42-1731. DEFINITIONS. For the purpose of this chapter:
(1) "Alteration" means any activity using mechanized equipment that moves or overturns gravel or earth.
(2) "Board" means the Idaho water resource board.
(3) "Comprehensive state water plan" means the plan adopted by the board pursuant to section 42-1734A, Idaho Code, or a component of such plan developed for a particular water resource, waterway or waterways and approved by the legislature.
(4) "Dredge or placer mining" means any dredge or other placer mining operation to recover minerals with the use of a dredge boat or sluice washing plant whether fed by bucket line as a part of such dredge or by a separate dragline or any other method including, but not limited to, suction dredges which are capable of moving more than two (2) cubic yards per hour of earth material.
(5) "Hydropower project" means any development which uses a flow of water as a source of electrical or mechanical power, or which regulates the flow of water for the purpose of generating electrical or mechanical power. A hydropower project development includes all powerhouses, dams, water conduits, transmission lines, water impoundments, roads, and other appurtenant works and structures.
(6) "Interim protected river" means a waterway designated pursuant to section 42-1734D or 42-1734H, Idaho Code, as protected for up to two (2) years while a component of the comprehensive state water plan is prepared for that waterway.
(7) "Natural river" means a waterway which possesses outstanding fish and wildlife, recreation, geologic or aesthetic values, which are free of substantial existing man-made impoundments, dams or other structures, and of which the riparian areas are largely undeveloped, although accessible in places by trails and roads.
(8) "Protected river" means a waterway protected in the comprehensive state water plan by designation as either a natural river or a recreational river.
(9) "Recreational river" means a waterway which possesses outstanding fish and wildlife, recreation, geologic or aesthetic values, and which might include some man-made development within the waterway or within the riparian area of the waterway.
(10) "Riparian area" means that area within one hundred (100) feet of the mean highwater mark of a waterway.
(11) "State agency" means any board, commission, department or executive agency of the state of Idaho.
(12) "Stream bed" means a natural water course of perceptible extent with definite bed and banks, which confines and conducts the water of a waterway which lies below and between the ordinary high water mark on either side of that waterway.
(13) "Waterway" means a river, stream, creek, lake or spring, or a portion thereof, and shall not include any tributary thereof.
History:
[42-1731, added 1988, ch. 370, sec. 3, p. 1092.]
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.