42-2039. RESTORATION OF LANDS AUTHORIZED. The legislature hereby recognizes and acknowledges the need to assure replacement of the grazing and wildlife land uses displaced by Carey Act developments. In order to facilitate such replacements, any settlers having contracts with the state for reclamation of lands segregated under the Carey Act shall include grazing and wildlife restoration work in total or in part to the maximum expenditure of five dollars ($5.00) per acre for grazing restoration and one dollar ($1.00) per acre for wildlife restoration as a legitimate and necessary cost of the reclamation effort. The settlers are hereby authorized to subcontract with the bureau of land management, or any party designated by the bureau, for the purpose of accomplishing this restoration work. Payment by the Carey Act settlers for the restoration work shall be at the time the settler is granted patent to the lands developed. The director of the department of water resources is hereby authorized and directed to accept restoration expenditures as bona fide land development costs of the company up to an amount not to exceed five dollars ($5.00) per acre for grazing restoration and one dollar ($1.00) per acre for wildlife restoration.
In the event that no suitable lands are available for restoration as grazing lands as provided herein, the director is authorized to so certify, and the payment in lieu of restoration shall be made directly to the person with previous grazing rights to the land under Carey Act development.
In those instances where a Carey Act project application is filed for land on which any livestock watering improvements, established trail rights, or recent successful reseedings of less than five (5) years usage are in place and functional at the time of the filing, then these watering improvements, trail rights or reseedings shall be replaced in kind notwithstanding costs in excess of the limitation of five dollars ($5.00) imposed herein. The director of the department of water resources shall be responsible for the negotiation and determination of the values in excess of five dollars ($5.00) per acre which are involved in qualifying water improvements, trail rights or recent reseedings and to whom the payments for excess values shall be made.
History:
[42-2039, as added by 1975, ch. 61, sec. 1, p. 127; am. 1976, ch. 109, sec. 2, p. 434.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 20 - RECLAMATION OF CAREY ACT LANDS
Section 42-2001 - ACCEPTANCE OF THE CAREY ACT.
Section 42-2002 - DUTIES OF DEPARTMENT.
Section 42-2003 - PROPOSALS TO CONSTRUCT IRRIGATION WORKS.
Section 42-2004 - CERTIFIED CHECK TO ACCOMPANY PROPOSAL.
Section 42-2005 - APPLICATION FOR APPROPRIATION PERMIT TO BE FILED.
Section 42-2006 - SUBMISSION OF PROPOSAL TO DEPARTMENT.
Section 42-2007 - ACTION BY THE DEPARTMENT ON PROPOSAL FOR SEGREGATION.
Section 42-2008 - ADVERSE REPORT BY DEPARTMENT.
Section 42-2009 - CONTRACT FOR CONSTRUCTION OF RECLAMATION WORKS.
Section 42-2010 - CONTRACT FOR CONSTRUCTION — LIMITATIONS ON TERMS.
Section 42-2011 - FORFEITURE OF CONTRACT FOR CONTRACTOR’S DEFAULT — SALE OF PROJECT.
Section 42-2012 - STATE NOT TO BE RESPONSIBLE FOR WORK.
Section 42-2013A - PREFERENCE.
Section 42-2015 - STATE LAND OFFICIALS AND EMPLOYEES NOT TO ENTER LAND.
Section 42-2016 - DUTY OF DEPARTMENT.
Section 42-2017 - PENALTY FOR VIOLATING PRECEDING SECTIONS.
Section 42-2018 - CAREY ACT TRUST FUND — CONTINUING APPROPRIATION.
Section 42-2019 - PROOF OF RECLAMATION AND SETTLEMENT — PATENT.
Section 42-2020 - SETTLEMENT AFTER NOTICE OF AVAILABILITY OF WATER.
Section 42-2021 - FINAL PROOF AFTER DEATH OF ENTRYMAN.
Section 42-2022 - ISSUANCE OF PATENT.
Section 42-2024 - MANNER OF REPAYMENT.
Section 42-2025 - APPURTENANCY OF WATER RIGHTS.
Section 42-2026 - LIEN FOR PURCHASE PRICE OF WATER RIGHT.
Section 42-2027 - RECORD OF WATER CONTRACT.
Section 42-2028 - FORECLOSURE OF LIEN.
Section 42-2029 - FORECLOSURE SALE.
Section 42-2030 - FORECLOSURE SALE — LIMITATION ON BID OF LIENHOLDER.
Section 42-2031 - RECORD OF CERTIFICATE OF SALE.
Section 42-2032 - DISPOSITION OF PROCEEDS OF SALE.
Section 42-2033 - REDEMPTION BY OWNER.
Section 42-2034 - REDEMPTION PURCHASE BY PROSPECTIVE SETTLER.
Section 42-2035 - SHERIFF’S DEED TO PURCHASER ON FORECLOSURE.
Section 42-2036 - RIGHTS OF WAY FOR CANALS.
Section 42-2037 - DEPARTMENT TO PRESCRIBE RULES — REPORTS OF CONTRACTORS — WAIVER OF RULES.
Section 42-2038 - FEES OF DEPARTMENT — DUTIES OF EMPLOYEES.
Section 42-2039 - RESTORATION OF LANDS AUTHORIZED.
Section 42-2040 - SUITS BY DEPARTMENT.
Section 42-2041 - INDIAN HILLS PROJECT — LEGISLATIVE FINDING.
Section 42-2042 - AUTHORIZATION — FINANCING.
Section 42-2043 - SOURCE OF LANDS.
Section 42-2044 - EXEMPTION FROM APPROPRIATION RESTRICTIONS.