Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.07 - STREAM CHANNEL ALTERATION RULES › Section 37.03.07.010 - DEFINITIONS

Current through August 31, 2023
01.
Alteration
. To obstruct,
			 diminish, destroy, alter, modify, relocate or change the natural existing shape
			 of the channel or to change the direction of flow of water of any stream
			 channel within or below the mean high water mark. It includes removal of
			 material from the stream channel and emplacement of material or structures in
			 or across the stream channel where the material or structure has the potential
			 to affect flow in the channel as determined by the director.
			 (3-18-22)
02.
Applicant
. Any individual, partnership, company, corporation,
			 municipality, county, state or federal agency, their agent, or other entity
			 proposing to alter a stream channel or actually engaged in constructing a
			 channel alteration, whether authorized or not. (3-18-22)
03.
Base Food Elevation
. The
			 Base Flood (BF) is referred to as the one hundred (100) year flood and is a
			 measure of flood magnitude based on probability. The BF has a one percent
			 chance of occurring or being exceeded in any given year, with the Base Flood
			 Elevation (BFE) being the level of flooding reached during the BF or the one
			 hundred (100) year flood event. (3-18-22)
04.
Board
. The Idaho Water
			 Resource Board. (3-18-22)
05.
Continuously Flowing Water
. A sufficient flow of water that could
			 provide for migration and movement of fish, and excludes those reaches of
			 streams which, in their natural state, normally go dry at the location of the
			 proposed alteration. IDWR will assume, subject to information to the contrary,
			 that the USGS quadrangle maps accurately depict whether a stream reach is
			 continuously flowing, at the location of the proposed alteration. Such
			 exclusion does not apply to minor flood channels that are a part of a stream
			 which is continuously flowing in the reach where the alteration is located.
			 Also, such exclusion does not apply to streams which may be dry as a result of
			 upstream diversion or storage of water. (3-18-22)
06.
Department
. The Idaho
			 Department of Water Resources. (3-18-22)
07.
Drop Structures, Sills and
			 Barbs
. Physical obstructions placed within a stream channel for the
			 purpose of stabilizing the channel by decreasing stream gradient and velocity
			 and by dissipating stream energy. (3-18-22)
08.
Director
. The Director of
			 the Idaho Department of Water Resources. (3-18-22)
09.
Human Life Support System
.
			 Any artificial or natural system that provides all or some of the items (such
			 as oxygen, food, water, control of temperature, or disposition of carbon
			 dioxide) necessary for maintaining human life or health. (3-18-22)
10.
Mean High Water Mark
. As
			 defined in Idaho Code, §
								42-3802(h), the
			 mean high water mark is water level corresponding to the "natural or ordinary
			 high water mark" and is the line which the water impresses on the soil by
			 covering it for sufficient periods of time to deprive the soil of its
			 terrestrial vegetation and destroy its value for commonly accepted agricultural
			 purposes. (3-18-22)
11.
Non-Powered Equipment
. Equipment which is powered only by human
			 strength. (3-18-22)
12.
Plans
. Maps, sketches, engineering drawings, photos, work
			 descriptions and specifications sufficient to describe the extent, nature, and
			 location of the proposed stream channel alteration and the proposed method of
			 accomplishing the alteration. (3-18-22)
13.
Powered Equipment
. Equipment
			 which is powered by means other than human strength such as a gasoline engine
			 or electric motor. (3-18-22)
14.
Repair
. Any work needed or accomplished, to protect, maintain, or
			 restore any water diversion structure and the associated stream channel
			 upstream and downstream as necessary for the efficient operation of the water
			 diversion structure. (3-18-22)
15.
Stream Channel
. A natural water course of perceptible extent with
			 definite beds and banks which confines and conducts continuously flowing water.
			 The channel referred to is that which exists at the present time, regardless of
			 where the channel may have been located at any time in the past. For the
			 purposes of these rules only, the beds of lakes and reservoir pool areas are
			 not considered to be stream channels. (3-18-22)