Title 42 — IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION
43 chapters · 868 sections in this title.
Idaho Code § 42-3901 Ground water as public resource — Protection
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42-3901. Ground water as public resource — Protection. The legislature of the state of Idaho hereby declares the ground water of this state to be a public resource which must be protected against unreasonable contamination or deterioration of quality to preserve such waters for d…
Idaho Code § 42-3902 Definitions
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42-3902. Definitions. Whenever used in this chapter: (1) "Aquifer" means any geologic formation that will yield water to a well in sufficient quantities to make production of water from the formation feasible for beneficial use, except when the water in such formation results sol…
Idaho Code § 42-3902A Prohibition of injection of hazardous wastes and of radioactive wastes
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42-3902A. Prohibition of injection of hazardous wastes and of radioactive wastes. Construction of an injection well to be used for injection of hazardous wastes or of radioactive wastes into or above a drinking water source is prohibited. Injection of hazardous wastes or of radio…
Idaho Code § 42-3903 deep injection wells — Construction — Modification — Use — Permit required
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42-3903. deep injection wells — Construction — Modification — Use — Permit required. No new deep injection well shall be constructed after the effective date of this act unless a permit therefor has been issued by the director of the department of water resources. No deep injecti…
Idaho Code § 42-3903A Shallow injection wells — Authorization for construction and use
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42-3903A. Shallow injection wells — Authorization for construction and use. Construction and use of shallow injection wells shall be authorized by rules and regulations adopted by the water resource board. Shallow injection wells used for the disposal of nonhazardous and nonradio…
Idaho Code § 42-3904 Application for permit — Owner — Operator responsible — Notice of construction form
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42-3904. Application for permit — Owner — Operator responsible — Notice of construction form. (1) The owner or operator shall make application to the director of the department of water resources for a permit as provided in this chapter. When a facility is owned by one (1) person…
Idaho Code § 42-3905 Fees — Transmitted to state treasurer
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42-3905. Fees — Transmitted to state treasurer. (1) Fees provided for in this section shall accompany all applications and notice of construction forms. No such application or notice of construction form shall be accepted unless accompanied by a filing fee as provided in this sec…
Idaho Code § 42-3907 Department of water resources — Public notice and investigation
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42-3907. Department of water resources — Public notice and investigation. (1) Upon receipt of an application or other notice to construct, maintain, modify or abandon an injection well, the director shall give public notice as required by the rules and regulations promulgated und…
Idaho Code § 42-3908 Permit approving construction and use — Conditions — Rejection of application
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42-3908. Permit approving construction and use — Conditions — Rejection of application. (1) If the director of the department of water resources determines the use of the proposed or existing injection well will not affect the rights of others to use water for beneficial purposes…
Idaho Code § 42-3909 Disapproval of application — Owner or operator entitled to hearing — Procedure — Judicial review
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42-3909. Disapproval of application — Owner or operator entitled to hearing — Procedure — Judicial review. Any owner or operator aggrieved by the disapproval of an application or by the conditions imposed in a permit shall upon request therefor in writing within thirty (30) days …
Idaho Code § 42-3910 Cancellation of permit — Notice — Hearing — Review
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42-3910. Cancellation of permit — Notice — Hearing — Review. When the director of the department of water resources has reason to believe the operation and use of an injection well, for which a permit has been issued in accordance with this chapter, is interfering with the right …
Idaho Code § 42-3911 Failure to obtain required permit or submit required information — Penalty
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42-3911. Failure to obtain required permit or submit required information — Penalty. Any owner or operator who causes to be constructed or consents either expressly or impliedly to the construction of a new deep injection well without having first obtained a permit therefor from …
Idaho Code § 42-3912 Drillers — Must be licensed — Approved permits — Certified copies
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42-3912. Drillers — Must be licensed — Approved permits — Certified copies. It shall be unlawful for any person not a licensed driller to construct a new deep injection well or modify an existing deep injection well, except that a driller’s license is not required for the constru…
Idaho Code § 42-3913 Minimum standards — Rules and regulations — Adoption
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42-3913. Minimum standards — Rules and regulations — Adoption. The water resource board shall adopt minimum standards for the construction or abandonment of deep injection wells. Such standards shall require each deep injection well to be so constructed as to protect the ground w…
Idaho Code § 42-3914 Board to establish standards
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42-3914. Board to establish standards. The provisions of this chapter shall not prevent the present or future use of any existing or proposed injection well which is used exclusively for disposal of irrigation waste water or of surface runoff water where such disposal does not ad…
Idaho Code § 42-3915 Adoption of regulations
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42-3915. Adoption of regulations. The water resource board shall adopt all regulations authorized by the provisions of chapter 39, title 42, Idaho Code, in conformance with the provisions of chapter 52, title 67, Idaho Code, provided that the board shall not adopt any regulation …
Idaho Code § 42-3916 Enforcement procedure — Injunctive relief
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42-3916. Enforcement procedure — Injunctive relief. When the director of the department of water resources determines that any person is in substantial violation of any provision of this chapter or any rule, permit, certificate, condition of approval or order issued or promulgate…
Idaho Code § 42-3917 Civil penalties — Injection of hazardous and radioactive wastes
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42-3917. Civil penalties — Injection of hazardous and radioactive wastes. Any person who constructs, operates, maintains, converts, plugs, abandons, or conducts any other activity in a manner that results or may result in the unauthorized injection of a hazardous waste or of a ra…
Idaho Code § 42-3918 Cease and desist orders — Injection of hazardous and radioactive wastes
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42-3918. Cease and desist orders — Injection of hazardous and radioactive wastes. Whenever the director finds that any person has constructed, operated, maintained, converted, plugged, abandoned or conducted any other activity in a manner that results in the unauthorized injectio…
Idaho Code § 42-3919 Criminal penalty — Willful violation — Violation of cease and desist order
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42-3919. Criminal penalty — Willful violation — Violation of cease and desist order. Any person who willfully constructs, operates, maintains, converts, plugs, abandons, or conducts any other activity in a manner that results or may result in the injection of a hazardous waste or…