Title 42 — IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION
43 chapters · 868 sections in this title.
Idaho Code § 42-3313 Commission to serve on joint commission relating to waters of Snake River
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42-3313. Commission to serve on joint commission relating to waters of Snake River. The governor of the state of Idaho is hereby authorized to appoint a commission of ten (10) members, of which the director of the department of water resources shall be one (1), to represent the s…
Idaho Code § 42-3314 Legal, engineering and other assistance
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42-3314. Legal, engineering and other assistance. As soon as the commissioners of the state of Idaho shall have been appointed and shall have entered upon the performance of their duties, as herein provided, they shall be furnished such legal, engineering and other assistance as …
Idaho Code § 42-3315 Authority and duties of commission
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42-3315. Authority and duties of commission. The said commissioners for the state of Idaho shall have authority to make full investigations of Snake River and its tributaries and the drainage area thereof, as may be necessary in order to determine the facts as to physical conditi…
Idaho Code § 42-3316 Director of department of water resources and attorney general to render assistance
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42-3316. Director of department of water resources and attorney general to render assistance. It shall be the duty of the director of the department of water resources of the state of Idaho, and the attorney general of said state, to aid and assist the commissioners to be appoint…
Idaho Code § 42-3317 Request for reciprocal legislation and proper congressional resolution
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42-3317. Request for reciprocal legislation and proper congressional resolution. The governor of Idaho shall advise the governor of the state of Wyoming and the president of the United States of this enactment and request that reciprocal legislation be enacted by said state and t…
Idaho Code § 42-3318 Tenure of office — Remuneration and expenses — Reduction of number
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42-3318. Tenure of office — Remuneration and expenses — Reduction of number. The tenure of office of said commissioners shall be at the pleasure of the governor, and their remuneration and expenses shall be fixed by him; provided, however, that if the state of Wyoming shall appoi…
Idaho Code § 42-3319 Commission to serve on joint commission relating to waters of Columbia River
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42-3319. Commission to serve on joint commission relating to waters of Columbia River. The governor of the state of Idaho is hereby authorized to appoint a commission of five (5) members, of which the director of the department of water resources shall be one (1), to represent th…
Idaho Code § 42-3320 Legal, engineering and other assistance
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42-3320. Legal, engineering and other assistance. As soon as the commissioners of the state of Idaho shall have been appointed and shall have entered upon the performance of their duties, as herein provided, they shall be furnished such legal, engineering and other assistance as …
Idaho Code § 42-3321 Authority and duties of commission
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42-3321. Authority and duties of commission. The said commissioners for the state of Idaho shall have full authority to make full investigations of the Columbia River and its tributaries, including the Snake River, and the drainage thereof, as may be necessary in order to determi…
Idaho Code § 42-3322 Director of department of water resources and attorney general to render assistance
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42-3322. Director of department of water resources and attorney general to render assistance. It shall be the duty of the director of the department of water resources of the state of Idaho, and the attorney general of said state, or whoever they may appoint, to aid and assist th…
Idaho Code § 42-3323 Request for reciprocal legislation and congressional enabling legislation
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42-3323. Request for reciprocal legislation and congressional enabling legislation. The governor of Idaho shall advise the governors of the states of Washington, Oregon, Montana, Utah, Wyoming and Nevada, and the president of the United States of this enactment and request that r…
Idaho Code § 42-3324 Tenure of office — Remuneration and expenses
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42-3324. Tenure of office — Remuneration and expenses. The tenure of office of said commissioners shall be at the pleasure of the governor, and their remuneration and expenses shall be fixed by him.
Idaho Code § 42-3401 Snake River Compact ratified
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42-3401. Snake River Compact ratified. Ratification and approval is hereby given to the Snake River Compact as signed at the city of Cheyenne in the state of Wyoming on the 10th day of October, 1949, by the commissioners of the state of Idaho, acting pursuant to authority granted…
Idaho Code § 42-3402 Bear River Compact ratified
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42-3402. Bear River Compact ratified. Ratification and approval is hereby given to the Bear River Compact as signed at the city of Salt Lake City, in the state of Utah on the twenty-second day of December, 1978, by Clifford J. Skinner, J. Daniel Roberts and Don W. Gilbert, commis…
Idaho Code § 42-3404 Anadromous fish — Compact with Washington and Oregon — Regulatory powers of fish and game representatives of states
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42-3404. Anadromous fish — Compact with Washington and Oregon — Regulatory powers of fish and game representatives of states. Should congress by virtue of the authority vested in it under article 1, section 10, of the Constitution of the United States, providing for compacts and …
Idaho Code § 42-3501 Bear River Compact commissioners — Appointment
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42-3501. Bear River Compact commissioners — Appointment. The governor of the state of Idaho is hereby authorized and directed to appoint three (3) commissioners to represent the state of Idaho on a joint commission to be composed of three (3) commissioners from each of the states…
Idaho Code § 42-3502 Qualifications of commissioners of Bear River Compact
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42-3502. Qualifications of commissioners of Bear River Compact. Two (2) of the commissioners shall be electors of the state of Idaho who are residents within the watershed of the Bear River in Idaho. One (1) commissioner may be the director of the department of water resources of…
Idaho Code § 42-3503 Terms of Bear River Compact commissioners — Filling vacancies
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42-3503. Terms of Bear River Compact commissioners — Filling vacancies. The appointment of each commissioner shall be for a six (6) year term but may be terminated at the pleasure of the governor: Provided that the appointments of the commissioners first appointed shall terminate…
Idaho Code § 42-3504 Remuneration and expenses of Bear River Compact commissioners
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42-3504. Remuneration and expenses of Bear River Compact commissioners. The remuneration and expenses of the commissioners shall be fixed by the governor. The remuneration and expenses of the commissioners and the share of the state of Idaho in the expenses of the Bear River Comm…
Idaho Code § 42-3505 Columbia Interstate Compact becoming operative upon ratification and enactment of legislation
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42-3505. Columbia Interstate Compact becoming operative upon ratification and enactment of legislation. The compact set forth in section 42-3403 shall not become operative unless and until it has been ratified and approved by appropriate legislative enactment by the states of Was…
Idaho Code § 42-3506 Commissioners of Columbia Compact Commission — Appointment — Term — Vacancies
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42-3506. Commissioners of Columbia Compact Commission — Appointment — Term — Vacancies. There shall be three (3) members of the Columbia Compact Commission from the state of Idaho. They shall be appointed by the governor with the consent of the senate and shall hold office at the…
Idaho Code § 42-3507 Powers granted to Columbia Compact Commission
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42-3507. Powers granted to Columbia Compact Commission. There is hereby granted to the commission and the commissioners thereof all the powers provided for in said compact and all powers necessary or incidental to the carrying out of said compact in every particular.
Idaho Code § 42-3508 Per diem and expenses paid Columbia Compact Commission
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42-3508. Per diem and expenses paid Columbia Compact Commission. Each member of the Commission from the state of Idaho shall be compensated, from funds appropriated by the Legislature for that purpose, as provided by section 59-509(f), Idaho Code, for each day devoted to the busi…
Idaho Code § 42-3509 Remuneration and expenses of Columbia Compact commissioners
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42-3509. Remuneration and expenses of Columbia Compact commissioners. The remuneration and expenses of the commissioners and the share of the state of Idaho in the expenses of the Columbia Compact Commission shall be appropriated by the legislature to the state department of wate…
Idaho Code § 42-3510 State officers to render assistance to Columbia Compact Commission
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42-3510. State officers to render assistance to Columbia Compact Commission. All officers of this state are hereby authorized and directed to do all things, falling within their respective provinces and jurisdiction, necessary to or incidental to the carrying out of said compact …
Idaho Code § 42-3511 Powers granted Columbia Compact Commission supplemental to those contained in compact
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42-3511. Powers granted Columbia Compact Commission supplemental to those contained in compact. Any powers herein granted to the commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in said commission by other law…
Idaho Code § 42-3601 Purpose to prevent erosion, floodwater and sediment damages
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42-3601. Purpose to prevent erosion, floodwater and sediment damages. Erosion, floodwater, and sediment damages in the watersheds of the rivers and streams of the state of Idaho, causing loss of life and damage to property, constitute a menace to the welfare of the citizens of Id…
Idaho Code § 42-3602 Acceptance of provisions of federal act — Cooperation with federal authorities
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42-3602. Acceptance of provisions of federal act — Cooperation with federal authorities. To effectuate the purposes of the act, as expressed in section 42-3601 hereof, the state of Idaho hereby accepts the provisions of the "Watershed Protection and Flood Prevention Act" (Aug. 4,…
Idaho Code § 42-3603 Agreements authorized for works of improvement
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42-3603. Agreements authorized for works of improvement. The state of Idaho, by and through the director of the department of lands with the approval of the board of land commissioners, is authorized to enter into reasonable agreements with any authorized federal officer or agenc…
Idaho Code § 42-3604 Utilization of administrative appropriations and personnel
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42-3604. Utilization of administrative appropriations and personnel. For the purpose of executing section 42-3602, Idaho Code, the director of the department of lands is authorized to utilize existing and regular administrative appropriations and personnel. For the purposes of ex…
Idaho Code § 42-3701 Short title
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42-3701. Short title. This act may be known and cited as the Watershed Improvement District Law.
Idaho Code § 42-3702 Legislative determinations and declaration of policy
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42-3702. Legislative determinations and declaration of policy. It is hereby recognized that the protection of life and property from floods, the prevention of damage to lands therefrom, and the orderly development, wise use, conservation and protection of the water resources of t…
Idaho Code § 42-3703 Definitions
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42-3703. Definitions. Whenever used or referred to in this act, unless a different meaning clearly appears from the context, the following terms shall have the following meanings: 1. "District" or "watershed improvement district" means a governmental subdivision of this state and…
Idaho Code § 42-3704 Definition of watershed improvement districts
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42-3704. Definition of watershed improvement districts. Watershed improvement districts may be established in this state pursuant to this act, and when so established shall be governmental subdivisions of this state and public bodies corporate and politic. Such watershed improvem…
Idaho Code § 42-3705 Creation of watershed improvement districts
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42-3705. Creation of watershed improvement districts. Any fifteen (15) owners of land lying within the limits of the territory proposed to be organized into a watershed improvement district may file a petition with the state soil and water conservation commission asking that a wa…
Idaho Code § 42-3706 Election of district directors
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42-3706. Election of district directors. After the date of issuance of the secretary of state of a certificate of organization of a watershed improvement district nominating petitions may be filed with the state soil and water conservation commission to nominate candidates for di…
Idaho Code § 42-3707 Appointment, qualifications and tenure of directors
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42-3707. Appointment, qualifications and tenure of directors. The governing body of the district shall consist of three (3) directors elected or appointed as provided hereinabove. The director appointed by the commission shall be an owner of land within the district and shall be …
Idaho Code § 42-3708 Powers of directors
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42-3708. Powers of directors. The directors of a watershed improvement district shall have power: 1. To levy and cause to be collected assessments on real property within the district in an amount not to exceed six hundredths of one per cent (.06%) of the market value for assessm…
Idaho Code § 42-3709 Submission of proposed project to director of the department of water resources
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42-3709. Submission of proposed project to director of the department of water resources. Before any contract shall be let or work begun upon any improvement or project within the district the cost of which cannot be exclusively financed by funds on hand, grants in aid, or gifts …
Idaho Code § 42-3710 Hearing on proposed projects
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42-3710. Hearing on proposed projects. Not sooner than sixty (60) days after the submission of the plans for any project to the director of the department of water resources as set forth in section 42-3709, and before any contract shall be let or work begun upon any improvement o…
Idaho Code § 42-3711 Appointment of appraisers and appraisal of benefited property
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42-3711. Appointment of appraisers and appraisal of benefited property. If the directors, by resolution, determine that the proposed improvement or project should be constructed and that the costs of said improvement or project should be paid by special assessment against the lan…
Idaho Code § 42-3712 Hearing on report of appraisers
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42-3712. Hearing on report of appraisers. Upon receiving the report of the appraisers the directors shall fix a time and place within the district for hearing any complaint that may be made regarding the benefits appraised to any tract of land or the assessment proposed to be lev…
Idaho Code § 42-3713 Appeal from approval of project or determination of benefits or assessments
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42-3713. Appeal from approval of project or determination of benefits or assessments. Any owner of land or person having an interest therein upon which an assessment is proposed to be levied may, within ninety (90) days, take an appeal from the resolution of the directors accepti…
Idaho Code § 42-3714 Assessments entered as tax liens in instalments
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42-3714. Assessments entered as tax liens in instalments. Upon the entering of the resolution and no appeal therefrom being filed within the time allowed for such appeal the directors shall transmit to the county auditor a list of all tracts of land so benefited, together with th…
Idaho Code § 42-3715 Lands of state and its subdivision
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42-3715. Lands of state and its subdivision. In case of lands belonging to the state, county, school district, or other public corporations are benefited by any improvement or project instituted under the provisions of this act, all benefits shall be assessed against said lands a…
Idaho Code § 42-3716 Additional assessments for maintenance
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42-3716. Additional assessments for maintenance. Additional assessments for the proper maintenance and/or operation of any improvement or project constructed within the district pursuant to this act may be levied against lands benefited by the improvement or project at the ratio …
Idaho Code § 42-3717 Discontinuance — dissolution of districts
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42-3717. Discontinuance — dissolution of districts. (1) At any time after three (3) years after the organization of a district under the provisions of this chapter any twenty-five (25) qualified electors or owners of land lying within the boundaries of such district or, if less t…
Idaho Code § 42-3801 Legislative intent — Stream channels — Alteration
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42-3801. Legislative intent — Stream channels — Alteration. The legislature of the state of Idaho hereby declares that the public health, safety and welfare requires that the stream channels of the state and their environments be protected against alteration for the protection of…
Idaho Code § 42-3802 Definitions
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42-3802. Definitions. Whenever used in this act, the term: (a) "Person" means any individual, partnership, company, corporation, municipality, county, state or federal agency, or other entity proposing to alter a stream channel. (b) "Alter" means to obstruct, diminish, destroy, a…
Idaho Code § 42-3803 Alteration of channels — Permit required — Plans
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42-3803. Alteration of channels — Permit required — Plans. (a) No person shall engage in any project or activity which will alter a stream channel without first applying to and receiving a permit therefor from the director. Such application shall be submitted not less than sixty …