Title 42 — IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

42-1701. Creation of department of water resources — Director — Qualifications — Duties. (1) There is hereby created the department of water resources, which shall, for the purposes of section 20, article IV, of the constitution of the state of Idaho, be an executive department o…

42-1701A. Hearings before director — Appeals. (1) All hearings required by law to be held before the director of the department of water resources shall be conducted in accordance with the provisions of chapter 52, title 67, Idaho Code, and rules of procedure promulgated by the d…

42-1701B. Enforcement procedure — Notice — Consent order — Civil action. (1) Authority to commence actions. The director of the department of water resources is authorized and may commence and pursue enforcement actions to remedy the designated violations set out in title 42, Ida…

42-1701C. enforcement of domestic purpose and domestic use limitations. (1) If the director of the department of water resources becomes aware of water use that exceeds the authorized limits of an appurtenant water right for domestic purposes or uses as defined in section 42-111,…

42-1702. Duty to supply information. The director shall, free of charge, give any information desired by any person as to the proper method of measuring water, or of constructing an apparatus for such measurement, upon proper application being made; and shall give special instruc…

42-1703. Attorney general to advise director. The director may require, and shall receive, from the attorney general of the state, advice upon any question of public interest arising in the performance of duties under this chapter, which advice shall be in writing when so desired…

42-1704. Director to make report. The director shall make and render to the governor, annually, or oftener, if required, full and true reports of the work performed by the department, which reports shall contain any recommendations he may have to make in reference to legislation …

42-1705. Cooperation with United States geological survey. The director of the department of water resources is hereby authorized to cooperate with the United States geological survey in the investigation of the water resources and gauging the flow of the streams of the state of …

42-1706. Additional duties of director. The director of the department of water resources shall make or cause to be made careful measurements of the flow in cubic feet per second of the various streams in the state whose waters are, or are likely to be, appropriated and used, thr…

42-1709. Inspection and oversight on complaint or director’s determination. (1) If any person or persons shall report in writing to the director that any dam, artificial barrier or embankment that stores or impounds water, except for those excluded in section 42-1711(b)(1) throug…

42-1710. Intent of legislature — Construction, maintenance and operation of dams and mine tailings impoundment structures. It is the intent of the legislature by this act to provide for the regulation of construction, maintenance and operation of all dams, reservoirs and mine tai…

42-1711. Definitions. Unless the context otherwise requires, the following definitions govern the construction of this chapter. (a) "Department" means the department of water resources. (b) "Dam" means any artificial barrier or embankment, together with appurtenant works, constru…

42-1712. Construction, enlargement, alteration or repair of dams — Submission of duplicate plans, drawings and specifications. Owners who shall desire to construct, or enlarge, or alter or repair, meaning only such alterations or repairs as may affect the safety of the dam or res…

42-1713. Fees. Fees provided for in this chapter shall be required of all enumerated in the definition of owner. Fees for an enlargement to an existing dam or mine tailings impoundment structure shall be based upon the increase in storage capacity or tailings storage capacity. Fe…

42-1714. Rules. The water resource board shall adopt and revise from time to time such rules as may be necessary for carrying out the provisions of sections 42-1710 through 42-1721, Idaho Code. The rules governing mine tailings and impoundment structures shall require the owner t…

42-1715. Inspection during construction, enlargement, alteration, repair or removal of dams and mine tailings impoundment structures — Effect of noncompliance. During the construction, enlargement, repair, alteration, or removal of any dam, reservoir or mine tailings impoundment …

42-1716. Notice of completion — Filing of supplementary drawings or descriptive matter. Immediately upon completion of a new dam, reservoir or mine tailings impoundment structure or enlargement or repair of a dam, reservoir or mine tailings impoundment structure the owner shall g…

42-1717. Jurisdiction over supervision of maintenance, operation and inspection of dams and mine tailings impoundment structures. Supervision over the maintenance and operation of dams, reservoirs and mine tailings impoundment structures insofar as necessary to safeguard life and…

42-1718. Remedial means for protection of life and property. The director shall immediately employ any remedial means necessary to protect life and property if either: (a) The condition of any dam, reservoir or mine tailings impoundment structure is so dangerous to the safety of …

42-1719. Issuance of certificates of approval — Revocation — Appeal. A certificate of approval shall be issued for all dams and mine tailings impoundment structures, new or existing, upon a finding that the dam or reservoir is safe to impound water or the mine tailings impoundmen…

42-1720. Violations of chapter — Penalties. (1) Every person who violates any of the provisions of this chapter, or of any order of the director or of any rule of the water resource board where a copy of the order or rule has been served upon said person by certified mail as here…

42-1721. Initial construction, lift construction, enlargement, or alteration of tailings impoundment structures — Submission of duplicate plans, drawings and specifications. Owners who shall desire to construct, or enlarge, or alter or repair, meaning only such alterations or rep…

42-1730. Statement of purpose. The legislature finds and declares that: (1) The water resources and waterways of Idaho constitute a valuable renewable resource; (2) The welfare of the people of Idaho is dependent upon conservation, development and optimum use of our water resourc…

42-1731. Definitions. For the purpose of this chapter: (1) "Alteration" means any activity using mechanized equipment that moves or overturns gravel or earth. (2) "Board" means the Idaho water resource board. (3) "Comprehensive state water plan" means the plan adopted by the boar…

42-1732. Idaho water resource board. Pursuant to the provisions of article 15, section 7, of the constitution of the state of Idaho, there is hereby established as the constitutional water agency within the department of water resources the Idaho water resource board which shall …

42-1733. Organization. The business of the board shall be conducted as follows: (a) The first meeting of the board shall be held in the city of Boise within thirty (30) days following its appointment and thereafter the board shall hold no less than four (4) regular meetings annua…

42-1734. Powers and duties. The board shall, subject to the provisions of chapter 52, title 67, Idaho Code, have the following powers and duties: (1) To have and exercise all of the rights, powers, duties and privileges vested by article XV, section 7, of the constitution of this…

42-1734A. Comprehensive state water plan. (1) The board shall, subject to legislative approval, progressively formulate, adopt and implement a comprehensive state water plan for conservation, development, management and optimum use of all unappropriated water resources and waterw…

42-1734B. Board procedures for adopting a comprehensive state water plan. (1) Prior to the adoption of the comprehensive state water plan or any component of the comprehensive plan, the board shall conduct hearings in the manner provided in section 42-1734A, Idaho Code. (2) In th…

42-1734C. Status of comprehensive state water plan before federal agencies. The comprehensive state water plan required by this chapter shall be submitted to the federal energy regulatory commission, and the pacific northwest electric power and conservation planning council, and …

42-1734D. Designation of interim protected rivers. (1) Prior to the adoption of a comprehensive plan for a waterway, the board may designate a waterway as an interim protected river. Any state agency may petition the board to designate a waterway as an interim protected river. Th…

42-1734E. Remedies. (1) The attorney general, at the request of the board, shall commence a civil action to enjoin any person violating any provision of this chapter and to recover actual damages in that amount required to restore a protected river and its riparian area to a cond…

42-1734F. Rights not affected. (1) No provision of this chapter, or any rules or regulations promulgated pursuant to this chapter, shall in any way limit, restrict, or conflict with approved applications for the appropriation of water or with vested property rights existing on th…

42-1734G. Water rights. No provisions of this chapter, or any rules or regulations promulgated pursuant to this chapter, shall be construed to establish a water right. Any water rights necessary to fulfill the purposes of this chapter shall be obtained pursuant to the provision o…

42-1734H. Designation of particular rivers as interim protected rivers. (1) The board shall designate the following waterways as interim protected rivers pursuant to section 42-1734D, Idaho Code: (a) Priest River, from the Canadian Border to the confluence of Priest Lake; (b) Sou…

42-1734I. Designation under federal law. Designation of a waterway as a protected river pursuant to this chapter shall not be a basis for seeking inclusion of such waterway in the national wild and scenic rivers system pursuant to 16, United States Code section 1273(a)(ii) unless…

42-1735. Appointment of counsel — Hearing officers. The board may appoint legal counsel or may retain private counsel independent of the counsel appointed by the director of the department. The board may utilize hearing officers during any hearing processes which are assigned to …

42-1736B. Water resource policy actions. (1) All future filings, permits and decrees on the unappropriated waters of this state shall be determined with respect to the effect such filings, permits and decrees will have on the minimum daily flow of the affected stream or river, or…

42-1737. Board approval — Criteria — Hearings — Appeals — Defining a misdemeanor — Injunctions. (a) All project proposals involving the impoundment of water in a reservoir with an active storage capacity in excess of ten thousand (10,000) acre-feet, or the diversion of natural fl…

42-1738. Vested water rights protected — Policy of project operation after pay-out defined. The board shall have no power or authority to do, and shall be and is prohibited from doing, any thing or act which would modify, set aside or alter any existing right or rights to the use…

42-1739. Bond authorization. The Idaho water resource board is authorized, for the purpose of carrying out the lawful powers granted it by the laws of this state, to contract indebtedness and issue revenue bonds evidencing such indebtedness in conformity with this chapter.

42-1740. Purposes. All revenue bonds authorized under the terms of this act may be issued and sold from time to time and in such amounts as are deemed necessary to provide sufficient funds for carrying out all its powers and, without limiting the generality thereof, shall include…

42-1741. Form. Revenue bonds shall bear such date or dates, mature at such time or times, bear interest at a rate or rates, be payable at such place or places, be in such form either coupon or registered or both, carry such registration privileges and be subject to such terms of …

42-1742. Special funds. Bonds issued under the provisions of this act shall be payable solely out of revenues of the Idaho water resource board. Such bonds shall be authorized by resolution, which resolution shall create a special fund or funds into which the Idaho water resource…

42-1743. Covenants. The board may provide such covenants as it may deem necessary to secure and guarantee the payment of the principal of and interest on such bonds, including but not limited to covenants to create reserve accounts and to authorize the deposit of certain moneys t…

42-1744. Issuance. Such bonds shall be signed on behalf of the board by the chairman of the board and shall be attested by the secretary of the board, one of which signatures may be a facsimile signature, and shall have the seal or facsimile seal of the board impressed or imprint…

42-1745. Warrants. The board may also issue revenue warrants for the same purposes for which they may issue revenue bonds and the provisions of this act relating to the terms, conditions, covenants, issuance and sale of revenue bonds shall be applicable to such revenue warrants.

42-1746. Funding, refunding bonds. The board may by resolution, from time to time, provide for the issuance of funding or refunding revenue bonds to fund or refund any outstanding revenue or other warrants or bonds, and any premiums thereon, and coupons evidencing interest upon a…

42-1747. Tax exemption. Bonds issued pursuant to the authority contained in this act shall be exempt from taxation under the Idaho Income Tax law.

42-1748. Construction of act. This act shall be authority for the issuance of the bonds and warrants hereby authorized, and shall be liberally construed to accomplish its purposes. Any restrictions, limitations or regulations relative to the issuance of such bonds or warrants con…