reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 42 - STATE PARKS › Section 67-4232 - RECREATION TRAILS SYSTEM — DEFINITIONS.

67-4232. RECREATION TRAILS SYSTEM — DEFINITIONS. As used in this act, the following terms have the following meanings:
(a) "System" means the network of trails and trail segments, together with their right of ways, designated by the procedures described in this act;
(b) "Trails" mean a corridor or route for nonmotorized travel;
(c) "Local governments" mean counties, cities, school districts, special districts, and other municipal or political corporations of the state of Idaho;
(d) "Department" means the Idaho state parks and recreation department; and
(e) "Board" means the Idaho parks and recreation board.
History:
[67-4232, added I.C., sec. 67-4232, as added by 1974, ch. 300, sec. 4, p. 1763.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 42 - STATE PARKS › Section 67-4233 - IDAHO RECREATION TRAILS COORDINATOR.

67-4233. IDAHO RECREATION TRAILS COORDINATOR. The Idaho recreation trails coordinator is hereby established within the department of parks and recreation. The coordinator shall advise the board and other agencies and entities on matters relating to the system, including the designation and establishment of trails.
History:
[67-4233, added I.C., sec. 67-4233, as added by 1974, ch. 300, sec. 5, p. 1763.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 42 - STATE PARKS › Section 67-4234 - DUTIES OF COORDINATOR.

67-4234. DUTIES OF COORDINATOR. (1) The coordinator shall advise the board on the development of the system. Trails within the system shall be designated as one (1) or more of the following: hiking, horseback riding, bicycling, snow traveling, or other nonmotorized travel.
(2) The coordinator, in advising the board, shall be guided by the following principles:
(a) emphasis shall be placed on routes located on public lands, but not to the exclusion of private lands;
(b) effort shall be made to maximize the accessibility of trails to potential users;
(c) there shall be utilization of public meetings to secure citizen advice; and
(d) effort shall be made to develop trails which will harmonize with other state goals, such as education and historical preservation.
(3) The coordinator shall advise the board on necessary legislation to further the development of the system.
History:
[67-4234, added I.C., sec. 67-4234, as added by 1974, ch. 300, sec. 6, p. 1763.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 42 - STATE PARKS › Section 67-4235 - PENALTY FOR DEFACING OR DESTROYING TRAIL.

67-4235. PENALTY FOR DEFACING OR DESTROYING TRAIL. Any person who defaces or destroys a trail within the system or appurtenances thereto is guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500), or imprisonment not exceeding six (6) months, or both.
History:
[67-4235, added 1974, ch. 300, sec. 7, p. 1763.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 42 - STATE PARKS › Section 67-4236 - APPROPRIATION — USE OF AVAILABLE MONEYS — INDEMNIFICATION OF OWNERS OF LAND ADJACENT TO TRAILS.

67-4236. APPROPRIATION — USE OF AVAILABLE MONEYS — INDEMNIFICATION OF OWNERS OF LAND ADJACENT TO TRAILS. There is hereby appropriated from the general fund to the Idaho department of parks and recreation the sum of twenty-four thousand two hundred dollars ($24,200), or so much thereof as may be necessary, for the purpose of implementing the provisions of this act. In addition, the department may use any portion of moneys made available to it by any federal agency which may be used for such purposes, including matching funds, as the department determines are necessary or desirable to carry out the provisions of this act. The department may receive and may encourage the receipt of donated funds or property from individuals, groups, or organizations for specified or nonspecified use in connection with the acquisition, development, maintenance, and administration of trails. The department, if it considers it advisable, may provide under its rules and regulations that a portion of the donated funds received for nonspecified purposes may be used to grant to an owner of private land, adjacent to a trail, indemnification for damage clearly caused to his land, and property thereon, by users of the trail, for which the landowner has been unable to recover from the user who caused the damage.
History:
[67-4236, added 1974, ch. 300, sec. 8, p. 1763.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 42 - STATE PARKS › Section 67-4237 - PARKING VIOLATIONS.

67-4237. PARKING VIOLATIONS. (1) If any vehicle, as defined in chapter 1, title 49, Idaho Code, is stopped, standing, or parked in an illegal or unauthorized manner within a state park and the operator cannot be identified readily, the fact that the vehicle is registered or leased in the name of a person shall be prima facie evidence that such person was in control of the vehicle at the time it was parked, unless that person can prove to the satisfaction of the court the vehicle was driven and stopped, placed or parked by an unauthorized person.
(2) The provisions of this section shall be enforced by commissioned peace officers of the Idaho state police, qualified employees of the department of parks and recreation delegated with enforcement authority by the director of the department of parks and recreation pursuant to section 67-4239, Idaho Code, the sheriff and his deputies of any county in the state and any peace officer of the state of Idaho.
(3) Any violation of the provisions of this section shall be an infraction and punishable as provided in section 18-113A, Idaho Code.
History:
[67-4237, added 1984, ch. 233, sec. 1, p. 563; am. 2000, ch. 469, sec. 136, p. 1597; am. 2006, ch. 221, sec. 1, p. 660.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 42 - STATE PARKS › Section 67-4238 - AUTHORITY OF DIRECTOR TO ENTER INTO AGREEMENTS.

67-4238. AUTHORITY OF DIRECTOR TO ENTER INTO AGREEMENTS. (1) In order to further the interpretive and educational functions of recreation facilities in the state of Idaho, the director of the Idaho department of parks and recreation may on behalf of the department, enter into agreements with private nonprofit scientific, historic or educational organizations organized in whole or in part for the purpose of providing interpretive services to recreation facilities in Idaho.
(2) An organization entering into an agreement with the director under subsection (1) of this section may:
(a) Provide educational or interpretive material for sale at a recreation facility;
(b) Acquire display materials and equipment for exhibits at a recreation facility;
(c) Provide support for special recreation facility interpretive programs or environmental education programs;
(d) Support recreation facility libraries;
(e) Provide support for other interpretive projects related to a specific recreation facility.
(3) If the director enters into an agreement with a private organization under subsection (1) of this section, the Idaho department of parks and recreation may:
(a) Provide incidental personnel services to the organization’s interpretive program; and
(b) Provide space at a recreation facility for the interpretive materials provided by the organization.
(4) Any money received from the sale of publications or other materials provided by an organization pursuant to an agreement entered into under this section shall be retained by the organization for use in the interpretive or educational services of the recreation facility for which the organization provides interpretive services.
(5) As used in this section, "recreation facility" includes, but is not limited to, state parks and all recreational, historical and scenic attractions owned or under the control of the state of Idaho and administered by the Idaho department of parks and recreation.
(6) The Idaho department of parks and recreation board shall adopt rules and regulations necessary to carry out the purpose of this section. The rules shall include but need not be limited to:
(a) Procedures and forms to be used by an organization desiring to enter into an agreement with the director under this section.
(b) Guidelines for approving the interpretive material an organization proposes to provide to a recreation facility; and
(c) Provisions for renewing or dissolving an agreement between an organization and the director.
History:
[67-4238, added 1987, ch. 160, sec. 1, p. 315.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 42 - STATE PARKS › Section 67-4239 - ENFORCEMENT AUTHORITY.

67-4239. ENFORCEMENT AUTHORITY. (1) The director of the department of parks and recreation may issue Idaho uniform citations, as provided for by the rules of the court for the magistrates division of the district court and the district court, to violators of title 67, chapters 42 (state parks), 70 (safe boating act), 71 (recreational activities) and 75 (marine sewage disposal act), Idaho Code, and rules adopted under those chapters, within properties owned or managed by the department. The director may delegate this authority to qualified employees of the department.
(2) The department of parks and recreation shall develop, with the guidance and approval of the peace officers standards and training academy, an appropriate training course for employees applicable to issuing citations as authorized and delegated in this section. The director shall ensure, before delegating authority under this section, that employees successfully complete the training course.
History:
[67-4239, added 2000, ch. 357, sec. 1, p. 1192; am. 2003, ch. 128, sec. 1, p. 379.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 42 - STATE PARKS › Section 67-4240 - LEGISLATIVE INTENT.

67-4240. LEGISLATIVE INTENT. The legislature finds that in order to obtain the maximum long-term benefits to the people of Idaho, it is necessary for lands of outstanding park and recreation potential to be acquired and incorporated into the state park system in the most economical manner possible.
The legislature further recognizes that the land assets of the department must be reviewed from time to time to determine whether such assets are most suitable for achieving the department’s objectives. If such assets are unsatisfactory for the purpose of providing outstanding park and recreation opportunities or because of geographic location or other factors are inefficient to manage, then such assets should be replaced by other, more suitable assets so that the full potential of the state park system shall be realized.
The purpose of this chapter is to provide a means to facilitate the disposition, by the parks and recreation board, of unsuitable park and recreation lands, and the acquisition of lands to improve the overall park and recreation opportunities offered by the state park system.
History:
[67-4240, added 1989, ch. 386, sec. 1, p. 962.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 42 - STATE PARKS › Section 67-4241 - PARK LAND TRUST — CREATED — ACQUISITION OF PROPERTY AUTHORIZED.

67-4241. PARK LAND TRUST — CREATED — ACQUISITION OF PROPERTY AUTHORIZED. The parks and recreation board may, by gift, purchase, agreement, device, donation, or otherwise, acquire property to be held by the department in a park land trust. The department may place any lands under its jurisdiction, where not prevented by deed or other restriction, in the park land trust.
History:
[67-4241, added 1989, ch. 386, sec. 2, p. 962.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 42 - STATE PARKS › Section 67-4242 - EXCHANGE OR SALE OF PROPERTY HELD IN PARK LAND TRUST.

67-4242. EXCHANGE OR SALE OF PROPERTY HELD IN PARK LAND TRUST. The parks and recreation board may:
(1) Exchange property held in the park land trust for any lands of equal value which it administers, provided such exchange is not prohibited by title restrictions on such lands;
(2) Exchange property held in the park land trust for property of equal or greater value which is owned publicly or privately and which has greater potential for park and recreation purposes, property which could be more efficiently managed by the department, or property which could be traded for other lands with high park and recreation potential. No power of eminent domain is hereby granted to the department;
(3) Sell property held in the park land trust as provided in section 67-4227, Idaho Code, at a price not less than its appraised value, and use the proceeds from such sale to acquire property for the park land trust which has substantial potential for park and recreation purposes, which can be efficiently managed by the department, or which can be traded for other lands with high park and recreation potential.
History:
[67-4242, added 1989, ch. 386, sec. 3, p. 962.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 42 - STATE PARKS › Section 67-4243 - CONTROL, MANAGEMENT, AND ADMINISTRATION OF PROPERTY HELD IN PARK LAND TRUST.

67-4243. CONTROL, MANAGEMENT, AND ADMINISTRATION OF PROPERTY HELD IN PARK LAND TRUST. The department of parks and recreation shall control, manage, and administer the property held in the park land trust as provided in chapter 42, title 67, Idaho Code. The department of parks and recreation shall, on all lands that were subject to ad valorem taxes on the day prior to the date of acquisition by the park land trust, consult with the county commissioners to determine impact of the acquisition and consider an in lieu of fee as if the lands had continued to be subject to ad valorem taxes.
History:
[67-4243, added 1989, ch. 386, sec. 4, p. 963.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 42 - STATE PARKS › Section 67-4244 - APPROPRIATION — USE OF INCOME.

67-4244. APPROPRIATION — USE OF INCOME. The legislature may authorize an appropriation of moneys in the park lands account, which is hereby created in the agency asset fund of the state treasurer, for the purposes of this chapter. Income from the sale or management of property in the park land trust shall be returned as a recovered expense to the park land account and may be used to acquire property under section 67-4224, Idaho Code. All interest earned on idle moneys in the park land account shall accrue to that account.
History:
[67-4244, added 1989, ch. 386, sec. 5, p. 963.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 42 - STATE PARKS › Section 67-4245 - SHORT TITLE.

67-4245. SHORT TITLE. This act shall be known as the "State Trust for Outdoor Recreation Enhancement (STORE) Act."
History:
[67-4245, added 1995, ch. 332, sec. 1, p. 1104.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 42 - STATE PARKS › Section 67-4246 - LEGISLATIVE INTENT.

67-4246. LEGISLATIVE INTENT. The legislature finds that outdoor recreation is a primary force in providing important social, personal, resource, and economic benefits to the people of Idaho. The legislature further recognizes that in order to obtain the optimum benefit to the people of Idaho, it is necessary to create a reliable source of revenues which will provide funding for capital improvements, repairs, renovations, land acquisition and a recreation incentive program which will enhance Idaho’s local and state park and outdoor recreation opportunities and which will provide alternative activities (to crime or delinquency) for youth and young adults in cooperation with Idaho’s education and law enforcement agencies. The purpose of this act is to establish a trust fund that will generate sufficient revenue to provide stable funding to address Idaho’s outdoor recreation needs.
History:
[67-4246, added 1995, ch. 332, sec. 1, p. 1104.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 42 - STATE PARKS › Section 67-4247 - STATE TRUST FUND FOR OUTDOOR RECREATION ENHANCEMENT — CREATION, ADMINISTRATION, ELIGIBLE RECIPIENTS.

67-4247. STATE TRUST FUND FOR OUTDOOR RECREATION ENHANCEMENT — CREATION, ADMINISTRATION, ELIGIBLE RECIPIENTS. (1) There is hereby created and established in the state treasury a fund to be known and designated as the "state trust for outdoor recreation enhancement (STORE)." The park and recreation board may dedicate funds acquired by gift, agreement, donation, appropriation or otherwise to the STORE fund.
(2) Commencing with the passage and approval of this act, all interest income from the STORE fund is hereby appropriated to, and is to be administered by, the park and recreation board for the purpose of carrying out the provisions of this act.
(a) Up to fifteen percent (15%) of the STORE fund interest income appropriated to the department each year may be used by the department to defray STORE program administrative costs. Any moneys unused at the end of the fiscal year shall be returned to the state treasurer for deposit in the STORE fund.
(b) The park and recreation board may return interest income to the STORE fund to increase the trust principal.
(3) The department shall use the moneys appropriated from the interest income on the STORE fund to:
(a) Operate a grant program to fund capital improvements, repairs, renovations, and land acquisitions that enhance opportunities for outdoor recreation. Indoor swimming pools and indoor ice rinks shall be eligible to receive grant funding provided use is primarily for public recreation. Grant recipients shall be required to provide a fifty percent (50%) match for all grants.
(b) Organize and operate a recreation incentive program to initiate positive growth activities for children and young adults and which will assist rural communities to meet the growing demand for recreation services.
(4) The state of Idaho and any of its subdivisions legally authorized to provide public recreation facilities may apply for and receive grant funds.
(5) Because public, private, and corporate moneys will be contributed to the STORE fund, it is the intent of the legislature to protect the STORE fund against appropriations for purposes other than those stated in this act.
History:
[67-4247, added 1995, ch. 332, sec. 1, p. 1104; am. 1996, ch. 61, sec. 1, p. 178.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 42 - STATE PARKS › Section 67-4249 - RULES.

67-4249. RULES. The Idaho park and recreation board shall adopt rules as necessary to administer the provisions of this act in accordance with legislative intent.
History:
[67-4249, added 1995, ch. 332, sec. 1, p. 1106.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 43 - PRESERVATION OF CERTAIN LAKES AS HEALTH RESORTS AND RECREATION PLACES › Section 67-4301 - BIG PAYETTE LAKE — APPROPRIATION OF WATERS IN TRUST FOR PEOPLE.

67-4301. BIG PAYETTE LAKE — APPROPRIATION OF WATERS IN TRUST FOR PEOPLE. The governor is hereby authorized and directed to appropriate in trust for the people of the state of Idaho all the unappropriated water of Big Payette Lake, or so much thereof as may be necessary to preserve said lake in its present condition. The preservation of said water in said lake for scenic beauty, health and recreation purposes necessary and desirable for all the inhabitants of the state is hereby declared to be a beneficial use of such water.
No fee shall be required in connection with said appropriation by the governor or the permit issued in connection therewith, and no proof of completion of any works of diversion shall be required, but license shall issue at any time upon proof of beneficial use to which said waters are now devoted.
Each succeeding governor in office shall be deemed to be a holder of such permit, in trust for the people of the state.
History:
[(67-4301) 1925, ch. 83, sec. 1, p. 117; I.C.A., sec. 65-4001.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 43 - PRESERVATION OF CERTAIN LAKES AS HEALTH RESORTS AND RECREATION PLACES › Section 67-4302 - BIG PAYETTE LAKE — LANDS DEVOTED TO HEALTH AND RECREATIONAL USES.

67-4302. BIG PAYETTE LAKE — LANDS DEVOTED TO HEALTH AND RECREATIONAL USES. The lands belonging to the state of Idaho between the ordinary high and low water mark at said Big Payette Lake, as well as all other lands of the state adjacent to said lake which are not held in trust for the beneficiaries of the endowed institutions, are hereby declared to be devoted to a public use in connection with the preservation of said lake in its present condition as a health resort and recreation place for the inhabitants of the state and said public use is hereby declared to be a more necessary use than the use of said lands as a storage reservoir for irrigation or power purposes.
History:
[(67-4302) 1925, ch. 83, sec. 2, p. 117; I.C.A., sec. 65-4002; am. 1996, ch. 268, sec. 1, p. 871.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 43 - PRESERVATION OF CERTAIN LAKES AS HEALTH RESORTS AND RECREATION PLACES › Section 67-4303 - BIG PAYETTE LAKE — SEPARABILITY OF ACT.

67-4303. BIG PAYETTE LAKE — SEPARABILITY OF ACT. If any part of this act shall be adjudged to be invalid, such judgment shall not affect, impair or invalidate any part of the remainder.
History:
[(67-4303) 1925, ch. 83, sec. 3, p. 117; I.C.A., sec. 65-4003.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 43 - PRESERVATION OF CERTAIN LAKES AS HEALTH RESORTS AND RECREATION PLACES › Section 67-4304 - PRIEST, PEND OREILLE, AND COEUR D’ALENE LAKES — APPROPRIATION OF WATERS IN TRUST FOR PEOPLE.

67-4304. PRIEST, PEND OREILLE, AND COEUR D’ALENE LAKES — APPROPRIATION OF WATERS IN TRUST FOR PEOPLE. (1) The governor is hereby authorized and directed to appropriate in trust for the people of the state of Idaho all the unappropriated water of Priest, Pend Oreille and Coeur d’Alene Lakes or so much thereof as may be necessary to preserve said lakes in their present condition. The preservation of said water in said lakes for scenic beauty, health, recreation, transportation, and commercial purposes necessary and desirable for all the inhabitants of the state is hereby declared to be a beneficial use of such water.
(2) No fee shall be required in connection with said appropriation by the governor or the permit issued in connection therewith, and no proof of completion of any works of diversion shall be required, but license shall issue at any time upon proof of beneficial use to which said waters are now devoted.
(3) Each succeeding governor in office shall be deemed to be a holder of such permit, in trust for the people of the state.
History:
[(67-4304) 1927, ch. 2, sec. 1, p. 6; I.C.A., sec. 65-4004; am. 2023, ch. 218, sec. 25, p. 652.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 43 - PRESERVATION OF CERTAIN LAKES AS HEALTH RESORTS AND RECREATION PLACES › Section 67-4305 - PRIEST, PEND OREILLE, AND COEUR D’ALENE LAKES — LANDS DEVOTED TO HEALTH AND RECREATIONAL USE.

67-4305. PRIEST, PEND OREILLE, AND COEUR D’ALENE LAKES — LANDS DEVOTED TO HEALTH AND RECREATIONAL USE. The lands belonging to the state of Idaho between the ordinary high and low water mark at said lakes as well as all other lands of the state adjacent to said lakes that are not held in trust for the beneficiaries of the endowed institutions are hereby declared to be devoted to a public use in connection with the preservation of said lakes in their present condition as a health resort and recreation place for the inhabitants of the state and said public use is hereby declared to be a more necessary use than the use of said lands as a storage reservoir for irrigation or power purposes.
History:
[(67-4305) 1927, ch. 2, sec. 2, p. 6; I.C.A., sec. 65-4005; am. 1996, ch. 268, sec. 2, p. 871; am. 2023, ch. 218, sec. 26, p. 652.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 43 - PRESERVATION OF CERTAIN LAKES AS HEALTH RESORTS AND RECREATION PLACES › Section 67-4306 - PRIEST, PEND OREILLE, AND COEUR D’ALENE LAKES — SEPARABILITY OF ACT.

67-4306. PRIEST, PEND OREILLE, AND COEUR D’ALENE LAKES — SEPARABILITY OF ACT. If any part of this act shall be adjudged to be invalid, such judgment shall not affect, impair or invalidate any part of the remainder.
History:
[(67-4306) 1927, ch. 2, sec. 3, p. 6; I.C.A., sec. 65-4006; am. 2023, ch. 218, sec. 27, p. 652.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 43 - PRESERVATION OF CERTAIN LAKES AS HEALTH RESORTS AND RECREATION PLACES › Section 67-4307 - MALAD CANYON — APPROPRIATION OF WATERS IN TRUST FOR PEOPLE — LANDS DEVOTED TO RECREATIONAL USE.

67-4307. MALAD CANYON — APPROPRIATION OF WATERS IN TRUST FOR PEOPLE — LANDS DEVOTED TO RECREATIONAL USE. The park and recreation board is hereby authorized and directed to appropriate in trust for the people of the state of Idaho the unappropriated natural spring flow arising upon the area described as follows, to-wit:
The south half (1/2) of the southwest quarter (1/4), and the south half (1/2) of the southeast quarter (1/4), of section twenty-five (25), township six (6) south, range thirteen (13) east of the Boise Meridian; and
The north half (1/2) of the northwest quarter (1/4), and the northwest quarter (1/4) of the northeast quarter (1/4), of section thirty-six (36), township six (6) south, range thirteen (13) east of the Boise Meridian.
The preservation of water in the area described for its scenic beauty and recreational purposes necessary and desirable for all citizens of the state of Idaho is hereby declared to be a beneficial use of such water.
No fee shall be required in connection with said appropriation by the park and recreation board or the permit issued in connection therewith, but license shall issue at any time upon proof of beneficial use to which said waters are now dedicated.
The park and recreation board, or its successor, shall be deemed to be the holder of such permit, in trust for the people of the state, and the public use of the unappropriated water in the specific area herein described is declared to be of greater priority than any other use except that of domestic consumption.
The unappropriated lands belonging to the state of Idaho between the high water mark on one (1) bank to the high water mark on the opposite bank, of the area described, are hereby declared to be devoted to a public use in connection with the preservation of the area in its present condition as a place of recreation for the citizens of the state of Idaho.
History:
[67-4307, added I.C., sec. 67-4307, as added by 1971, ch. 207, sec. 1, p. 912; am. 1974, ch. 8, sec. 12, p. 35.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 43 - PRESERVATION OF CERTAIN LAKES AS HEALTH RESORTS AND RECREATION PLACES › Section 67-4308 - NIAGARA SPRINGS — APPROPRIATION OF WATERS IN TRUST FOR PEOPLE.

67-4308. NIAGARA SPRINGS — APPROPRIATION OF WATERS IN TRUST FOR PEOPLE. The park and recreation board is hereby authorized and directed to appropriate in trust for the people of the state of Idaho the unappropriated natural spring flow arising upon the area described as follows, to-wit:
That portion of lot one (1), of section ten (10), and lot three (3), of section eleven (11), township nine (9) south, range fifteen (15) east of the Boise Meridian, which is locally known as the Niagara Springs and limited to that portion of Niagara Springs upstream from the present existing diversions to the headwaters of the springs.
The preservation of water in the area described for its scenic beauty and recreational purposes necessary and desirable for all citizens of the state of Idaho is hereby declared to be a beneficial use of such water.
No fee shall be required in connection with said appropriation by the park and recreation board or the permit issued in connection therewith, but license shall issue at any time upon proof of beneficial use to which said waters are now dedicated.
The park and recreation board, or its successor, shall be deemed to be the holder of such permit, in trust for the people of the state, and the public use of the waters in the specific area herein described is declared to be of greater priority than any other use except that of domestic consumption.
History:
[67-4308, added 1971, ch. 207, sec. 2, p. 912; am. 1974, ch. 8, sec. 13, p. 35; am. 2015, ch. 244, sec. 55, p. 1036.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 43 - PRESERVATION OF CERTAIN LAKES AS HEALTH RESORTS AND RECREATION PLACES › Section 67-4309 - BIG SPRINGS — APPROPRIATION OF WATERS IN TRUST FOR PEOPLE.

67-4309. BIG SPRINGS — APPROPRIATION OF WATERS IN TRUST FOR PEOPLE. The park and recreation board is hereby authorized and directed to appropriate in trust for the people of the state of Idaho the unappropriated natural spring flow arising upon the area described as follows, to-wit:
That portion of the southwest quarter (1/4) of the southwest quarter (1/4) of section twenty-one (21) and lot one (1) of section twenty-eight (28), township eight (8) south, range fourteen (14) east of the Boise Meridian, which constitutes the Big Springs, but, excluding the streams known as the Snake River.
The preservation of water in the area described, known locally as Big Springs, Heart, or Blue Heart Springs, for its scenic beauty and recreational purposes necessary and desirable for all citizens of the state of Idaho is hereby declared to be a beneficial use of such water.
No fee shall be required in connection with said appropriation by the park and recreation board or the permit issued in connection therewith, but license shall issue at any time upon proof of beneficial use to which said waters are now dedicated.
The park and recreation board, or its successor, shall be deemed to be the holder of such permit, in trust for the people of the state, and the public use of the waters in the specific area herein described is declared to be of greater priority than any other use except that of domestic consumption.
History:
[67-4309, added I.C., sec. 67-4309, as added by 1971, ch. 207, sec. 3, p. 912; am. 1974, ch. 8, sec. 14, p. 35.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 43 - PRESERVATION OF CERTAIN LAKES AS HEALTH RESORTS AND RECREATION PLACES › Section 67-4311 - THOUSAND SPRINGS — APPROPRIATION OF WATERS IN TRUST FOR PEOPLE — LANDS DEVOTED TO RECREATIONAL USE UPON CESSATION OF ELECTRICAL GENERATION.

67-4311. THOUSAND SPRINGS — APPROPRIATION OF WATERS IN TRUST FOR PEOPLE — LANDS DEVOTED TO RECREATIONAL USE UPON CESSATION OF ELECTRICAL GENERATION. Upon cessation of the use of the waters arising upon the land described herein, for electrical generation, the park and recreation board is hereby authorized and directed to appropriate in trust for the people of the state of Idaho the unappropriated natural spring flow arising upon the area described as follows, to-wit:
The west half (1/2) of the southeast quarter (1/4), of section eight (8), township eight (8) south, range fourteen (14) east of the Boise Meridian.
The preservation of water in the area described for its scenic beauty and recreational purposes necessary and desirable for all citizens of the state of Idaho is hereby declared to be a beneficial use of such water.
No fee shall be required in connection with said appropriation by the park and recreation board or the permit issued in connection therewith, but license shall issue at any time upon proof of beneficial use to which said waters are now dedicated.
The park and recreation board, or its successor, shall be deemed to be the holder of such permit, in trust for the people of the state, and the use of the unappropriated water in the specific area herein described is declared to be of greater priority than any other use except that of domestic consumption.
History:
[67-4311, added I.C., sec. 67-4311, as added by 1971, ch. 207, sec. 5, p. 912; am. 1974, ch. 8, sec. 16, p. 35.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 43 - PRESERVATION OF CERTAIN LAKES AS HEALTH RESORTS AND RECREATION PLACES › Section 67-4312 - PERMITS FOR APPROPRIATION UNDER SECTIONS 67-4307 — 67-4311.

67-4312. PERMITS FOR APPROPRIATION UNDER SECTIONS 67-4307 — 67-4311. The permits for the waters described in this act shall be issued upon the determination by the director of the department of water resources of the historical water flow and he shall issue a permit for only that amount. Any future appropriation of the waters specifically described in this act that are granted above the flow limits set by the director shall not involve any diversion that shall detract from or interfere with the geological interpretive value, historical significance, or the scenic attraction for public use under the administration of the park and recreation board of the stream from the natural high water mark on one (1) bank to the natural high water mark on the opposite bank, or of the springs specifically described as they arise upon the lands listed in this act.
The park and recreation board shall apply first for those permits for water arising upon land which, at the time of enactment, the board administers, controls, or owns.
History:
[67-4312, added 1971, ch. 207, sec. 7, p. 912; am. 1974, ch. 8, sec. 17, p. 35.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 43 - PRESERVATION OF CERTAIN LAKES AS HEALTH RESORTS AND RECREATION PLACES › Section 67-4313 - BEAR LAKE.

67-4313. BEAR LAKE. The legislative intent of this section is to recognize the following:
(1) Bear Lake was a natural lake at the time Idaho gained its statehood and remains a highly valued resource for its native fisheries, recreation, and distinctive characteristics, including its water clarity and mineral and chemical uniqueness, giving it the intense turquoise blue color for which it is known all over the world.
(2) While serving as a reservoir, Bear Lake retains its basic native form and character, preserving much of its valued scenic beauty, navigability, and lake-related recreation opportunities. It is the desire and expectation of the state of Idaho that Bear Lake and its inherent qualities and characteristics be preserved for future generations.
(3) The state of Idaho desires to prevent the lake’s degradation in quality and functions and to preserve and enhance the lake’s unique characteristics, including but not limited to native fish and wildlife, unique water quality, native lake bed, navigation, littoral rights, lake-related recreation, and irrigation storage.
(4) Bear Lake has been operated as a reservoir since the early 1900s to store water for irrigation, flood control, and incidental power generation, which has enhanced agricultural productivity and prosperity in the Bear River basin and will remain an essential irrigation water supply into the future. The state of Idaho supports enhancement of the operational utility of Bear Lake for irrigation storage purposes.
(5) To achieve the goals of this section, the state of Idaho encourages collaboration among agencies and stakeholders to help preserve and enhance such interests.
(6) Nothing in this section is intended to impair or constrain the operation of Bear Lake, to interfere with or change any water rights, or to appropriate any water.
History:
[67-4313, added 2023, ch. 176, sec. 1, p. 478.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 44 - LAVA HOT SPRINGS › Section 67-4401 - MANAGEMENT AND CONTROL.

67-4401. MANAGEMENT AND CONTROL. All right to the operation, management and control, and to the maintenance and improvement of the lands and property belonging to the state of Idaho situated within and near the city of Lava Hot Springs, in Bannock County, state of Idaho, hereinafter more particularly described is hereby vested in the Lava Hot Springs Foundation which shall be an agency within the department of parks and recreation. Said foundation shall consist of five (5) members who shall be appointed by the governor and who shall hold office for a term of six (6) years, save and except the first members who shall be appointed by the governor as follows: one (1) to be appointed for a term of six (6) years, one (1) to be appointed for a term of four (4) years and one (1) to be appointed for a term of two (2) years, and thereafter as their terms expire the governor to appoint their successors for terms of six (6) years. At least one (1) member shall be a resident of the city of Lava Hot Springs. The members shall be compensated as provided by section 59-509(g), Idaho Code. The said foundation shall not receive any property from, nor operate any school, college or institution of learning.
History:
[67-4401, added 1919, ch. 30, sec. 1, p. 16; am. 1949, ch. 137, sec. 1, p. 242; am. 1974, ch. 8, sec. 18, p. 35; am. 1978, ch. 279, sec. 1, p. 677; am. 1980, ch. 247, sec. 84, p. 649; am. 1989, ch. 172, sec. 1, p. 420.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 44 - LAVA HOT SPRINGS › Section 67-4402 - POWERS AND DUTIES OF FOUNDATION.

67-4402. POWERS AND DUTIES OF FOUNDATION. The foundation shall have powers and duties as follows:
(1) To take charge of all personal property and the lands and property of the state of Idaho situated within and near the village of Lava Hot Springs and hereinafter more fully described and to have a general supervision and control of all buildings, improvements, and property appertaining thereto.
(2) To lease any real or personal property not used or needed by the foundation for a period not exceeding ninety-nine (99) years, to any individual or company, subject to approval by the board of examiners of the state of Idaho. Any lease entered into pursuant to this section shall be exempt from limitation as to term of lease as set forth in section 58-307, Idaho Code.
(3) To enter into contracts with federal, state, and local governmental agencies for flood control projects and measures, for multiple use water resource development, and for any other project or measure incidental or conducive to the attainment of the purposes of the foundation.
(4) To exercise such powers as are incidental or conducive to the attainment of the purposes of the foundation, including the power to contract and the power to sue and be sued.
(5) To promulgate such rules as may be necessary to discharge the duties of the foundation.
(6) To employ such personnel as may be necessary for the administration of its duties in accordance with the rules of the administrator of the division of human resources promulgated pursuant to chapter 52, title 67, Idaho Code.
(7) To appoint an executive director of the foundation as provided herein and to advise him in the performance of his duties and his formulation of general policies affecting the foundation.
(8) To encourage and promote interest in the Lava Hot Springs properties and in the foundation.
(9) To hold an annual meeting during the month of January in each year and, in addition thereto, at such other times as the said members may prescribe.
(10) To have and use an official seal.
History:
[(67-4402) 1919, ch. 30, sec. 2, p. 108; C.S., sec. 1291; I.C.A., sec. 65-4102; am. 1935, ch. 5, sec. 2, p. 16; am. 1959, ch. 266, sec. 1, p. 561; am. 1965, ch. 108, sec. 1, p. 213; am. 1978, ch. 279, sec. 2, p. 677; am. 2002, ch. 55, sec. 1, p. 123.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 44 - LAVA HOT SPRINGS › Section 67-4403 - DESCRIPTION OF PROPERTY.

67-4403. DESCRIPTION OF PROPERTY. Description of property: The property hereinbefore referred to, and herewith placed under the jurisdiction and control of the said foundation, is described as follows: The northwest quarter (1/4) of the southwest quarter (1/4), and lots nine (9) and ten (10) in section twenty-two (22), and lots seven (7) and eight (8) in section twenty-one (21) in township nine (9), south, range thirty-eight (38) east of the Boise meridian, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the hot springs and hot waters arising and flowing thereon, in Bannock County, state of Idaho.
History:
[(67-4403) 1919, ch. 30, sec. 3, p. 108; C.S., sec. 1292; I.C.A., sec. 65-4103; am. 1935, ch. 5, sec. 3, p. 16.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 44 - LAVA HOT SPRINGS › Section 67-4404 - EXECUTIVE DIRECTOR — APPOINTMENT, POWERS, AND DUTIES.

67-4404. EXECUTIVE DIRECTOR — APPOINTMENT, POWERS, AND DUTIES. The foundation shall appoint an executive director who shall serve at the pleasure of the foundation, and be qualified by reason of education, training, experience, and demonstrated ability to fill such position. The executive director shall exercise the following powers and duties in addition to all other powers and duties inherent in the position or delegated or imposed by the foundation:
(1) Be a nonvoting member of the foundation and secretary thereto.
(2) Be the administrative officer of the foundation.
(3) Suggest such rules as may be necessary for the efficient operation of his office.
History:
[(67-4404) 1919, ch. 30, sec. 6, p. 108; C.S., sec. 1293; I.C.A., sec. 65-4104; am. 1935, ch. 5, sec. 4, p. 16; am. 2002, ch. 55, sec. 2, p. 124.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 44 - LAVA HOT SPRINGS › Section 67-4405 - RECEIPTS AND APPROPRIATION INURING TO USE OF FOUNDATION.

67-4405. RECEIPTS AND APPROPRIATION INURING TO USE OF FOUNDATION. The entire receipts of and from any source whatsoever that may inure to the benefit of the said foundation through its operation of the said property, bathing facilities, pleasure resort, hospital or sanitarium and the rents and royalties accruing from any mineral lease that shall be made of foundation lands shall be deposited in the Lava Hot Springs foundation fund, and all moneys now in or hereafter deposited in such fund are hereby continuously appropriated for the use and benefit of the said foundation.
History:
[(67-4405) 1919, ch. 30, sec. 5, p. 108; C.S., sec. 1294; I.C.A., sec. 65-4105; am. 1935, ch. 5, sec. 5, p. 16; am. 1953, ch. 139, sec. 1, p. 229; am. 2021, ch. 169, sec. 1, p. 473.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 44 - LAVA HOT SPRINGS › Section 67-4406 - LEASE OF PROPERTY AUTHORIZED.

67-4406. LEASE OF PROPERTY AUTHORIZED. The state board of land commissioners and the Lava foundation board are hereby authorized to negotiate for and enter into an agreement of lease by which the lands granted to the state of Idaho by the act of congress approved June 13, 1902, and commonly referred to as the Lava Hot Springs Grant, being particularly described as the northwest quarter of the southwest quarter and lots 9 and 10 in section 22, and lots 7 and 8 in section 21, in township 9 south, range 38 east Boise meridian, together with the improvements, bathing facilities, equipment, personal property, tenements, hereditaments and appurtenances, shall be devoted to public use in conformity with the terms of the grant act above referred to, and in the manner and upon the terms required in addition by chapter 3, title 58.
History:
[67-4406, added 1943, ch. 164, sec. 1, p. 342.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 44 - LAVA HOT SPRINGS › Section 67-4407 - SUSPENSION OF LAVA HOT SPRINGS FOUNDATION ACT UPON LEASING.

67-4407. SUSPENSION OF LAVA HOT SPRINGS FOUNDATION ACT UPON LEASING. Upon such lease becoming effective, and for the term of such lease, the provisions of the Lava Hot Springs Foundation Act, Chapter 5, 1935 Session Laws, amendatory of Chapter 41, Title 65, Idaho Code Annotated, [sections 67-4401 — 67-4405, Idaho Code] shall be suspended and without operative force.
History:
[67-4407, added 1943, ch. 164, sec. 2, p. 342.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 44 - LAVA HOT SPRINGS › Section 67-4408 - APPROPRIATION FOR OPERATION WHEN NOT LEASED.

67-4408. APPROPRIATION FOR OPERATION WHEN NOT LEASED. There is hereby continuously appropriated out of the Lava Hot Springs account the entire receipts of and from any sources whatsoever that may hereafter inure to the benefit of the Lava Hot Springs foundation through its operation of the property of the said foundation, bathing facilities, pleasure resort, hospital or sanitarium. The foundation may also expend any other moneys that may be appropriated, donated, bequeathed or granted for the use of the foundation, provided that the appropriation herein made shall not be effective or the funds appropriated available during any period when the provisions of the Lava Hot Springs foundation act, sections 67-4401 through 67-4405, Idaho Code, shall be suspended as herein provided.
History:
[67-4408, added 1943, ch. 164, sec. 3, p. 342; am. 1989, ch. 176, sec. 1, p. 428; am. 2021, ch. 169, sec. 2, p. 473.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 44 - LAVA HOT SPRINGS › Section 67-4409 - LAVA HOT SPRINGS CAPITAL IMPROVEMENT ACCOUNT.

67-4409. LAVA HOT SPRINGS CAPITAL IMPROVEMENT ACCOUNT. There is hereby created and established in the agency asset fund in the state treasury a continuously appropriated account to be known as the Lava Hot Springs capital improvement account to which shall be credited or deposited such moneys and interest accruing over and above the operation and maintenance cost from the Lava Hot Springs foundation account, as the members of the foundation may from time to time determine. The purposes for which moneys in the account may be used shall be to acquire, purchase, improve, repair, furnish, and equip Lava Hot Springs facilities and sites. All claims against the account shall be examined, audited and allowed in the same manner now or hereafter provided by law for claims against the state. This account shall be invested by the state treasurer in investments permitted by section 67-1210, Idaho Code, and the interest shall be returned to the account.
History:
[67-4409, added 1980, ch. 355, sec. 1, p. 919; am. 2021, ch. 169, sec. 3, p. 474.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 45 - STATE SYMBOLS › Section 67-4501 - STATE BIRD DESIGNATED.

67-4501. STATE BIRD DESIGNATED. The Mountain Bluebird (Sialia currucoides) is hereby designated and declared to be the state bird of the state of Idaho.
History:
[(67-4501) 1931, ch. 64, sec. 1, p. 113; I.C.A., sec. 65-4201; am. 2015, ch. 244, sec. 56, p. 1037.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 45 - STATE SYMBOLS › Section 67-4502 - STATE FLOWER DESIGNATED.

67-4502. STATE FLOWER DESIGNATED. The Syringa (Philadelphus lewisii) is hereby designated and declared to be the state flower of the state of Idaho.
History:
[(67-4502) 1931, ch. 75, sec. 1, p. 129; I.C.A., sec. 65-4202.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 45 - STATE SYMBOLS › Section 67-4503 - STATE SONG DESIGNATED.

67-4503. STATE SONG DESIGNATED. The song "Here We Have Idaho," sometimes known as "Our Idaho," the music for which was composed by Sallie Hume Douglas, is hereby designated and declared to be the state song of the state of Idaho; provided that credit is given to McKinley Helm for composing the words of the chorus as follows:
"And here we have Idaho
Winning her way to fame
Silver and gold in the sunlight blaze
And romance lies in her name
Singing, we’re singing of you
Ah, proudly too
All our lives thru
We’ll go singing, singing of you
Singing of Idaho".
Providing further, that credit is given to Albert J. Tompkins for composing the words of the verses as follows:
First verse–"You’ve heard of the wonders our land does possess
Its beautiful valleys and hills
The majestic forests where nature abounds
We love every nook and rill."
Second verse–"There’s truly one state in this great land of ours
Where ideals can be realized
The pioneers made it so for you and me
A legacy we’ll always prize."
History:
[(67-4503) 1931, ch. 105, sec. 1, p. 254; I.C.A., sec. 65-4203; am. 1955, ch. 64, sec. 1, p. 125.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 45 - STATE SYMBOLS › Section 67-4504 - STATE TREE DESIGNATED.

67-4504. STATE TREE DESIGNATED. The White Pine (Pinus monticola) is hereby designated and declared to be the state tree of the state of Idaho.
History:
[67-4504, added 1935, ch. 16, sec. 1, p. 35; am. 2015, ch. 244, sec. 57, p. 1037.]