ORDERS — INJECTION OF HAZARDOUS AND RADIOACTIVE WASTES. Whenever the director finds that any person has constructed, operated, maintained, converted, plugged, abandoned or conducted any other activity in a manner that results in the unauthorized injection of a hazardous waste or of a radioactive waste through an injection well or whenever the director finds that any person proposes to do or to allow any such acts, then the director may issue a cease and desist order. The cease and desist order shall become effective and final upon issuance thereof. The director shall serve forthwith in accordance with the Idaho rules of civil procedure a certified copy of any such order on that person. That person shall have the right to a hearing in accordance with section 42-1701A, Idaho Code.
History:
[42-3918, added 1984, ch. 155, sec. 19, p. 380.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 39 - INJECTION WELLS › Section 42-3919 - CRIMINAL PENALTY — WILLFUL VIOLATION — VIOLATION OF CEASE AND DESIST ORDER.

42-3919. CRIMINAL PENALTY — WILLFUL VIOLATION — VIOLATION OF CEASE AND DESIST ORDER. Any person who willfully constructs, operates, maintains, converts, plugs, abandons, or conducts any other activity in a manner that results or may result in the injection of a hazardous waste or of a radioactive waste through an injection well in violation of section 42-3902A, Idaho Code, or any person who willfully violates any cease and desist order after the same has been served on that person is guilty of a misdemeanor and:
(1) May be sentenced to jail for a period not to exceed six (6) months;
(2) May be fined in an amount not to exceed five thousand dollars ($5,000) for each offense; and
(3) Each day of violation shall constitute a separate offense.
History:
[42-3919, added 1984, ch. 155, sec. 20, p. 380.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 40 - GEOTHERMAL RESOURCES ACT › Section 42-4001 - SHORT TITLE.

42-4001. SHORT TITLE. This act may be known and cited as the Idaho Geothermal Resources Act.
History:
[42-4001, added 1972, ch. 301, sec. 2, p. 749.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 40 - GEOTHERMAL RESOURCES ACT › Section 42-4006 - PERMIT APPLICATIONS — CONSOLIDATION.

42-4006. PERMIT APPLICATIONS — CONSOLIDATION. The water resource board may, by regulation, provide for the consolidation of permit applications where several wells are proposed to be constructed in a geothermal area either for exploration or for development. Such regulations shall be promulgated according to the provisions of chapter 52, title 67, Idaho Code. A consolidated permit application shall be in substantial compliance with the requirements of section 42-4003, Idaho Code.
History:
[42-4006, added 1972, ch. 301, sec. 7, p. 749; am. 1974, ch. 20, sec. 54, p. 533.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 40 - GEOTHERMAL RESOURCES ACT › Section 42-4007 - WELL ABANDONMENT OR DISCONTINUANCE OF OPERATION — NOTICE.

42-4007. WELL ABANDONMENT OR DISCONTINUANCE OF OPERATION — NOTICE. At least five (5) days before any operation to abandon any well or injection well is commenced, the owner or operator thereof shall submit in writing a notification of intention to abandon to the director for approval, except that it shall be permissible to give oral notice followed within twenty-four (24) hours by written confirmation. Such notification shall clearly state the condition of the well or injection well, and the proposed method of abandonment. No person shall commence any operation to abandon a well or an injection well without approval by the director.
History:
[42-4007, added 1972, ch. 301, sec. 8, p. 749; am. 1974, ch. 20, sec. 55, p. 533.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 40 - GEOTHERMAL RESOURCES ACT › Section 42-4008 - WELL ABANDONMENT — ORDER OF APPROVAL OR DISAPPROVAL.

42-4008. WELL ABANDONMENT — ORDER OF APPROVAL OR DISAPPROVAL. The director may, before the proposed date for commencing any abandonment operation, approve by order in writing, or, if found to be necessary, approve orally to be followed within forty-eight (48) hours by a written approval order, or disapprove by order in writing, any proposed abandonment. An approval order may be made conditional or limited. Any conditional or limited approval order and any disapproval order shall be accompanied by requests for further tests or other practices than those proposed by the person seeking approval, which tests or practices would remove the disability from the proposed abandonment.
History:
[42-4008, added 1972, ch. 301, sec. 9, p. 749; am. 1974, ch. 20, sec. 56, p. 533.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 40 - GEOTHERMAL RESOURCES ACT › Section 42-4009 - WELL ABANDONMENT — REPORT — ACTION BY DIRECTOR.

42-4009. WELL ABANDONMENT — REPORT — ACTION BY DIRECTOR. (a) Within five (5) days after the completion of the abandonment of any well or injection well, the owner or operator of the abandoned well or injection well shall report, in writing to the director on such form as may be prescribed by the director, on all work done with respect to the abandonment.
(b) If the director finds that the abandonment failed to comply with the director’s approval order or is otherwise not in compliance with this act or any regulation or order adopted or issued pursuant hereto, the director may issue an order disapproving such abandonment and/or requiring the person who abandoned the well or injection well to comply with the provisions of this act and any valid order or regulation adopted pursuant hereto or to do anything necessary to avoid waste and to protect life, property, and the natural resources of this state. Any owner or operator who receives a disapproval order under this section is a person who has commenced to abandon a well or injection well without approval, for purposes of any civil or criminal relief available under this act.
History:
[42-4009, added 1972, ch. 301, sec. 10, p. 749; am. 1974, ch. 20, sec. 57, p. 533.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 40 - GEOTHERMAL RESOURCES ACT › Section 42-4011 - NAME OF OWNER ON PERMIT — TRANSFERS RESTRICTED — PERMIT AMENDMENT, FEE.

42-4011. NAME OF OWNER ON PERMIT — TRANSFERS RESTRICTED — PERMIT AMENDMENT, FEE. (a) No well may be owned or operated by any person whose name does not appear on the permit or permit application therefor, nor may any well be transferred to any new owner or operator unless an application to amend such permit has been approved by the director.
(b) No changes in or departure from the procedures, locations, data, or persons specified on the face of a permit shall be permitted under this act until an amendment to such permit is approved by the director. The board may specify forms upon which applications for amendments to permits may be filed with the director. Any application to amend a permit shall be accompanied by a filing fee of fifty dollars ($50.00), and the director shall not accept an amendment application which is not accompanied by such filing fee. All such filing fees shall be deposited with the state treasurer in the water administration fund as provided in section 42-238a, Idaho Code.
(c) The director shall approve any permit application to amend a permit unless he finds that such amendment will not be in the public interest. If the director refuses to approve such amendment, he shall serve on the applicant, by certified mail, an order disapproving the amendment and setting out its [his] reasons for disapproving the amendment.
History:
[42-4011, added 1972, ch. 301, sec. 12, p. 749; am. 1974, ch. 20, sec. 59, p. 533.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 40 - GEOTHERMAL RESOURCES ACT › Section 42-4012 - RESIDENT AGENT — ACTIONS — HEARINGS — APPEALS.

42-4012. RESIDENT AGENT — ACTIONS — HEARINGS — APPEALS. (a) Every permit holder, owner, and operator of any well shall designate to the director an agent who resides in this state upon whom may be served all orders, notices, or permits issued by the director.
(b) Any person adversely affected by any order, including orders following hearings held pursuant to this chapter, served on him by the board or the director may bring an appeal therefrom to the district court within twenty-eight (28) days of such service, or, if he has not had a hearing before the board, he may request a hearing at such time. Such appeals shall be accomplished and reviewed pursuant to chapter 52, title 67, Idaho Code.
(c) Nothing contained in this section shall preempt any right of any person to any writ or other relief available in a civil action.
(d) Nothing contained in this act shall preempt any public nuisance or similar law of this state.
(e) All orders, permits, and notices issued by the director or the board under this act shall also bind and be effective on all successors and assigns of the persons to whom such orders, permits, and notices are addressed.
History:
[42-4012, added 1972, ch. 301, sec. 13, p. 749; am. 1974, ch. 20, sec. 60, p. 533; am. 1980, ch. 238, sec. 23, p. 553; am. 1993, ch. 216, sec. 41, p. 624.]