reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1423 - ATTORNEYS FEES AND COSTS AGAINST THE STATE OF IDAHO, ANY STATE AGENCY OR ANY OFFICER OR EMPLOYEE.

42-1423. ATTORNEYS FEES AND COSTS AGAINST THE STATE OF IDAHO, ANY STATE AGENCY OR ANY OFFICER OR EMPLOYEE. No judgment for costs or award of attorneys fees against the state of Idaho, any state agency, or any officer or employee of the state of Idaho shall be allowed in any water rights adjudication proceeding pursuant to this chapter. The state of Idaho expressly refuses to waive its sovereign immunity to the imposition of any judgment for costs or award of attorney fees. The state of Idaho, state administrative agency, or any officer or employee shall not be required to pay any fees other than those provided in section 42-1414, Idaho Code, for appearing in a proceeding brought under this chapter or any appeal of a matter arising from such proceeding.
History:
[42-1423, added 1994, ch. 454, sec. 30, p. 1473.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1427 - DESCRIPTIONS OF WATER RIGHTS — REPORTING AND DECREEING ELEMENTS OF A DECREED OR LICENSED WATER RIGHT.

42-1427. DESCRIPTIONS OF WATER RIGHTS — REPORTING AND DECREEING ELEMENTS OF A DECREED OR LICENSED WATER RIGHT. (1) Legislative findings:
(a) The legislature finds that existing water rights are not uniformly described. Many old water rights were simply defined by source, priority date and diversion rate. Over time, the legislature and courts have made this original description of a water right more specific by the addition of other elements. Because of the increasing demand for water, it is important that the elements of a water right be standardized to allow for fair and efficient administration of the limited water supply. One (1) purpose of chapter 14, title 42, Idaho Code, is to establish, through an adjudication a uniform description for surface water rights, ground water rights and water rights which include storage.
(b) Because of the passage of time it is not possible to establish with any degree of certainty the undefined elements of a decreed or licensed water right as they existed on the date the right was established, because water delivery has occurred based upon the historic water use patterns and custom, and because attempts to define elements of a water right based upon unknown conditions in existence on the date of the establishment of the water right could result in significant impacts upon the claimant, the local economy and tax base, the legislature finds that it is in the public interest to provide a mechanism to decree previously undefined elements of existing water rights based upon conditions existing on the date of commencement of the adjudication provided the claimant is not exceeding any previously determined and recorded element of the decreed or licensed water right.
(2) If a licensed or decreed water right does not describe all of the elements of a water right required in section 42-1409, Idaho Code, the director shall include in his report recommendations for those elements not defined by the prior license or decree based upon the extent of beneficial use of the water right as of the date of the commencement of an adjudication.
History:
[42-1427, added 1994, ch. 454, sec. 33, p. 1476; am. 1994, ch. 455, sec. 6, p. 1489.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1428 - SEVERABILITY.

42-1428. 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 remaining portions of this act.
History:
[(42-1428) 1986, ch. 220, sec. 23, p. 582; am. and redesig. 1994, ch. 454, sec. 29, p. 1473.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 15 - MINIMUM STREAM FLOW › Section 42-1501 - LEGISLATIVE PURPOSE — MINIMUM STREAM FLOW DECLARED BENEFICIAL USE.

42-1501. LEGISLATIVE PURPOSE — MINIMUM STREAM FLOW DECLARED BENEFICIAL USE. The legislature of the state of Idaho hereby declares that the public health, safety and welfare require that the streams of this state and their environments be protected against loss of water supply to preserve the minimum stream flows required for the protection of fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, transportation and navigation values, and water quality. The preservation of the water of the streams of this state for such purposes when made pursuant to this act is necessary and desirable for all the inhabitants of this state, is in the public interest and is hereby declared to be a beneficial use of such water. The legislature further declares that minimum stream flow is a beneficial use of water of the streams of this state for the purpose of protecting such waters from interstate diversion to other states or by the federal government for use outside the boundaries of the state of Idaho. Minimum stream flows as established hereunder shall be prior in right to any claims asserted by any other state, government agency, or person for out of state diversion. It is, therefore, necessary that authority be granted to receive, consider, approve or reject applications for permits to appropriate water of the streams of this state to such beneficial uses to preserve such water from subsequent appropriation to other beneficial uses under the provisions of chapter 2, title 42, Idaho Code.
History:
[42-1501, added 1978, ch. 345, sec. 11, p. 891.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 15 - MINIMUM STREAM FLOW › Section 42-1502 - DEFINITIONS.

42-1502. DEFINITIONS. Whenever used in this act, the terms:
(a) "Appropriate" or "appropriation" mean [means] the identification of a beneficial use and place of in-stream use of the waters of a stream. It shall not be construed to require any kind of physical structure or physical diversion from the stream;
(b) "Board" means the Idaho water resource board;
(c) "Department" means the Idaho department of water resources;
(d) "Director" means the director of the Idaho department of water resources;
(e) "Stream" means any lake, spring, creek, stream, river or other natural body of standing or moving water which is subject to appropriation under the laws of the state of Idaho;
(f) "Minimum stream flow" means the minimum flow of water in cubic feet per second of time or minimum lake level in feet above mean sea level required to protect the fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, navigation, transportation, or water quality of a stream in the public interest;
(g) "Unappropriated water" means water which is not subject to diversion and use under any prior existing water right established by diversion and application to a beneficial use or by application, permit or license on file or issued by the director under the provisions of chapter 2, title 42, Idaho Code, with a priority of water right date earlier than an application for appropriation of minimum stream flow filed under the provisions of this act.
History:
[42-1502, added 1978, ch. 345, sec. 11, p. 892.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 15 - MINIMUM STREAM FLOW › Section 42-1504 - REQUEST TO FILE APPLICATION.

42-1504. REQUEST TO FILE APPLICATION. Any person, association, municipality, county, state or federal agency may, in writing, request that the board consider the appropriation of a minimum stream flow of the unappropriated waters of any stream. Said request shall be in writing and provide the same information required in the form provided for by section 42-1503, Idaho Code. The board shall consider said request within six (6) months after it is filed and may proceed to reject or accept the proposal. There shall be no right of review of any board decision rejecting a request under this section. If the board decides that the request has merit, the board shall proceed as provided in this act. The board may hold hearings in reaching its decision and shall notify the requesting party of its decision.
History:
[42-1504, added 1978, ch. 345, sec. 11, p. 894.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 15 - MINIMUM STREAM FLOW › Section 42-1505 - PRIORITY DATE — ADMINISTRATION.

42-1505. PRIORITY DATE — ADMINISTRATION. In his direction and control of the distribution of water from the streams of this state under the provisions of chapter 6, title 42, Idaho Code, the director shall consider any approved application for appropriation of minimum stream flow filed under the provisions of this act as a water right with priority date as of the date of receipt in the office of the director of a complete application. Water shall not be deemed to be available to fill any water right of later priority date if diversion of such water would result in a decrease in the flow of the stream or level of the lake below the minimum stream flow or minimum lake level specified in said approved application for appropriation of minimum stream flow at the locations described in said approved application.
History:
[42-1505, added 1978, ch. 345, sec. 11, p. 894.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 15 - MINIMUM STREAM FLOW › Section 42-1506 - LEMHI RIVER — MINIMUM STREAM FLOW APPROPRIATION.

42-1506. LEMHI RIVER — MINIMUM STREAM FLOW APPROPRIATION. (1) The water resource board is hereby authorized and directed to appropriate and hold in trust for the people of the state of Idaho a minimum stream flow water right in a designated reach of the Lemhi river in accordance with the provisions of this section. The minimum stream flow appropriation in the designated reach shall be in the amount of thirty-five (35) cfs from January 1 through December 31, provided that fifteen (15) cfs of the appropriation shall be subordinated to all diversions, including high waters or flood waters, authorized under the Lemhi river basin decree (Lemhi County Case No. 4948). The designated reach begins at water diversion L-6 located on the Lemhi river in the southeast quarter (1/4) of section twenty-four (24), township twenty-one (21) north, range twenty-two (22) east of the Boise meridian, and ends at the confluence of the Lemhi river with the Salmon river near the southwest corner of section thirty-two (32), township twenty-two (22) north, range twenty-two (22) east of the Boise meridian, Lemhi county.
(2) The water resource board shall appropriate the minimum stream flow water right authorized under this section in accordance with the provisions of section 42-1503, Idaho Code. In acting upon the application for permit, the director of the department of water resources need not determine that the appropriation is capable of being maintained based upon records of existing stream flows because it is anticipated that the water right will be maintained through operation of the water supply bank within the Lemhi river basin consistent with the provisions of section 42-1765A, Idaho Code.
(3) Upon the board’s filing of an application for permit to appropriate water as directed by this section, the director of the department of water resources is authorized and directed, on an interim basis pending final action on the application for permit, to distribute water under the filing in accordance with the doctrine of prior appropriation using a priority date as of the filing of the application for permit.
History:
[42-1506, added 2001, ch. 373, sec. 1, p. 1309.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 15 - MINIMUM STREAM FLOW › Section 42-1506A - LEMHI RIVER — MCFARLAND CAMPGROUND MINIMUM STREAM FLOW APPROPRIATION.

42-1506A. LEMHI RIVER — MCFARLAND CAMPGROUND MINIMUM STREAM FLOW APPROPRIATION. (1) The water resource board is hereby authorized and directed to appropriate and hold in trust for the people of the state of Idaho a minimum stream flow water right in a designated reach of the Lemhi River in accordance with the provisions of this section. The minimum stream flow appropriation shall be in the amount of 420 c.f.s. at McFarland Campground located on the Lemhi River in the NWSE of Section 14, Township 17 North, Range 24 East, Boise Meridian. The elements of this water right shall include the following:
(a) This water right may be exercised only two (2) years out of every five (5) years. The five (5) year period shall be a rolling period.
(b) The exercise of the right shall be limited to a duration of three (3) days, during the March 15 to July 6 period of use. The three (3) day period shall be timed to occur as near as possible to the peak of Lemhi runoff.
(2) This right may not call against water rights with points of diversion from streams administered as separate streams pursuant to the Partial Decree pursuant to I.R.C.P. 54(b) of the Basin 74 High Flow General Provision approved by the SRBA District Court on January 2, 2006, except as to Lemhi Basin stream flow maintenance water rights appropriated pursuant to section 42-251, Idaho Code.
(3) The water resource board shall appropriate the minimum stream flow water right authorized under this section in accordance with the provisions of section 42-1503, Idaho Code. In acting upon the application for permit, the director of the department of water resources need not determine that the appropriation is capable of being maintained based upon records of existing stream flows because it is anticipated that the water right will be maintained through conditions on water rights acquired pursuant to section 42-251, Idaho Code.
(4) Upon the board’s filing of an application for permit to appropriate water as directed by this section, the director of the department of water resources is authorized and directed, on an interim basis pending final action on the application for permit, to distribute water under the filing in accordance with the doctrine of prior appropriation using a priority date as of the filing of the application for permit.
History:
[42-1506A, added 2022, ch. 290, sec. 2, p. 924.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 15 - MINIMUM STREAM FLOW › Section 42-1507 - SNAKE RIVER WATER RIGHTS AGREEMENT MINIMUM STREAM FLOW WATER RIGHTS ESTABLISHED.

42-1507. SNAKE RIVER WATER RIGHTS AGREEMENT MINIMUM STREAM FLOW WATER RIGHTS ESTABLISHED. (1) The legislature hereby establishes minimum stream flow water rights for the stream reaches identified by resolution of the Idaho water resource board, adopted February 8, 2005. The elements of the minimum stream flow water rights established by this section are as defined by the board’s resolution and the attachments thereto. The board shall hold the minimum stream flow water rights in trust for the people of the state of Idaho, and the board shall file claims for the rights in the Snake river basin adjudication. These minimum stream flow water rights shall have a priority date as of April 1, 2005, and shall be subordinated to future domestic, commercial, municipal, and industrial water uses and such other future uses as described in the December 17, 2004, resolution of the Idaho water resource board providing approval of the Snake River Water Rights Agreement of 2004 ("Mediator’s Term Sheet" dated April 20, 2004, and submitted on that date to the SRBA Court in SRBA Consolidated Subcase 03-10022 and SRBA Consolidated Subcase 67-13701, with all appendices to the document), as approved, ratified, and confirmed by the 108
th
Congress of the United States in the "Snake River Water Rights Act of 2004," Pub. L. No. 108-447 (H.R. 4818), 118 Stat. 3431 to 3441 (December 8, 2004).
(2) No fee shall be required in connection with the filing of claims in the Snake river basin adjudication for the minimum stream flow water rights established by this section.
(3) Any minimum stream flow water rights established by this section that are not capable of being maintained may be satisfied and maintained through operation of the water supply bank authorized by sections 42-1761 through 42-1765, Idaho Code, inclusive, and other available methods consistent with Idaho law.
(4) In the event the state decides to change any minimum stream flow water rights created by this section, it will provide notice of such change and consult with the Nez Perce tribe on a government-to-government basis as provided in the Snake River Water Rights Agreement of 2004. Provided however, nothing herein or in the Snake River Water Rights Agreement of 2004 shall be construed or interpreted to abridge, impair or limit the authority of the state of Idaho to create, modify or terminate any minimum stream flow water right established by this section.
(5) This section shall not become effective until the governor issues a proclamation certifying that all conditions for the effectiveness of the Snake River Water Rights Agreement of 2004 have been satisfied.
History:
[42-1507, added 2005, ch. 150, sec. 1, p. 466.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 16 - ARTESIAN WELLS › Section 42-1601 - WELL NOT CONTROLLED A COMMON NUISANCE — APPROVAL OF DIRECTOR — RESERVOIRED WATER — MAINTENANCE OF ARTESIAN WELLS.

42-1601. WELL NOT CONTROLLED A COMMON NUISANCE — APPROVAL OF DIRECTOR — RESERVOIRED WATER — MAINTENANCE OF ARTESIAN WELLS. (1) Any person owning or controlling a flowing artesian well, which is not capped, equipped or furnished with such mechanical appliance as will readily control the flow of water from such well, shall be guilty of a misdemeanor and such well is hereby declared to be a common nuisance; and any person owning or controlling a flowing artesian well, which is capped, equipped or furnished with a mechanical appliance for arresting and preventing the flow of water therefrom, which cap, equipment or mechanical appliance is of a type that has not been approved by the director of the department of water resources, shall be guilty of a misdemeanor and such well is hereby declared to be a common nuisance: provided, however, that in cases where the waters of artesian wells are reservoired and controlled so that waste is not committed and a common nuisance created and where the pressure of water in a reservoir automatically causes wells to cease to flow, such mechanical contrivances may be dispensed with by obtaining the consent of the director of the department of water resources.
(2) Any person owning or controlling an artesian well shall maintain the well to prevent waste or contamination of ground waters through leaky casings, pipes, fittings, valves, pumps, seals or through leakage around the outside of the casings, whether the leakage is above or below the land surface.
(3) The owner of the land on which the well is located shall be deemed to own the well unless a deed, covenant, contract, easement, or other documentation acceptable to the director is available to demonstrate that the well is owned by another.
(4) If a ground water management district created pursuant to chapter 51, title 42, Idaho Code, has adopted and is implementing a plan for the repair of leaking artesian wells acceptable to the director of the department of water resources, then the director of the department of water resources will not take any administrative or judicial action to require repair of a well within the ground water management district if the person owning the well is an active participant in the ground water management district.
History:
[(42-1601) 1921, ch. 196, sec. 1, p. 399; I.C.A., sec. 41-1401; am. 1987, ch. 347, sec. 10, p. 753; am. 1995, ch. 294, sec. 1, p. 1036.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 16 - ARTESIAN WELLS › Section 42-1602 - UNNECESSARY FLOW UNLAWFUL — USE FOR DOMESTIC PURPOSES.

42-1602. UNNECESSARY FLOW UNLAWFUL — USE FOR DOMESTIC PURPOSES. It shall be unlawful for the owner, tenant, or occupant of the land upon which such well is situated to cause, permit, or suffer, such common nuisance, or suffer or permit it to remain or continue; and it shall be unlawful for any person owning, possessing or occupying any land, upon which is situated an artesian well, to cause, suffer or permit the water to unnecessarily flow from such well or to go to waste: provided, however, that it shall be lawful for any such person to insert a stop and waste cock, not exceeding one (1) inch in diameter, in the piping of such well and to take and use water therefrom through such stop and waste cock at any time for household, stock or domestic purposes.
History:
[(42-1602) 1921, ch. 196, sec. 2, p. 399; I.C.A., sec. 41-1402.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 16 - ARTESIAN WELLS › Section 42-1603 - APPLICATION FOR APPROVAL OF CONTROL DEVICE — APPROVAL NECESSARY.

42-1603. APPLICATION FOR APPROVAL OF CONTROL DEVICE — APPROVAL NECESSARY. Every person referred to in section 42-1602[, Idaho Code,] shall apply to the director of the department of water resources for the approval of any installed or proposed mechanical device for controlling the flow of water from such artesian well; and in such application shall describe the cap, equipment or mechanical appliance, with which such well is equipped or with which it is proposed to equip any such well, and shall change, alter or install only such equipment as shall be approved by the director of the department of water resources.
History:
[(42-1603) 1921, ch. 196, sec. 3, p. 399; I.C.A., sec. 41-1403.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 16 - ARTESIAN WELLS › Section 42-1604 - ARTESIAN WELL DEFINED.

42-1604. ARTESIAN WELL DEFINED. For the purposes of this chapter, an artesian well is defined as any well, as defined in subsection (b) of section 42-230, Idaho Code, which encounters pressurized ground water or low temperature geothermal resource under sufficient head to rise above the elevation at which it was first encountered whether or not the fluid flows at land surface. If the fluid level stands above land surface, the well is a flowing artesian well.
History:
[(42-1604) 1921, ch. 196, sec. 4, p. 399; I.C.A., sec. 41-1404; am. 1987, ch. 347, sec. 11, p. 754.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 16 - ARTESIAN WELLS › Section 42-1605 - ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF — CRIMINAL PENALTIES.

42-1605. ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF — CRIMINAL PENALTIES. (1) When the director of the department of water resources determines that any person is in substantial violation of any provision of this chapter or any rule, condition of approval or order issued or promulgated pursuant to this chapter, the director may commence an administrative enforcement action by issuing a written notice of violation in accordance with the provisions of section 42-1701B, Idaho Code. The director may petition the district court for injunctive relief in order to prevent damage pending the outcome of enforcement proceedings before the director.
(2) Criminal penalties. Any person who willfully or negligently violates any of the provisions of this chapter shall, for each offense, be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than three hundred dollars ($300) and not more than one thousand dollars ($1,000). Each day upon which such violation occurs shall constitute a separate violation.
History:
[(42-1605) 1921, ch. 196, sec. 5, p. 399; I.C.A., sec. 41-1405; am. 1987, ch. 347, sec. 12, p. 754; am. 1993, ch. 216, sec. 34, p. 617; am. 1998, ch. 173, sec. 7, p. 606.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1701A - HEARINGS BEFORE DIRECTOR — APPEALS.

42-1701A. HEARINGS BEFORE DIRECTOR — APPEALS. (1) All hearings required by law to be held before the director of the department of water resources shall be conducted in accordance with the provisions of chapter 52, title 67, Idaho Code, and rules of procedure promulgated by the director.
(2) The director, in his discretion, may direct that a hearing be conducted by a hearing officer appointed by the director. In such event, the hearing officer shall have the duty to make a complete record of the evidence presented and duly received at the hearing and to prepare a recommended or preliminary order in accordance with chapter 52, title 67, Idaho Code, and rules of procedure promulgated by the director.
(3) Unless the right to a hearing before the director or the water resource board is otherwise provided by statute, any person aggrieved by any action of the director, including any decision, determination, order or other action, including action upon any application for a permit, license, certificate, approval, registration, or similar form of permission required by law to be issued by the director, who is aggrieved by the action of the director, and who has not previously been afforded an opportunity for a hearing on the matter shall be entitled to a hearing before the director to contest the action. The person shall file with the director, within fifteen (15) days after receipt of written notice of the action issued by the director, or receipt of actual notice, a written petition stating the grounds for contesting the action by the director and requesting a hearing. The director shall give such notice of the petition as is necessary to provide other affected persons an opportunity to participate in the proceeding. The hearing shall be held and conducted in accordance with the provisions of subsections (1) and (2) of this section. Judicial review of any final order of the director issued following the hearing shall be had pursuant to subsection (4) of this section.
(4) Any person who is aggrieved by a final decision or order of the director is entitled to judicial review. The judicial review shall be had in accordance with the provisions and standards set forth in chapter 52, title 67, Idaho Code.
History:
[42-1701A, added 1980, ch. 238, sec. 1, p. 526; am. 1993, ch. 216, sec. 36, p. 619; am. 1994, ch. 450, sec. 2, p. 1435; am. 2003, ch. 138, sec. 1, p. 403.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1702 - DUTY TO SUPPLY INFORMATION.

42-1702. DUTY TO SUPPLY INFORMATION. The director shall, free of charge, give any information desired by any person as to the proper method of measuring water, or of constructing an apparatus for such measurement, upon proper application being made; and shall give special instructions to all watermasters as to measurement of water so as to secure a just distribution of the same.
History:
[(42-1702) 1895, p. 215, sec. 12; reen. 1899, p. 282, sec. 11; reen. R.C., sec. 157; reen. C.L. 126:8; C.S., sec. 2984; I.C.A., sec. 41-1502; am. 1974, ch. 20, sec. 5, p. 533.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1703 - ATTORNEY GENERAL TO ADVISE DIRECTOR.

42-1703. ATTORNEY GENERAL TO ADVISE DIRECTOR. The director may require, and shall receive, from the attorney general of the state, advice upon any question of public interest arising in the performance of duties under this chapter, which advice shall be in writing when so desired. The director may employ counsel or may retain private counsel.
History:
[(42-1703) 1895, p. 215, sec. 13; reen. 1899, p. 282, sec. 12; reen. R.C., sec. 158; reen. C.L. 126:9; C.S., sec. 2985; I.C.A., sec. 41-1503; am. 1974, ch. 20, sec. 6, p. 533.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1704 - DIRECTOR TO MAKE REPORT.

42-1704. DIRECTOR TO MAKE REPORT. The director shall make and render to the governor, annually, or oftener, if required, full and true reports of the work performed by the department, which reports shall contain any recommendations he may have to make in reference to legislation affecting the department.
History:
[(42-1704) 1895, p. 215, sec. 14; reen. 1899, p. 282, sec. 13; reen. R.C., sec. 159; reen. C.L. 126:10; C.S., sec. 2986; I.C.A., sec. 41-1504; am. 1974, ch. 20, sec. 7, p. 533.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1705 - COOPERATION WITH UNITED STATES GEOLOGICAL SURVEY.

42-1705. COOPERATION WITH UNITED STATES GEOLOGICAL SURVEY. The director of the department of water resources is hereby authorized to cooperate with the United States geological survey in the investigation of the water resources and gauging the flow of the streams of the state of Idaho so long as the federal government is engaged in making such measurements and surveys. To that end he is hereby authorized to make the necessary contract or contracts with the director of the United States geological survey whereby a part of the expenses incurred in the making of such surveys, gaugings and measurements may be paid by the state of Idaho, to an amount not to exceed the appropriation hereinafter made. Said contract or contracts shall provide among other things, that the United States geological survey shall furnish to the department of water resources complete and detailed reports of the results obtained by said survey, gaugings and measurements and copies of such original records, plats, notes and other data as shall be required by the department. Such reports, plats, notes, records and data shall be and become a part of the permanent records of the office of the department. All claims for expenses incurred or made hereunder shall be filed, examined, and when allowed, paid out of the state treasury in the same manner that other claims against the state are made, filed, examined and paid.
History:
[(42-1705) 1919, ch. 173, sec. 1, p. 548; C.S., sec. 2987; I.C.A., sec. 41-1505; am. 1974, ch. 20, sec. 8, p. 533.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1706 - ADDITIONAL DUTIES OF DIRECTOR.

42-1706. ADDITIONAL DUTIES OF DIRECTOR. The director of the department of water resources shall make or cause to be made careful measurements of the flow in cubic feet per second of the various streams in the state whose waters are, or are likely to be, appropriated and used, through that part of the season which he may deem necessary or expedient, to afford information for irrigating purposes, commencing with those streams most used for irrigation. The director shall collect facts and make surveys to ascertain suitable locations for reservoirs upon streams where such reservoirs may be possible and beneficial, and shall, as far as possible, determine the cost of constructing such reservoirs, and all other facts possible in regard to quantity of water possible to be stored, the character and extent of land that may be reclaimed by the water from such reservoirs, together with all other information possible that may bear upon the subject. The director shall become familiar with the waterways and irrigable land in the state and the needs of the state as to irrigation matters, and all records of any such information shall be the property of the state and open to public inspection. The director shall keep full and complete records of all measurements of streams, surveys, examinations or other valuable information that may come into his possession concerning any of the duties of the department, and shall furnish reasonable information in regard to such measurements or surveys to the newspapers of the state upon proper request.
In addition to the duties prescribed in this chapter, the director shall perform such other professional duties as may be required of him by the governor, and shall give advice on any matters of a professional nature, when called upon by the governor to do so.
History:
[(42-1706) 1895, p. 215, sec. 15; reen. 1899, p. 282, sec. 14; reen. R.C., sec. 160; reen. C.L. 126:11; C.S., sec. 2988; I.C.A., sec. 41-1506; am. 1974, ch. 20, sec. 9, p. 533.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1709 - INSPECTION AND OVERSIGHT ON COMPLAINT OR DIRECTOR’S DETERMINATION.

42-1709. INSPECTION AND OVERSIGHT ON COMPLAINT OR DIRECTOR’S DETERMINATION. (1) If any person or persons shall report in writing to the director that any dam, artificial barrier or embankment that stores or impounds water, except for those excluded in section 42-1711(b)(1) through (4), Idaho Code, or mine tailings impoundment structure used for storing tailings slurry is unsafe and endangering life or property, then it shall be the duty of the director to inspect, or cause to be inspected, such dam, artificial barrier or embankment or mine tailings impoundment structure as soon as possible, and, if he considers it unsafe, to proceed as provided in this chapter.
(2) If the director determines that the failure of any artificial barrier or embankment that stores or impounds water, except for those excluded in section 42-1711(b)(1) through (4), Idaho Code, would pose a threat of direct loss of life or significant property damage, the director shall regularly inspect and regulate it as a dam as provided in this chapter.
History:
[(42-1709) 1895, p. 215, sec. 11; reen. 1899, p. 282, sec. 10; reen. R.C., sec. 156; reen. C.L. 126:14; C.S., sec. 2991; I.C.A., sec. 41-1509; am. 1974, ch. 20, sec. 10, p. 533; am. 1978, ch. 309, sec. 1, p. 786; am. 2016, ch. 206, sec. 1, p. 578.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1710 - INTENT OF LEGISLATURE — CONSTRUCTION, MAINTENANCE AND OPERATION OF DAMS AND MINE TAILINGS IMPOUNDMENT STRUCTURES.

42-1710. INTENT OF LEGISLATURE — CONSTRUCTION, MAINTENANCE AND OPERATION OF DAMS AND MINE TAILINGS IMPOUNDMENT STRUCTURES. It is the intent of the legislature by this act to provide for the regulation of construction, maintenance and operation of all dams, reservoirs and mine tailings impoundment structures exclusively by the state to the extent required for the protection of public safety. All dams, reservoirs and mine tailings impoundment structures in the state are under jurisdiction of the department of water resources. The department of water resources, under the police power of the state, shall supervise the construction, enlargement, alteration, repair, maintenance, operation and removal of dams, reservoirs and mine tailings impoundment structures for the protection of life and property. The department of water resources may enter into agreements with other state agencies having jurisdiction over water storage structures to limit duplication of inspection, review and regulation of such structures.
History:
[42-1710, added 1969, ch. 280, sec. 1, p. 833; am. 1974, ch. 20, sec. 11, p. 533; am. 1978, ch. 309, sec. 2, p. 786; am. 2000, ch. 78, sec. 1, p. 164.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1713 - FEES.

42-1713. FEES. Fees provided for in this chapter shall be required of all enumerated in the definition of owner. Fees for an enlargement to an existing dam or mine tailings impoundment structure shall be based upon the increase in storage capacity or tailings storage capacity. Fees for alterations or repairs of an existing dam or mine tailings impoundment structure shall be based on an estimate, made by the director, of costs of inspections to be made, however, in no case shall such fees exceed that which would be required by the fee schedule for construction of the dam or mine tailings impoundment structure.
The fee for construction of a dam or mine tailings impoundment structure, or for enlarging an existing dam or mine tailings impoundment structure, shall be two hundred dollars ($200) plus the following amount:
(a) For one thousand (1,000) acre-feet capacity or less, ten dollars ($10.00) for each ten (10) acre-feet or part thereof.
(b) For over one thousand (1,000) acre-feet capacity but not exceeding ten thousand (10,000) acre-feet capacity, one thousand dollars ($1,000) plus one dollar ($1.00) for each ten (10) acre-feet or part thereof over the first one thousand (1,000) acre-feet capacity.
(c) For storage in excess of ten thousand (10,000) acre-feet, one thousand nine hundred dollars ($1,900) plus twenty cents (20¢) for each ten (10) acre-feet or part thereof over the first ten thousand (10,000) acre-feet capacity. In no case, however, shall the fee be more than six thousand dollars ($6,000).
All plans, drawings and specifications shall not be considered by the department until the filing fee is received. All moneys received by the department under the provisions of this chapter shall be deposited in the water administration fund created under section 42-238a, Idaho Code, and shall be available to the department in carrying out the provisions of this chapter. Fees submitted shall not be refunded.
History:
[42-1713, added 1969, ch. 280, sec. 4, p. 833; am. 1970, ch. 73, sec. 2, p. 187; am. 1974, ch. 20, sec. 14, p. 533; am. 1978, ch. 309, sec. 4, p. 788; am. 1980, ch. 195, sec. 1, p. 431; am. 2004, ch. 169, sec. 1, p. 548.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1714 - RULES.

42-1714. RULES. The water resource board shall adopt and revise from time to time such rules as may be necessary for carrying out the provisions of sections 42-1710 through 42-1721, Idaho Code. The rules governing mine tailings and impoundment structures shall require the owner to provide an abandonment plan to assure that the site will be in a safe maintenance-free condition upon completion of the mining operation. The rules shall also require the owner to provide to the director a bond or other acceptable surety adequate to complete the abandonment plan if the owner abandons the site without conforming to the plan. The amount of the bond shall be determined by the director and shall be established to avoid duplication with sureties deposited with other governmental agencies. In lieu of any surety required hereunder, the owner may deposit cash and governmental securities with the director in an amount equal to that of the required surety on conditions as prescribed in the rules.
History:
[42-1714, added 1969, ch. 280, sec. 5, p. 833; am. 1974, ch. 20, sec. 15, p. 533; am. 1978, ch. 309, sec. 5, p. 789; am. 2000, ch. 298, sec. 1, p. 1029.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1716 - NOTICE OF COMPLETION — FILING OF SUPPLEMENTARY DRAWINGS OR DESCRIPTIVE MATTER.

42-1716. NOTICE OF COMPLETION — FILING OF SUPPLEMENTARY DRAWINGS OR DESCRIPTIVE MATTER. Immediately upon completion of a new dam, reservoir or mine tailings impoundment structure or enlargement or repair of a dam, reservoir or mine tailings impoundment structure the owner shall give notice of completion to the director, and as soon thereafter as possible file with the director supplementary drawings or descriptive matter showing or describing the dam, reservoir or mine tailings impoundment structure as actually constructed, including the following:
(a) A record of all grout holes and grouting.
(b) A record of permanent location points and bench marks.
(c) A record of tests of concrete or other material used in the construction of the dam, reservoir or mine tailings impoundment structure.
(d) Any other items which may be of permanent value and have a bearing on the safety and performances of the dam, reservoir or mine tailings impoundment structure.
In connection with the enlargement or repair of a dam, reservoir or mine tailings impoundment structure, the supplementary drawings and descriptive matter need apply only to the new work.
History:
[42-1716, added 1969, ch. 280, sec. 7, p. 833; am. 1974, ch. 20, sec. 17, p. 533; am. 1978, ch. 309, sec. 7, p. 790.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1718 - REMEDIAL MEANS FOR PROTECTION OF LIFE AND PROPERTY.

42-1718. REMEDIAL MEANS FOR PROTECTION OF LIFE AND PROPERTY. The director shall immediately employ any remedial means necessary to protect life and property if either:
(a) The condition of any dam, reservoir or mine tailings impoundment structure is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of an order relative to maintenance or operation.
(b) Passing or imminent floods threaten the safety of any dam, reservoir or mine tailings impoundment structure.
In applying the remedial means provided for in this act, the department may in emergency do any of the following:
(a) Lower the water level by releasing water from the reservoir or lower mine tailings slurry level by releasing slurry from the mine tailings impoundment structure.
(b) Completely empty the reservoir.
(c) Take such other steps as may be essential to safeguard life and property.
The director shall continue in full charge and control of such dam or reservoir, or both, or mine tailings impoundment structure, or all, and its appurtenances, until they are rendered safe or the emergency occasioning the action has ceased.
If the cost of the emergency remedial action by the director for the protection of life and property exceeds the amount of money appropriated from the general fund specifically for that purpose, the additional costs may be defrayed by the issuance of deficiency warrants as may be authorized by the board of examiners. When so authorized, the state controller shall draw deficiency warrants against the general fund.
The cost and expenses of the remedial means provided in this act, including cost of any work done to render a dam, reservoir or mine tailings impoundment structure or its appurtenances safe, shall be recoverable by the state from the owner. If not paid within sixty (60) days of invoice, action may be brought by the director in the district court of the district wherein the dam, reservoir or mine tailings impoundment structure or any part thereof is situated. The funds recovered shall be returned to the general fund to offset the amount of the deficiency warrant.
No action shall be brought by the state against the owner for pollution which may occur in the event that the director orders emergency dumping or bypassing.
History:
[42-1718, added 1969, ch. 280, sec. 9, p. 833; am. 1974, ch. 20, sec. 19, p. 533; am. 1978, ch. 309, sec. 9, p. 793; am. 1995, ch. 283, sec. 1, p. 944; am. 2003, ch. 32, sec. 23, p. 130.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1720 - VIOLATIONS OF CHAPTER — PENALTIES.

42-1720. VIOLATIONS OF CHAPTER — PENALTIES. (1) Every person who violates any of the provisions of this chapter, or of any order of the director or of any rule of the water resource board where a copy of the order or rule has been served upon said person by certified mail as herein provided, and said person fails to comply therewith within the time herein provided, or within ten (10) days of such service if not otherwise provided, shall be guilty of a misdemeanor. In the event of a continuing violation, each day that the violation continues constitutes a separate and distinct offense.
(2) Any person who willfully obstructs, hinders, or prevents the director, the department or its agents or employees from performing the duties imposed by this chapter or who willfully resists the exercise of the control and supervision conferred by this chapter upon the director, the department or its agents or employees is guilty of a misdemeanor.
(3) Any owner or any person acting as a director, officer, agent or employee of an owner, or any contractor or agent or employee of a contractor who engages in the construction, enlargement, repair, alteration, maintenance or removal of any dam, reservoir or mine tailings impoundment structure, who knowingly does work or permits work to be executed on the dam, reservoir or mine tailings impoundment structure without an approval or in violation of or contrary to any approval as provided for in this chapter, or any inspector, agent or employee of the department who has knowledge of such work being done and who fails to immediately notify the director thereof, is guilty of a misdemeanor.
(4) Whenever any party or parties feel themselves aggrieved by the determination of the director in refusing to approve any plan or specification as mentioned in this chapter, or by any order of the director, such party or parties may seek a hearing before the director in accordance with section 42-1701A(3), Idaho Code, if a hearing has not already been held, and may seek judicial review in accordance with section 42-1701A(4), Idaho Code, of any final order of the director issued following a hearing.
(5) When the director of the department of water resources determines that any person is in substantial violation of any provision of this chapter or any rule, certificate, condition of approval or order issued or promulgated pursuant to this chapter, the director may commence an administrative enforcement action by issuing a written notice of violation in accordance with the provisions of section 42-1701B, Idaho Code.
History:
[42-1720, added 1969, ch. 280, sec. 11, p. 833; am. 1974, ch. 20, sec. 21, p. 533; am. 1978, ch. 309, sec. 11, p. 795; am. 1980, ch. 238, sec. 16, p. 547; am. 1998, ch. 173, sec. 9, p. 610.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1730 - STATEMENT OF PURPOSE.

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