reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.04 - DRILLING FOR GEOTHERMAL RESOURCES RULES › Section 37.03.04.025 - DRILLING

Current through August 31, 2023
01.
General
. All wells shall be
			 drilled to protect or minimize damage to the environment, waters usable for all
			 beneficial purposes, geothermal resources, life, health, or property.
			 (3-30-23)
02.
Permits and
			 Notices
. (3-30-23)
a. Permit to Drill
			 for Geothermal Resources. Any person, owner, or operator who proposes to
			 construct or alter a well to produce or explore for geothermal resources or to
			 construct or alter an injection well shall first apply to the Director for
			 permit. If the owner or operator plans to deepen, redrill, plug, or perform any
			 operation that will in any manner alter the well, an application shall be filed
			 with the Director and written approval must be received prior to beginning
			 work. Application for permit shall be on a form approved by the Department.
			 (3-30-23)
b. Application for Permit
			 to Convert to Injection. If the owner plans to convert an existing geothermal
			 well into an injection well with no change of mechanical condition, an
			 application for permit shall be filed with the Director and written approval
			 must be received prior to beginning injection. Application for permit shall be
			 made on a form approved by the Department. (3-30-23)
c. Amendment of Permit. No well may be owned
			 or operated by any person whose name does not appear on the permit or permit
			 application and no changes in departure from the procedures, location, data, or
			 persons specified on the face of a permit shall be allowed until an amendment
			 to such permit is approved by the Director. Application for amendment shall be
			 made on a form approved by the Department. (3-30-23)
d. Notice to Other Agencies. Notice of
			 applications, permits, orders, or other actions received or issued by the
			 Director may be given to any other agency or entity which may have information,
			 comments, or jurisdiction over the activity involved. The Director may execute
			 a memorandum of understanding with other agencies to eliminate duplication of
			 applications or other efforts. (3-30-23)
e. No application shall be accepted by the
			 Director until the filing fee required by §
									42-4003(5), Idaho
			 Code has been deposited with the Director. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.04 - DRILLING FOR GEOTHERMAL RESOURCES RULES › Section 37.03.04.026 - ALTERNATIVE METHODS

Current through August 31, 2023
To accommodate the use of advanced or new technology, and in
				consideration of methods not specifically addressed in these rules, the
				Director may consider specific proposals for alternative methods of drilling
				and constructing geothermal resource wells. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.04 - DRILLING FOR GEOTHERMAL RESOURCES RULES › Section 37.03.04.030 - RECORDS

Current through August 31, 2023
01.
General
. The owner of any
			 well shall keep or cause to be kept a careful and accurate log, core record,
			 temperature logs, and history of the drilling of the well. These records shall
			 be kept in the nearest office of the owner or at the well site and together
			 with all other reports of the owner and operator regarding the well shall be
			 subject to inspection by the Director during business hours. All records unless
			 otherwise specified must be filed with the Director within thirty (30) days of
			 completion of the well. (3-30-23)
02.
Records to Be Filed with the
			 Director
. (3-30-23)
a. Drilling Logs
			 and Core Record. Include the lithologic characteristics and depths of
			 formations encountered, the depth and temperatures of water-bearing and
			 steam-bearing strata, the temperatures, chemical compositions and other
			 chemical and physical characteristics of fluids encountered as ascertained. The
			 core record shall show the depth, lithologic character, and fluid content of
			 the obtained cores. (3-30-23)
b.
			 Well History. The well history shall describe in detail all significant daily
			 operations carried out and equipment used during all phases of drilling,
			 testing, completion, and abandonment of any well. (3-30-23)
c. Well Summary Report. The well summary
			 report shall accompany the core record and well history reports. It is designed
			 to show data pertinent to the condition of a well at the time of completion of
			 work done. (3-30-23)
d. Production
			 Records. The owner of any well producing geothermal resources shall file with
			 the Director on or before the 20th day of each month for the preceding month a
			 statement of production utilized in such a form as the Director may designate.
			 Copies of monthly geothermal energy report forms are available from the
			 Director; however, production data can be submitted on non-department forms if
			 previously approved by the Director. (3-30-23)
e. Injection Records. The owner of any well
			 injecting geothermal fluids or wastewater for any purpose shall file with the
			 Director on or before the twentieth day of each month for the preceding month a
			 report of the injection in such form as the Director may designate. Copies of
			 monthly injection report forms are available from the Director. Injection data
			 may be submitted on non-department forms if previously approved by the
			 Director. (3-30-23)
f. Electric
			 Logs and Directional Surveys. When conducted, electric logs and directional
			 surveys shall be filed with the Director within sixty (60) days of completion,
			 cessation of drilling operations, excluding any approved suspension of
			 operations, or abandonment of any well. Like copies shall be filed upon
			 recompletion of any well. Upon a showing of hardship, the Director may extend
			 the time within which to comply for a period not to exceed six (6) additional
			 months. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.04 - DRILLING FOR GEOTHERMAL RESOURCES RULES › Section 37.03.04.035 - BLOW OUT PREVENTION

Current through August 31, 2023
01.
BOPE
. Must be capable of controlling the well under known and unknown
			 reservoir conditions. (3-30-23)
a. If
			 reservoir conditions are unknown, data loggers shall be installed to
			 continuously monitor and record the following conditions until the well has
			 been drilled to total depth. (3-30-23)
i.
			 Drilling mud temperature (in and out). (3-30-23)
ii. Drilling mud pit level.
			 (3-30-23)
iii. Drilling mud pump
			 volume. (3-30-23)
iv. Drilling mud
			 weight. (3-30-23)
v. Drilling rate.
			 (3-30-23)
vi. Hydrocarbon and
			 hydrogen sulfide gas volume (with alarm). (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.04 - DRILLING FOR GEOTHERMAL RESOURCES RULES › Section 37.03.04.040 - INJECTION WELLS

Current through August 31, 2023
01.
Construction
. The owner of a proposed injection well or series of
			 injection wells shall provide the Director with such information he deems
			 necessary for evaluation of the impact of such injection on the geothermal
			 reservoir and other natural resources. Such information shall include existing
			 reservoir conditions, method of injection, source of injection fluid, estimates
			 of daily amount of material medium to be injected, zones or formations
			 affected, and analysis of fluid to be injected and of the fluid from the
			 intended zone of the injection. Such information shall be on a form approved or
			 provided by the Director. (3-30-23)
02.
Surveillance
. (3-30-23)
a. When an owner proposes to drill or modify
			 an injection well or convert a producing or idle well to an injection well, he
			 shall be required to demonstrate to the Director by means of a test that the
			 casing has complete integrity. This test shall be conducted in a method
			 approved by the Director. (3-30-23)
b. To establish the integrity of the annular
			 cement above the shoe of the casing, the owner shall make sufficient surveys
			 within thirty (30) days after injection is started into a well to prove that
			 all the injected fluid is confined to the intended zone of injection.
			 Thereafter, such surveys shall be made at least every two (2) years or more
			 often if necessary. The Director shall be notified forty-eight (48) hours in
			 advance of such surveys in order that a representative may be present if deemed
			 necessary. If in the Director's opinion such tests are not necessary, he may
			 grant a waiver excepting the operator from such tests. (3-30-23)
c. Department personnel may inspect the well
			 site periodically after the well has been placed on injection. The Director may
			 notify the operator or owner if any remediation work is necessary. Any
			 remediation work must be performed within ninety (90) days of notification by
			 the Director. The Director may rescind approval of the injection well for
			 failure to perform necessary work. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.04 - DRILLING FOR GEOTHERMAL RESOURCES RULES › Section 37.03.04.045 - ABANDONMENT

Current through August 31, 2023
01.
Objectives
. The objectives
			 of abandonment are to block interzonal migration of fluids to: (3-30-23)
a. Prevent contamination of fresh water or
			 other natural resources; (3-30-23)
b. Prevent damage to geothermal reservoirs;
			 (3-30-23)
c. Prevent loss of
			 reservoir energy; and (3-30-23)
d.
			 Protect life, health, environment, and property. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.04 - DRILLING FOR GEOTHERMAL RESOURCES RULES › Section 37.03.04.050 - MAINTENANCE

Current through August 31, 2023
01.
General
. All well heads,
			 separators, pumps, mufflers, manifolds, valves, pipelines, and other equipment
			 used to produce geothermal resources shall be maintained in good condition in
			 order to prevent loss of or damage to life, health, property, and natural
			 resources. (3-30-23)
02.
Corrosion
. All surface well head equipment and pipelines and
			 subsurface casing and tubing will be subject to periodic corrosion surveillance
			 to safeguard health, life, property, and natural resources. (3-30-23)
03.
Tests
. The Director may
			 require such tests or remediation necessary to prevent damage to life, health,
			 property, and to protect geothermal and groundwater resources. Such tests may
			 include, but are not limited to, casing tests, cementing tests, and equipment
			 tests. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.04 - DRILLING FOR GEOTHERMAL RESOURCES RULES › Section 37.03.04.060 - HEARINGS ON DENIED, LIMITED, OR CONDITIONED PERMIT OR OTHER DECISIONS OF THE DIRECTOR

Current through August 31, 2023
Pursuant to Idaho Code §§
								42-4004(c)  and
				42-4005(d), any
				applicant who is granted a limited or conditioned permit, or who is denied a
				permit or any person aggrieved by a decision of the Director may seek a hearing
				on said action of the Director by serving on the Director written notice and
				request for a hearing before the Board within thirty (30) days of service of
				the Director's decision. Said hearing will be set, conducted, and notice given
				as set forth in the Rules promulgated by the Board under the provisions of
				Title 67, Chapter 52, Idaho Code. Any applicant may appeal the decision of the
				Board to the District Court within thirty (30) days of service of the decision.
				(3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.04 - DRILLING FOR GEOTHERMAL RESOURCES RULES › Section 37.03.04.065 - ENFORCEMENT

Current through August 31, 2023
01.
Enforcement by Director
.
			 When the Director determines that any person is in substantial violation of any
			 provisions of the Geothermal Resources Act (Chapter 40, Title 42, Idaho Code)
			 or of any rule, permit, certificate, condition of approval or order issued or
			 promulgated pursuant to the Geothermal Resources Act, the Director may commence
			 an administrative enforcement action by issuing a written notice of violation
			 in accordance with the provisions of Idaho Code §
								42-1701B. The Director may enforce
			 any provision of the Geothermal Resources Act or any order or regulation issued
			 or adopted pursuant thereto by an appropriate action in the district court. The
			 Director may bring action in the District Court to enjoin noncompliance with
			 any provision of this act. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.05 - MINE TAILINGS IMPOUNDMENT STRUCTURES RULES › Section 37.03.05.001 - SCOPE

Current through August 31, 2023
01.
Scope
. (3-30-23)
a. These rules and standards will only apply
			 to structures upon which construction, lift construction, enlargement, or
			 alteration is underway on or after July l, 1978. Under no circumstances shall
			 these rules be construed to deprive or limit the Director of the Department of
			 Water Resources of any exercise of powers, duties and jurisdiction conferred by
			 law, nor to limit or restrict the amount or character of data, or information
			 which may be required by the Director from any owner of a mine tailings
			 impoundment structure for the proper administration of the law.
			 (3-30-23)
b. The design
			 requirements listed are intended as a guide to establish acceptable standards
			 of construction. They are not intended to restrict the application of other
			 sound design principles by engineers. The Director will evaluate any deviation
			 from the standards hereinafter stated as they pertain to the safety of any
			 given mine tailings impoundment structure. Engineers are encouraged to submit
			 new ideas which will advance the art and provide for the public safety.
			 (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.05 - MINE TAILINGS IMPOUNDMENT STRUCTURES RULES › Section 37.03.05.010 - DEFINITIONS

Current through August 31, 2023
Unless the context otherwise requires, the following
				definitions govern these rules. (3-30-23)
01.
Board
. The Idaho Water
			 Resource Board. (3-30-23)
02.
Director
. The Director of the Idaho Department of Water Resources.
			 (3-30-23)
03.
Department
. The Idaho Department of Water Resources. (3-30-23)
04.
Mine Tailings Impoundment
			 Structure
. Any artificial embankment which is or will be more than
			 thirty (30) feet in height measured from the lowest elevation of the toe to the
			 maximum crest elevation constructed for the purpose of storing mine tailings
			 slurry. (3-30-23)
05.
Mine
			 Tailings Slurry
. All slurry wastes from a mineral processing or mining
			 operation. (3-30-23)
06.
Mine Tailings Storage Capacity
. The total storage volume of the
			 impoundment when filled with tailings to the maximum approved design storage
			 elevation. (3-30-23)
07.
Borrowed Fill Embankment
. Any embankment constructed of borrowed earth
			 materials and which is designed for construction by conventional earth moving
			 equipment. (3-30-23)
08.
Reservoir
. Any basin which contains or will contain the material
			 impounded by the mine tailings impoundment structure. (3-30-23)
09.
Owner
. Includes any of the
			 following who own, control, operate, maintain, manage, or propose to construct
			 a mine tailings impoundment structure or reservoir. (3-30-23)
a. The state of Idaho and any of its
			 departments, agencies, institutions and political subdivisions;
			 (3-30-23)
b. The United States of
			 America and any of its departments, bureaus, agencies and institutions;
			 provided that the United States of America shall not be required to pay any of
			 the fees required by Section
			 42-1713, Idaho Code, and shall
			 submit plans, drawings and specifications as required by Section
			 42-1721, Idaho Code, for
			 information purposes only; (3-30-23)
c. Every municipal or quasi-municipal
			 corporation; (3-30-23)
d. Every
			 public utility; (3-30-23)
e. Every
			 person, firm, association, organization, partnership, business, trust,
			 corporation or company; (3-30-23)
f. The duly authorized agents, lessees, or
			 trustees of any of the foregoing; (3-30-23)
g. Receivers or trustees appointed by any
			 court for any of the foregoing. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.05 - MINE TAILINGS IMPOUNDMENT STRUCTURES RULES › Section 37.03.05.025 - AUTHORITY OF REPRESENTATIVE

Current through August 31, 2023
When plans, drawings and specifications are filed by another
				person on behalf of an owner, written evidence of authority to represent the
				owner shall be filed with the plans, drawings and specifications.
				(3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.05 - MINE TAILINGS IMPOUNDMENT STRUCTURES RULES › Section 37.03.05.030 - FORMS

Current through August 31, 2023
Forms required by these rules. (3-30-23)
01.
Samples of Forms
. Samples of
			 all forms required by these rules are available from the Department to
			 interested parties upon request. (3-30-23)
02.
Form 1721
. Construction of a
			 mine tailings impoundment structure requires the filing of Form 1721.
			 (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.05 - MINE TAILINGS IMPOUNDMENT STRUCTURES RULES › Section 37.03.05.050 - DAMS STORING TAILING AND WATER

Current through August 31, 2023
Construction of dams intended to store water in excess of the
				water being decanted in the tailing placement operation shall also meet the
				requirements for water storage reservoirs specified in the Department's Rules
				for the Safety of Dams. The Director may waive any or all of these requirements
				if, in the opinion of the Director, sound engineering design supplied by the
				owner indicates such requirements are not applicable. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.05 - MINE TAILINGS IMPOUNDMENT STRUCTURES RULES › Section 37.03.05.055 - PROVISIONS OF CHAPTER 17, TITLE 42, IDAHO CODE

Current through August 31, 2023
The provisions of Sections
				42-1709 through
				42-1721, Idaho Code, are a part of
				these rules. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.06 - SAFETY OF DAMS RULES › Section 37.03.06.001 - SCOPE

Current through August 31, 2023
These rules establish acceptable standards for design and
				construction, and guidelines for evaluating the safety of new or existing dams.
				The rules apply to all new construction including existing structures
				considered for enlargement, alteration, modification, or repair as specifically
				provided in the rules. The Director will evaluate any deviation from the
				standards hereinafter stated as they pertain to the safety of any given dam.
				The standards listed herein are not intended to restrict the application of
				other sound engineering design principles that will provide for the public
				safety. Under no circumstances shall these rules be construed to deprive or
				limit the Director of any exercise of powers, duties and jurisdiction conferred
				by law, nor to limit or restrict the amount or character of data, or
				information which may be required by the Director from any owner of a dam or
				for the proper administration of the law. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.06 - SAFETY OF DAMS RULES › Section 37.03.06.002 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Any person aggrieved by an action of the Director and who has
				not previously been afforded an opportunity for a hearing on the matter is
				entitled to a hearing before the Director to contest the action pursuant to the
				provisions of Section
				42-1701A(3),
				Idaho Code, and the Department's adopted Rules of Procedure. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.06 - SAFETY OF DAMS RULES › Section 37.03.06.010 - DEFINITIONS

Current through August 31, 2023
Unless the context otherwise requires, the following
				definitions govern these rules. (3-30-23)
01.
Alterations or Repairs
. Any
			 activity that may affect the safety or integrity of a dam. Alterations and
			 repairs do not include routine maintenance items. (3-30-23)
02.
Appurtenant Structures
.
			 Ancillary features (e.g., outlets, tunnels, gates, valves, spillways, auxiliary
			 barriers, etc.) used for operation of a dam, which are owned or for which the
			 owner has responsible control. (3-30-23)
03.
Artificial Barrier or
			 Embankment
. Any structure constructed to impede, obstruct, or store
			 water. (3-30-23)
04.
Borrowed Fill Embankment
. Any embankment constructed of borrowed earth
			 materials, and which is designed for construction by conventional earth moving
			 equipment. (3-30-23)
05.
Certificate of Approval
. A certificate issued by the Director for all
			 existing dams listing restrictions imposed by the Director, and without which
			 none shall be allowed to impound water. (3-30-23)
06.
Conduit
. A pipe or other
			 constructed conveyance within a dam designed to release water or liquid in the
			 reservoir. (3-30-23)
07.
Core
. A zone of relatively low permeability material within an
			 embankment. (3-30-23)
08.
Cutoff Trench
. An excavation later to be filled with impermeable
			 material during construction of a dam to limit seepage beneath the structure
			 and through the foundation. (3-30-23)
09.
Dam
. Any artificial barrier
			 together with appurtenant works, which is or will be ten (10) feet or more in
			 height and has or will have an impounding capacity at maximum storage elevation
			 of fifty (50) acre-feet or more. Height of a dam is defined as the vertical
			 distance from the natural bed of the stream or watercourse at the downstream
			 toe of the barrier, as determined by the Director, or from the lowest elevation
			 of the outside limit of the barrier, if it is not across a stream channel or
			 watercourse, to the maximum water storage elevation. Under Section
			 42-1711, Idaho Code, the following
			 are not included as regulated dams or are not considered dams for the purposes
			 of Sections
			 42-1710 through
			 42-1721, Idaho Code: (3-30-23)
a. Barriers in a canal used to raise or lower
			 water therein or divert water therefrom. (3-30-23)
b. Fills or structures determined by the
			 Director to be designed primarily for highway or railroad traffic.
			 (3-30-23)
c. Fills, retaining dikes
			 or structures less than twenty (20) feet in height, which are under
			 jurisdiction of the Department of Environmental Quality or the Department of
			 Agriculture, determined by the Director to be designed primarily for retention
			 or treatment of municipal, livestock, or domestic wastes, or sediment and
			 wastes from produce washing or food processing plants. (3-30-23)
d. Levees, that store water regardless of
			 storage capacity. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.06 - SAFETY OF DAMS RULES › Section 37.03.06.015 - AUTHORITY OF REPRESENTATIVE

Current through August 31, 2023
When plans, drawings, and specifications are filed by another
				person on behalf of an owner, written evidence of authority to represent the
				owner shall be filed with the plans, drawings, and specifications.
				(3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.06 - SAFETY OF DAMS RULES › Section 37.03.06.020 - DAM SIZE CLASSIFICATION

Current through August 31, 2023
01.
Size
			 Classification
. The following table defines the height and storage
			 capacity limits used by the Department to classify dams regulated for the
			 benefit of public safety:
Dam Size
							 Classification
Height
Storage
							 Capacity
Small Dams and Reservoirs
Ten (10) feet or more but less than twenty (20)
							 feet
and
Fifty (50) acre-feet or more but less than one
							 hundred (100) acre-feet.
Intermediate Dams and Reservoirs
Twenty (20) feet or more but less than forty (40)
							 feet
or
One hundred (100) acre-feet or more but less than
							 four thousand (4,000) acre-feet.
Large Dams or Reservoirs
Forty (40) feet or more
or
Four thousand (4,000) acre-feet or more.
(3-30-23)
02.
Determination of Size
. The
			 Director shall determine the size classification of a new or existing dam.
			 (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.06 - SAFETY OF DAMS RULES › Section 37.03.06.025 - HAZARD CLASSIFICATION

Current through August 31, 2023
01.
Hazard
			 Classification
. The following table describes categories of hazard used
			 by the Department to classify dams relative to the potential failure
			 consequences estimated for downstream locations. The listed hazard
			 classifications are meant to serve as guidelines for implementing design,
			 construction, and operation criteria, subject to final interpretation by the
			 Director:
Hazard
							 Classification
Downstream
							 Development
Estimated Loss of
							 Life
Economic
							 Losses
Low
Undeveloped property, no permanent or permanently
							 occupied structures for human habitation.
No loss of life
Low economic losses generally limited to the owner;
							 low damage to or disruption of transportation, utilities, or other public
							 facilities or values including environmental loss.
Significant
No concentrated urban development, 1 or more
							 permanent structures for human habitation within the flood zone that are
							 potentially inundated with flood water at a depth of less than two (2)
							 feet.
Loss of life is unlikely to occur
Moderate damage to agricultural, commercial, or
							 industrial facilities; moderate damage to or the disruption of transportation,
							 utilities, or other public facilities or values including environmental
							 loss.
High
Urban development, or any structure for permanent or
							 temporary human habitation which are potentially inundated with flood water at
							 a depth of two (2) feet or greater.
High probability for loss of life
Severe damage to agricultural, commercial, or
							 industrial facilities; damage to or the prolonged disruption of transportation,
							 utilities, or other public facilities or values including environmental
							 loss.
(3-30-23)
02.
Determination of Hazard
			 Classification
. The Director shall determine the hazard classification
			 of a new or existing dam governed by these rules. Hazard classifications shall
			 be assigned to new and existing dams based on the severity of failure
			 consequences exclusive of the size or the physical condition of the dam. The
			 designated hazard classification, as established by the Director, shall
			 determine the applicable design and operational standards applied to the dam.
			 (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.06 - SAFETY OF DAMS RULES › Section 37.03.06.045 - EMERGENCY ACTION AND OPERATION PLANS

Current through August 31, 2023
An Emergency Action Plan (EAP) is required for all Significant
				and High Hazard dams. The EAP shall establish emergency procedures for
				notification and response during unexpected or non-routine events that occur
				naturally, or in response to mechanical issues, or due to intentional vandalism
				or terrorism. The EAP may be a component of an Operation Plan that includes
				comprehensive guidelines and procedures for inspection, operation, maintenance,
				and monitoring of instruments required to record performance of the structure
				during normal operating cycles, critical filling, or flood periods, or as may
				be necessary for evaluating the effects of an earthquake. Before the initial
				filling of a reservoir, the owner shall file with the Director an EAP for
				review and approval. (3-30-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Section 37.03.07.000 - LEGAL AUTHORITY

Current through August 31, 2023
The purpose of these rules and minimum standards is to specify
				procedures for processing and considering applications for stream channel
				alterations under the provisions of Title 42, Chapter 38, Idaho Code.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Section 37.03.07.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 37.03.07, "Stream Channel Alteration
			 Rules." (3-18-22)
02.
Scope
. The minimum standards are intended to enable the Director to
			 process, in a short period of time, those applications which are of a common
			 type and which do not propose alterations which will be a hazard to the stream
			 channel and its environment. It is intended that these rules and minimum
			 standards be administered in a reasonable manner, giving due consideration, to
			 all factors affecting the stream and adjacent property. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Section 37.03.07.025 - EXEMPTIONS

Current through August 31, 2023
01.
Work on Existing or Proposed
			 Reservoir Projects
. Permits are not required under the provisions of
			 Title 42, Chapter 38 for construction work on any existing or proposed
			 reservoir project, including the dam, and such areas downstream as the Director
			 may determine is reasonably necessary for construction and maintenance of the
			 dam. (3-18-22)
02.
Snake and
			 Clearwater Rivers
. Permits are not required for work within that portion
			 of the Snake and Clearwater rivers from the state boundary upstream to the
			 upper boundary of the Port of Lewiston Port District as it now exists or may
			 exist in the future. (3-18-22)
03.
Cleaning, Maintenance, Construction or Repair Work
. No permit is
			 required of a water user or his agent to clean, maintain, construct, or repair
			 any diversion structure, canal, ditch, or lateral or to remove any obstruction
			 from a stream channel which is interfering with the delivery of any water under
			 a valid existing water right or water right permit. (3-18-22)
04.
Removal of Debris
. No permit
			 is required for removal of debris from a stream channel provided that no
			 equipment will be working in the channel and all material removed will be
			 disposed of at some point outside the channel where it cannot again reenter the
			 channel. (3-18-22)
05.
Mining Operations Using Non-Powered Equipment.
No permit is required for
			 mining activities using non-powered equipment to move one-quarter (1/4) cubic
			 yard per hour or less below the mean high water mark, except as otherwise
			 described in Rule 61.05.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Section 37.03.07.030 - APPLICATIONS

Current through August 31, 2023
01.
Alteration of Stream Channels
			 Permit Required
. No person shall engage in any activity which will alter
			 a stream channel without first applying for a permit as provided by §
								42-3803, Idaho Code.
			 (3-18-22)
02.
Joint
			 Application Permit Form
. The Department of Water Resources, Department
			 of Lands, and the U.S. Army Corps of Engineers have developed a joint
			 application for permit form which will suffice for the required permit
			 application under the Stream Protection Act. An application should be filed at
			 least sixty (60) days before the applicant proposes to start the construction
			 and shall be upon the joint application form furnished by the Department. The
			 application shall be accompanied by plans which clearly describe the nature and
			 purpose of the proposed work. (3-18-22)
03.
Applicant Following Minimum
			 Standards
. In those cases where the applicant intends to follow the
			 minimum standards (Rule
			 055), detailed plans may be
			 eliminated by referring to the specific minimum standard; however, drawings
			 necessary to adequately define the extent, purpose, and location of the work
			 may be required. Plans shall include some reference to water surface elevations
			 and stream boundaries to facilitate review. The application should show the
			 mean high water mark on the plans; however, any water surface or water line
			 reference available will be helpful as long as this reference is described.
			 (Examples: present water surface, low water, high water.) (3-18-22)
04.
Submission of Copies
. The
			 applicant shall submit one (1) copy of all necessary plans along with the
			 application form. When drawings submitted are larger than eight and one half by
			 eleven (8 1/2 x 11), the applicant shall provide the number of copies specified
			 by the department. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Section 37.03.07.035 - APPLICATION REVIEW

Current through August 31, 2023
01.
Prior to
			 Issuance of Permit
. The following items shall be among those considered
			 by the Director prior to issuing a permit: (3-18-22)
a. What is the purpose of doing the work?
			 (3-18-22)
b. What is the necessity
			 and justification for the proposed alteration? (3-18-22)
c. Is the proposal a reasonable means of
			 accomplishing the purpose? (3-18-22)
d. Will the alteration be a permanent
			 solution? (3-18-22)
e. Will the
			 alteration pass anticipated water flows without creating harmful flooding or
			 erosion problems upstream or downstream? (3-18-22)
f. What effect will the alteration have on
			 fish habitat? (3-18-22)
g. Will the
			 materials used or the removal of ground cover create turbidity or other water
			 quality problems? (3-18-22)
h. Will
			 the alteration interfere with recreational use of the stream?
			 (3-18-22)
i. Will the alteration
			 detract from the aesthetic beauty of the area? (3-18-22)
j. What modification or alternative solutions
			 are reasonably possible which would reduce the disturbance to the stream
			 channel and its environment and/or better accomplish the desired goal of the
			 proposed alteration? (3-18-22)
k.
			 Is the alteration to be accomplished in accordance with the adopted minimum
			 standards? (3-18-22)
l. Are there
			 public safety factors to consider? (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Section 37.03.07.040 - APPROVAL

Current through August 31, 2023
01.
Conformance to Application
.
			 All work shall be done in accordance with the approved application, subject to
			 any conditions specified by the department. (3-18-22)
02.
Permits Allowed Without
			 Review
. A permit may be approved by the Director of the Department of
			 Water Resources without review by other agencies in situations where the work
			 is of a nature not uncommon to the particular area and where it is clear that
			 the work will not seriously degrade the stream values except on navigable
			 rivers which require review by the Department of Lands. All work approved in
			 this manner shall be accomplished in accordance with the minimum standards.
			 (3-18-22)
03.
Reinstatement
			 of Expired Permit
. A permit which has expired may be reinstated by the
			 Director after review by other agencies as determined by the Director.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Section 37.03.07.045 - ENFORCEMENT OF ACT

Current through August 31, 2023
01.
Written
			 Orders Issued by Designated Employees of Department
. Employees of the
			 Department designated by the Director may issue written orders directing an
			 applicant to cease and desist, to ensure proper notice to applicants who are
			 found to be altering a stream without a permit or not in compliance with the
			 conditions of a permit. Such orders shall be in effect immediately upon
			 issuance and will continue in force until a permit is issued or until the order
			 is rescinded by the Director. (3-18-22)
02.
Failure to Comply with Stream
			 Protection Act
. Failure to comply with any of the provisions of the
			 Stream Protection Act (Chapter 38, Title 42, Idaho Code), may result in
			 issuance of an Idaho uniform citation and/ or the cancellation of any permit by
			 the Director without further notice and the pursuit in a court of competent
			 jurisdiction, such civil or criminal remedies as may be appropriate and
			 provided by law. The Director may allow reasonable time for an applicant to
			 complete stabilization and restoration work. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Section 37.03.07.050 - EMERGENCY WAIVER

Current through August 31, 2023
01.
Waiver of
			 Provisions of Stream Protection Act
. Section
			 42-3808, Idaho Code, provides for
			 waiver of the provisions of the Stream Protection Act in emergency situations
			 where immediate action must be taken to protect life or property including
			 growing crops. The Director will not consider failure to submit an application
			 for a stream channel alteration far enough ahead of the desired starting time
			 of the construction work as an emergency situation. (3-18-22)
02.
Verbal Waivers
. A verbal
			 waiver may be granted initially; however, all verbal requests for waivers shall
			 be followed up by the applicant in writing within fifteen (15) days of any
			 initial authorization to do work. If the applicant is unable to contact the
			 Director to obtain an emergency waiver, he may proceed with emergency work;
			 however, he must contact the Director as soon as possible thereafter. Proving
			 that a bonafide emergency did actually exist will be the responsibility of the
			 applicant. (3-18-22)
03.
Emergency Waiver
. Work authorized by an emergency waiver shall be
			 limited to only that which is necessary to safeguard life or property,
			 including growing crops, during the period of emergency. (3-18-22)
04.
Conformance to Conditions of
			 Waiver
. The applicant shall adhere to all conditions set by the Director
			 as part of a waiver. (3-18-22)
05.
Waivers Granted by Designated Employees
. The Director may delegate
			 the authority to grant waivers to designated employees of the Department. Names
			 and telephone numbers of such employees will be made available to any
			 interested applicant upon request. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Section 37.03.07.055 - MINIMUM STANDARDS

Current through August 31, 2023
These standards are intended to cover the ordinary type of
				stream channel alteration and to prescribe minimum conditions for approval of
				such construction. Unless otherwise provided in a permit, these standards shall
				govern all stream channel alterations in this state. An applicant should not
				assume that because an application utilizes methods set forth in these
				standards it will automatically be approved. These minimum standards include
				the following items: (3-18-22)
01.
Construction Procedures
. (3-18-22)
02.
Dumped Rock Riprap
.
			 (3-18-22)
03.
Drop
			 Structures, Sills and Barbs
. (3-18-22)
04.
Culverts and Bridges
.
			 (3-18-22)
05.
Removal of Sand
			 and Gravel Deposits
. (3-18-22)
06.
Small Scale Mining with Suction
			 Dredges, Powered Sluices, or Non-Powered Equipment
. (3-18-22)
07.
Piling
. (3-18-22)
08.
Pipe Crossings
.
			 (3-18-22)
09.
Concrete Plank
			 Boat Launch Ramps
. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Section 37.03.07.056 - CONSTRUCTION PROCEDURES

Current through August 31, 2023
01.
Conformance to Procedures
. Construction shall be done in accordance with
			 the following procedures unless specific approval of other procedures has been
			 given by the Director. When an applicant desires to proceed in a manner
			 different from the following, such procedures should be described on the
			 application. (3-18-22)
02.
Operation of Construction Equipment
. No construction equipment shall be
			 operated below the existing water surface without specific approval from the
			 Director except as follows: Fording the stream at one (1) location only will be
			 permitted unless otherwise specified; however, vehicles and equipment will not
			 be permitted to push or pull material along the streambed below the existing
			 water level. Work below the water which is essential for preparation of culvert
			 bedding or approved footing installations shall be permitted to the extent that
			 it does not create unnecessary turbidity or stream channel disturbance.
			 Frequent fording will not be permitted in areas where extensive turbidity will
			 be created. (3-18-22)
03.
Temporary Structures
. Any temporary crossings, bridge supports,
			 cofferdams, or other structures that will be needed during the period of
			 construction shall be designed to handle high flows that could be anticipated
			 during the construction period. All structures shall be completely removed from
			 the stream channel at the conclusion of construction and the area shall be
			 restored to a natural appearance. (3-18-22)
04.
Minimizing Disturbance of
			 Area
. Care shall be taken to cause only the minimum necessary
			 disturbance to the natural appearance of the area. Streambank vegetation shall
			 be protected except where its removal is absolutely necessary for completion of
			 the work adjacent to the stream channel. (3-18-22)
05.
Disposal of Removed
			 Materials
. Any vegetation, debris, or other material removed during
			 construction shall be disposed of at some location out of the stream channel
			 where it cannot reenter the channel during high stream flows.
			 (3-18-22)
06.
New Cut of Fill
			 Slopes
. All new cut or fill slopes that will not be protected with some
			 form of riprap shall be seeded with grass and planted with native vegetation to
			 prevent erosion. (3-18-22)
07.
Fill Material
. All fill material shall be placed and compacted in
			 horizontal lifts. Areas to be filled shall be cleared of all vegetation, debris
			 and other materials that would be objectionable in the fill.
			 (3-18-22)
08.
Limitations on
			 Construction Period
. The Director may limit the period of construction
			 as needed to minimize conflicts with fish migration and spawning, recreation
			 use, and other uses. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Section 37.03.07.058 - DROP STRUCTURES, SILLS AND BARBS

Current through August 31, 2023
01.
Drop
			 Structures
. A drop structure shall be constructed of rocks, boulders
			 and/or logs placed within a stream channel to act as a low level dam. Placement
			 of a drop structure perpendicular to stream flow will decrease the stream
			 gradient, dissipate stream energy and decrease stream velocity through an
			 increase in water surface elevation immediately above the structure. Drop
			 structures shall comply with the following criteria: (3-18-22)
a. Maximum water surface differential across
			 (upstream water surface elevation minus downstream water surface elevation) a
			 drop structure shall not exceed two (2) feet. The department shall approve the
			 final elevation of any structure. (3-18-22)
b. Rock drop structures shall be constructed
			 of clean, sound, dense, durable, angular rock fragments, and/or boulders of
			 size and gradation, such that the stream is incapable of moving the material
			 during peak flows. Rocks shall be keyed into the stream banks to minimize the
			 likelihood of bank erosion, (See APPENDIX D located at the end of this
			 chapter). (3-18-22)
c. Log drop
			 structures are acceptable in four (4) designs including the single log dam, the
			 stacked log dam, the three (3) log dam, and the pyramid log dam. Log ends shall
			 be keyed into both banks at least one-third (1/3) of the channel width or a
			 distance sufficient to prevent end erosion. To prevent undercutting, the bottom
			 log shall be embedded in the stream bed or hardware cloth, cobbles or boulders
			 shall be placed along the upper edge. Minimum log size for a single log
			 structure shall be determined by on-site conditions and shall be placed to
			 maintain flow over the entire log to prevent decay. Each log drop structure
			 must be accompanied by downstream scour protection, such as a rock apron (See
			 APPENDIX E located at the end of this chapter. (3-18-22)
d. All drop structures shall be constructed
			 to facilitate fish passage and centralized scour pool development.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Section 37.03.07.059 - CULVERTS AND BRIDGES

Current through August 31, 2023
01.
Culverts
			 and Bridges
. Culverts and bridges shall be capable of carrying
			 streamflows and shall not significantly alter conditions upstream or downstream
			 by causing flooding, turbidity, or other problems. The appearance of such
			 installations shall not detract from the natural surroundings of the area.
			 (3-18-22)
02.
Location of
			 Culverts and Bridges
. Culverts and bridges should be located so that a
			 direct line of approach exists at both the entrance and exit. Abrupt bends at
			 the entrance or exit shall not exist unless suitable erosion protection is
			 provided. (3-18-22)
03.
Ideal Gradient
. The ideal gradient (bottom slope) is one which is steep
			 enough to prevent silting but flat enough to prevent scouring due to high
			 velocity flows. It is often advisable to make the gradient of a culvert
			 coincide with the average streambed gradient. (3-18-22)
a. Where a culvert is installed on a slope
			 steeper than twenty percent (20%), provisions to anchor the culvert in position
			 will be required. Such provisions shall be included in the application and may
			 involve the use of collars, headwall structures, etc. Smooth concrete pipe
			 having no protruding bell joints or other irregularities shall have such
			 anchoring provisions if the gradient exceeds ten percent (10%).
			 (3-18-22)