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 life or property as not to permit time for the issuance and enforcement of an order relative to maintenance or operation.
(b) Passing or imminent floods threaten the safety of any dam, reservoir or mine tailings impoundment structure.
In applying the remedial means provided for in this act, the department may in emergency do any of the following:
(a) Lower the water level by releasing water from the reservoir or lower mine tailings slurry level by releasing slurry from the mine tailings impoundment structure.
(b) Completely empty the reservoir.
(c) Take such other steps as may be essential to safeguard life and property.
The director shall continue in full charge and control of such dam or reservoir, or both, or mine tailings impoundment structure, or all, and its appurtenances, until they are rendered safe or the emergency occasioning the action has ceased.
If the cost of the emergency remedial action by the director for the protection of life and property exceeds the amount of money appropriated from the general fund specifically for that purpose, the additional costs may be defrayed by the issuance of deficiency warrants as may be authorized by the board of examiners. When so authorized, the state controller shall draw deficiency warrants against the general fund.
The cost and expenses of the remedial means provided in this act, including cost of any work done to render a dam, reservoir or mine tailings impoundment structure or its appurtenances safe, shall be recoverable by the state from the owner. If not paid within sixty (60) days of invoice, action may be brought by the director in the district court of the district wherein the dam, reservoir or mine tailings impoundment structure or any part thereof is situated. The funds recovered shall be returned to the general fund to offset the amount of the deficiency warrant.
No action shall be brought by the state against the owner for pollution which may occur in the event that the director orders emergency dumping or bypassing.
History:
[42-1718, added 1969, ch. 280, sec. 9, p. 833; am. 1974, ch. 20, sec. 19, p. 533; am. 1978, ch. 309, sec. 9, p. 793; am. 1995, ch. 283, sec. 1, p. 944; am. 2003, ch. 32, sec. 23, p. 130.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD
Section 42-1701 - CREATION OF DEPARTMENT OF WATER RESOURCES — DIRECTOR — QUALIFICATIONS — DUTIES.
Section 42-1701A - HEARINGS BEFORE DIRECTOR — APPEALS.
Section 42-1701B - ENFORCEMENT PROCEDURE — NOTICE — CONSENT ORDER — CIVIL ACTION.
Section 42-1702 - DUTY TO SUPPLY INFORMATION.
Section 42-1703 - ATTORNEY GENERAL TO ADVISE DIRECTOR.
Section 42-1704 - DIRECTOR TO MAKE REPORT.
Section 42-1705 - COOPERATION WITH UNITED STATES GEOLOGICAL SURVEY.
Section 42-1706 - ADDITIONAL DUTIES OF DIRECTOR.
Section 42-1709 - INSPECTION AND OVERSIGHT ON COMPLAINT OR DIRECTOR’S DETERMINATION.
Section 42-1711 - DEFINITIONS.
Section 42-1716 - NOTICE OF COMPLETION — FILING OF SUPPLEMENTARY DRAWINGS OR DESCRIPTIVE MATTER.
Section 42-1718 - REMEDIAL MEANS FOR PROTECTION OF LIFE AND PROPERTY.
Section 42-1719 - ISSUANCE OF CERTIFICATES OF APPROVAL — REVOCATION — APPEAL.
Section 42-1720 - VIOLATIONS OF CHAPTER — PENALTIES.
Section 42-1730 - STATEMENT OF PURPOSE.
Section 42-1731 - DEFINITIONS.
Section 42-1732 - IDAHO WATER RESOURCE BOARD.
Section 42-1733 - ORGANIZATION.
Section 42-1734 - POWERS AND DUTIES.
Section 42-1734A - COMPREHENSIVE STATE WATER PLAN.
Section 42-1734B - BOARD PROCEDURES FOR ADOPTING A COMPREHENSIVE STATE WATER PLAN.
Section 42-1734C - STATUS OF COMPREHENSIVE STATE WATER PLAN BEFORE FEDERAL AGENCIES.
Section 42-1734D - DESIGNATION OF INTERIM PROTECTED RIVERS.
Section 42-1734F - RIGHTS NOT AFFECTED.
Section 42-1734G - WATER RIGHTS.
Section 42-1734H - DESIGNATION OF PARTICULAR RIVERS AS INTERIM PROTECTED RIVERS.
Section 42-1734I - DESIGNATION UNDER FEDERAL LAW.
Section 42-1735 - APPOINTMENT OF COUNSEL — HEARING OFFICERS.
Section 42-1736B - WATER RESOURCE POLICY ACTIONS.
Section 42-1738 - VESTED WATER RIGHTS PROTECTED — POLICY OF PROJECT OPERATION AFTER PAY-OUT DEFINED.
Section 42-1739 - BOND AUTHORIZATION.
Section 42-1742 - SPECIAL FUNDS.
Section 42-1746 - FUNDING, REFUNDING BONDS.
Section 42-1747 - TAX EXEMPTION.
Section 42-1748 - CONSTRUCTION OF ACT.
Section 42-1749 - COMPELLING ISSUANCE.
Section 42-1750 - REVOLVING FUND — PUBLIC POLICY AND PURPOSE.
Section 42-1751 - DEFINITIONS.
Section 42-1752 - ESTABLISHMENT OF IDAHO WATER RESOURCE BOARD REVOLVING DEVELOPMENT FUND.
Section 42-1753 - SOURCE OF FUND.
Section 42-1754 - ALLOCATION OF FUND.
Section 42-1755 - PROJECTS — PLANS AND COST ESTIMATES — REPAYMENT CONTRACTS — TITLE.
Section 42-1757 - MEMBERS OF BOARD — CONFLICTS OF INTEREST.
Section 42-1758 - RULES AND REGULATIONS.
Section 42-1759 - ANNUAL REPORT AND FINANCIAL STATEMENT TO GOVERNOR AND LEGISLATURE.
Section 42-1760 - WATER MANAGEMENT ACCOUNT.
Section 42-1761 - WATER SUPPLY BANK CREATED.
Section 42-1762 - RULES AND REGULATIONS — ACQUISITION OF WATER RIGHTS.
Section 42-1763 - RENTALS FROM BANK — APPROVAL BY DIRECTOR.
Section 42-1765 - LOCAL COMMITTEES — RENTAL OF STORED WATER — APPORTIONMENT OF RENTAL PROCEEDS.
Section 42-1765A - LEMHI RIVER BASIN — LOCAL RENTAL COMMITTEE.
Section 42-1766 - APPEALS PROCEDURE FOR WATER RIGHT HOLDERS.
Section 42-1775 - DECLARATION OF POLICY AND PURPOSE.
Section 42-1776 - WATER RESOURCES CONSERVATION AND DEVELOPMENT TRUST ACCOUNT.
Section 42-1777 - WATER RESOURCES ADJUDICATION FUND.
Section 42-1778 - WATER RIGHTS ENFORCEMENT ACCOUNT.
Section 42-1779 - STATEWIDE COMPREHENSIVE AQUIFER PLANNING AND MANAGEMENT EFFORT.