Title 42 — IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

42-3804. Application — Review by director. Upon the receipt of any application with accompanying plans, it shall be the duty of the director to examine same and to furnish copies of the application and plans to, and consult with, other state agencies having an interest in the str…

42-3805. Decision of director — Hearing — Review by district court. Based upon his own investigation and the recommendations and alternate plans of other state agencies, the director shall prepare and forward to the applicant his decision approving the application in whole or in …

42-3806. Existing rights unaffected — Where permit not required. This act shall not operate or be so construed as to impair, diminish, control or divest any existing or vested water rights acquired under the laws of the state of Idaho or the United States, nor to interfere with t…

42-3807. Reservoirs — Port districts — Exempt. This act shall not apply to any existing, proposed, or future reservoir projects. This act shall not apply to that portion of any continuous waterway system which will float commercial tug and barge vehicles to ports handling transoc…

42-3808. Emergencies — Waiver by director. When emergency situations exist requiring immediate action to protect life or property including growing crops, the director may waive the provisions of this act upon request; providing, however, that the extent of stream channel alterat…

42-3809. Enforcement procedure — Injunctive relief. The director of the department of water resources is hereby vested with the power and authority to enforce the provisions of this chapter and rules and regulations promulgated pursuant to it. When the director of the department …

42-3810. Restoration of stream channel — Mitigation of damages. Any party convicted of unlawful stream channel alteration shall, in addition to the penalties provided for in section 42-3809 of this act, be directed by the court to restore the stream channel to as near its origina…

42-3811. Violation of act a misdemeanor. Any person who violates any provision of this act or who violates any regulation, rule, order or standard of the board or director relating to the use of vacuum or suction dredges capable of moving two (2) or less cubic yards of material p…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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 …

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 …

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 …

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…

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…

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…

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 …

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…

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…

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…

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…

42-4001. Short title. This act may be known and cited as the Idaho Geothermal Resources Act.

42-4002. Definitions. Whenever used in this act the term: (a) "Department" means the Idaho department of water resources. (b) "Director" means the director of the Idaho department of water resources. (c) "Geothermal resource" means the natural heat energy of the earth, the energy…

42-4003. Permits — Application — Fee — Exceptions. (1) Any person who, as owner or operator, proposes to construct a well or to alter a well or to construct or to alter an injection well shall first apply to the director for a geothermal resource well permit, except as provided i…

42-4004. Processing of applications — Investigations — Hearings. (a) Upon receipt of an application made pursuant to section 42-4003, Idaho Code, it shall be the duty of the director to examine such application to ascertain, within thirty (30) days of receipt, if it sets forth al…

42-4005. Permit — Issuance — Sufficient security — Review — Appeal. (a) If the director finds that the well or the injection well as proposed to be constructed or altered is in the public interest, he shall issue a permit. The director may issue a permit substantially in accordan…

42-4006. Permit applications — Consolidation. The water resource board may, by regulation, provide for the consolidation of permit applications where several wells are proposed to be constructed in a geothermal area either for exploration or for development. Such regulations shal…

42-4007. Well abandonment or discontinuance of operation — Notice. At least five (5) days before any operation to abandon any well or injection well is commenced, the owner or operator thereof shall submit in writing a notification of intention to abandon to the director for appr…

42-4008. Well abandonment — Order of approval or disapproval. The director may, before the proposed date for commencing any abandonment operation, approve by order in writing, or, if found to be necessary, approve orally to be followed within forty-eight (48) hours by a written a…

42-4009. Well abandonment — Report — Action by director. (a) Within five (5) days after the completion of the abandonment of any well or injection well, the owner or operator of the abandoned well or injection well shall report, in writing to the director on such form as may be p…

42-4010. Powers and duties — Penalties — Enforcement procedure. (a) The water resource board may adopt, amend, or rescind reasonable rules, regulations, and construction standards necessary to the administration of this chapter in accordance with chapter 52, title 67, Idaho Code.…

42-4011. Name of owner on permit — Transfers restricted — Permit amendment, fee. (a) No well may be owned or operated by any person whose name does not appear on the permit or permit application therefor, nor may any well be transferred to any new owner or operator unless an appl…

42-4012. Resident agent — Actions — Hearings — Appeals. (a) Every permit holder, owner, and operator of any well shall designate to the director an agent who resides in this state upon whom may be served all orders, notices, or permits issued by the director. (b) Any person adver…

42-4013. Cooperative unit agreements — Voluntary — Involuntary. (a) Whenever the director finds that it is in the public interest and especially in the interest of the conservation of natural resources and of the protection of the geothermal resources of this state from waste, th…

42-4014. Liberal construction. This act shall be construed liberally to serve its purposes and policy.

42-4015. Statutory construction. Whenever the masculine gender is used in this act it shall read as the masculine, feminine, or neuter genders as may be appropriate; the singular form shall also be read as referring to the plural form wherever it is appropriate to do so.

42-4101. Short title. The following eighteen (18) sections may be cited as the "Water and Sewer District Revenue Bond Act."

42-4102. Grant of authority. Any water and/or sewer district acquiring, constructing, reconstructing, improving, bettering or extending any works pursuant to this act, shall manage such works in the most efficient manner consistent with sound economy and public advantage, to the …

42-4103. Definitions. For the purpose of this act, unless a different meaning clearly appears from the context, the following terms shall be ascribed the following meanings: (a) The term "works" shall include water systems and sewerage systems; (b) The term "water system" shall i…

42-4104. Powers. In addition to the powers which it may now have, any district shall have power under and subject to the following provisions: (a) To acquire by gift or purchase and to construct, reconstruct, improve, better or extend any works within or without the district, or …

42-4105. Supervision of works. The construction, acquisition, improvement, equipment, custody, operation and maintenance of any works under the provisions of this act, and the collection of revenues therefrom for the service rendered thereby shall be under the supervision and con…

42-4106. Works to be self-supporting. The commissioners of the district issuing bonds pursuant to this act shall prescribe and collect reasonable rates, fees, tolls or charges for the services, facilities and commodities furnished by such works, and shall revise such rates, fees,…

42-4107. Use of works — Revenue. Any district issuing bonds under this act for the acquisition, construction, reconstruction, improvement, betterment or extension of any works, shall have the right to appropriate, apply or expend the revenue of such works for the following purpos…