Title 47 — MINES AND MINING

47-703. Exploration locations on state lands. (1) Location for exploration purposes may be made upon lands belonging to the state of Idaho in which the mineral rights are reserved or belong to the state, including the beds of all navigable rivers in the state of Idaho and all por…

47-703A. Exploration on state lands — Bond. (1) With the exception of casual exploration as defined in subsection (6)(a) of this section, prior to motorized exploration on state lands, an operator shall first submit to the director of the department of lands, an exploration and r…

47-704. Leases of mineral rights in state lands. (1) The state board of land commissioners may lease in tracts of sizes as the board may deem fair for prospecting, exploration, and mining of mineral deposits, except for leases for oil, gas and other hydrocarbons that may be conta…

47-705. Appraisal of improvements — Term construed. Should any one apply to lease for prospecting and mining purposes the mineral deposits belonging to the state upon which improvements have been made, before the lease shall issue, to other than the owner of the improvements ther…

47-706. Forfeiture of improvements. If any mineral lease has been cancelled for a period of one (1) year and a new lease has not issued the improvements upon the property shall revert to and become the property of the state.

47-707. Forfeiture of leases. All leases of mineral deposits shall be conditional upon payment of the rental in advance annually, and upon the payment of the royalty provided for in the lease and upon the violation of any of the conditions of the lease, the board may at its optio…

47-708. Rights and liabilities of lessees. A lessee of valuable mineral deposits shall have the right at all times to enter upon the lands described in his lease for prospecting and mining, provided he shall not injure, damage, or destroy the improvements of the surface owner; an…

47-709. Mines operated under lease — Inspection by board. The state board of land commissioners shall cause inspection to be made by a competent person or persons of all mines or works operated under leases for the production of minerals as often as the board shall deem necessary…

47-710. Forms, rentals, royalties, and fees. The board shall by rules and regulations prescribe the form of application, the form of lease, the amount of filing and recording fees, the annual rental, the amount of royalty, the basis upon which the royalty shall be computed, and s…

47-711. Sale of state lands containing mineral deposits. (1) Lands in which minerals are contained and the surface of which has a value for other purposes may be sold as a single estate under the provisions of chapter 3, title 58, Idaho Code, relating to the sale of state lands, …

47-712. Applications to purchase — Certificates of purchase. All applications to purchase those state lands that have not been identified as having the potential highest and best use for development purposes, such as residential, commercial or industrial purposes approved subsequ…

47-713. Effect of partial invalidity of chapter. If any clause, sentence, paragraph, or part of this chapter shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but s…

47-714. Leases of navigable river beds authorized. The board of land commissioners of the state of Idaho is hereby specifically authorized to lease for mining purposes the beds of navigable rivers of the state of Idaho between the high water marks thereof, said leases to be given…

47-715. Collection of royalties by board of land commissioners. The board of land commissioners of the state of Idaho is hereby authorized to collect royalties and other payments to the state of Idaho under mineral leases provided for by this chapter.

47-716. Applicable only to deposits in natural state. The provisions of this chapter authorizing the leasing of the beds of the navigable rivers in the state of Idaho shall apply only to deposits in their natural state and shall not apply to dumps and tailings.

47-717. Removal of commercial quantities without lease unlawful. It shall be unlawful for any person, association, firm or corporation to remove in commercial quantities any ores, minerals, or deposits from state lands before securing a lease for said lands from the state board o…

47-718. Violations — Remedies — Penalties. (1) In addition to any other penalties and remedies of this chapter and at law, any person, firm, or corporation who violates any provisions of this chapter or rules adopted pursuant thereto, or who fails to perform the duties imposed th…

47-801. Lease of state or school lands for oil and gas development — Surface rights. The state board of land commissioners is hereby authorized and empowered to lease for a term of up to ten (10) years, and as long thereafter as oil, gas, casinghead gas, casinghead gasoline or ot…

47-802. Rules and regulations governing leases and mining operations. State board of land commissioners is hereby authorized and empowered to make and establish rules and regulations governing the issuance of oil and gas leases under the provisions of this act and covering the co…

47-804. Limitation on area covered by lease — Right to hold more than one lease. No single oil and gas lease given and granted under the provisions of this act shall be for an area exceeding one (1) section, provided that one (1) person, firm or corporation may hold more than one…

47-805. Annual rental — Amount — Minimum royalty. Oil and gas leases shall be issued at an annual rental of not less than twenty-five cents (25¢) per acre, payable in advance, and royalty on oil and gas lands shall not be less than twelve and one-half per cent (12 1/2%) of oil an…

47-806. Lease of lands for grazing or agricultural purposes — Rights of lessee under oil or gas lease. The state board of land commissioners shall have the right to lease state or school lands for grazing or agriculture purposes, as otherwise provided, and to issue oil and gas le…

47-807. Assignment or transfer of leases restricted. No oil and gas lease made under the provisions of this act shall be assignable or transferable except upon the written consent of the board.

47-808. Bond. (1) The board shall require the execution of a good and sufficient bond in an amount the board determines reasonable which shall not be less than one thousand dollars ($1,000) in favor of the state of Idaho conditioned on the payment of all damages to the surface an…

47-809. Cancellation of oil and gas leases for noncompliance with conditions — Procedure — Termination of lease by lessee. (a) The state board of land commissioners shall reserve and may exercise the authority to cancel any oil and gas lease upon failure by the lessee to exercise…

47-810. Grants executed in accordance with constitution. All grants and permissions under this act shall be executed as required by the Constitution of the State of Idaho, Article IV, Section 16.

47-811. Cooperative development of oil and gas lands. The state board of land commissioners is authorized to join on behalf of the state of Idaho in cooperative or unit plans of development or operation on oil and gas pools with the United States government and its lessees or per…

47-812. Application of section 47-707 limited. Section 47-707 shall not be construed to apply to oil and gas leases issued under the authority of section 47-801.

47-901. Right of way for mining purposes. The owner, locator or occupant of a mining claim, whether patented under the laws of the United States or held by location or possession, may have and acquire a right of way for ingress and egress, when necessary in working such mining cl…

47-902. Right of way for mining purposes — Railroads, ditches, and tunnels. When any mine or mining claim is so situated, that for the more convenient enjoyment of the same a road, railroad or tramway therefrom, or ditch or canal to convey water thereto, or a ditch, flume, cut or…

47-903. Action to condemn right of way. When the owner, claimant or occupant of any mine or mining claim desires to work the same, and it is necessary, to enable him to do so successfully and conveniently, that he have a right of way for any of the purposes mentioned in the foreg…

47-904. Issuance and service of summons. Upon the filing of such complaint the clerk must issue a summons as provided in other civil actions, and the same must be served in the manner prescribed by law for service in ordinary actions.

47-905. Appointment of commissioners — Trial by court if commissioners not appointed. At any time after the service of the summons the plaintiff may upon ten days’ notice to the defendant, apply to the district court or the judge thereof for the appointment of commissioners to as…

47-906. Oath, view, and report of commissioners. The commissioners so appointed must be sworn to faithfully and impartially discharge their duties, and must proceed without unreasonable delay to examine the premises and assess the damages resulting from such right or privilege pr…

47-907. Setting aside report. For good cause shown, the judge may set aside the report of such commissioners and appoint three (3) other commissioners whose duty shall be the same as above mentioned.

47-908. Rights upon payment of damages. Upon the payment of the sum assessed as damages as aforesaid, to the persons to whom it is awarded, or a tender thereof to them, then the person petitioning as aforesaid, is entitled to the right of way prayed for in his petition, and may i…

47-909. Appeal from commissioners’ award — Bond. Appeals from the assessment of damages made by the commissioners may be made and prosecuted in the proper district court by any party interested, at any time within ten (10) days after the filing of the report of the commissioners.…

47-910. Trial on appeal. An appeal brings before the district court the necessity of the right of way or easement for the successful and convenient working of the mining claim and the amount of damages; and upon such appeal the case must be tried anew, and either party is entitle…

47-911. Effect of appeal — Bond and deposit of damages. The prosecution of an appeal from the award of the commissioners or from the judgment of the district court does not hinder, delay or prevent the plaintiff from exercising all the rights and privileges granted by the award o…

47-912. Costs of appeal. If the defendant recover judgment against the necessity of the easement, or for fifty dollars ($50.00) more damages than the plaintiff has tendered him as provided in the next section, or for fifty dollars ($50.00) more damages than the commissioners or j…

47-913. Costs of proceedings. The costs and expenses of proceedings under the provisions of this chapter, except as herein otherwise provided, must be paid by the party making the application: provided, that if the applicant before the commencement of such proceedings has tendere…

47-1001. Right to cross located claim. Any person or company who has or who may hereafter have a tunnel or crosscut, the mouth of which is located upon his own ground or upon ground in his lawful occupation, shall have the right to drive and continue the same through and across a…

47-1002. Owner of intersected claim may inspect tunnel. Each tunnel or crosscut may be driven and worked for the purpose of drainage and for the purpose of reaching and working mining ground of the tunnel owner beyond the intersected claim. The owner or owners of any vein or any …

47-1003. Title to ore taken from intersected claim. If any ore, the property of the owner of the claim intersected or crossed, be extracted in driving such tunnel, it shall be the property of the owner of the vein from which it was taken and the owner of the tunnel shall be liabl…

47-1004. Burden of proof as to discovered vein. In all actions between the tunnel owner and others involving the right to any vein discovered in such tunnel, the burden of proving that the vein so discovered is not the property of the adverse claimant in such action shall be on t…

47-1101. Order for performance of assessment work. Whenever a judgment, attachment or mortgage creditor has a lien upon unpatented mining claims in this state and the annual assessment work required by the provisions of section 2324 of the Revised Statutes of the United States, a…

47-1102. Cost of assessment a lien. Upon the making of such order the judgment, attachment or mortgage creditor shall be authorized and empowered to incur all the expenses necessary in the performance of the annual assessment work upon such mining claims, and upon filing in the c…

47-1201. License tax to be measured by one percent of the net value of ores mined — Definition of royalty. (a) Tax on mining or on receiving royalties. For the privilege of mining in this state, both placer and rock in place, every person, copartnership, company, joint stock comp…

47-1202. Net value of ore to be used as measure of tax — How determined. For the purpose of measuring and determining the amount of tax to be paid under the provisions of section 47-1201, Idaho Code, the royalties as defined in subsection (b) of section 47-1201, Idaho Code, or th…

47-1203. Statement of net proceeds from mining or extracting ores — Or from royalty. (a) Every person, copartnership, company, joint stock company, trust, corporation, or association mining or receiving royalties from any quartz vein or lode, or placer or rock in place mining cla…