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 stream channel to determine the likely effect of the proposed stream channel alteration upon the fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, and water quality values of the stream. The director shall furnish a copy of each application and all accompanying materials to the department of lands. Within twenty (20) days of the receipt of copies of such application and plans from the director, such other state agencies shall notify the director whether the proposed stream channel alteration will have an unreasonably detrimental effect upon these stream values and shall include with such notification recommendations of alternate plans, if any, determined by such agency to be reasonable to accomplish the purpose of the proposed stream channel alteration without adversely affecting such stream values.
History:
[42-3804, added 1971, ch. 337, sec. 4, p. 1304; am. 1974, ch. 20, sec. 35, p. 533; am. 1976, ch. 150, sec. 2, p. 540.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 38 - ALTERATION OF CHANNELS OF STREAMS
Section 42-3801 - LEGISLATIVE INTENT — STREAM CHANNELS — ALTERATION.
Section 42-3802 - DEFINITIONS.
Section 42-3803 - ALTERATION OF CHANNELS — PERMIT REQUIRED — PLANS.
Section 42-3804 - APPLICATION — REVIEW BY DIRECTOR.
Section 42-3805 - DECISION OF DIRECTOR — HEARING — REVIEW BY DISTRICT COURT.
Section 42-3806 - EXISTING RIGHTS UNAFFECTED — WHERE PERMIT NOT REQUIRED.
Section 42-3807 - RESERVOIRS — PORT DISTRICTS — EXEMPT.
Section 42-3808 - EMERGENCIES — WAIVER BY DIRECTOR.
Section 42-3809 - ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF.
Section 42-3810 - RESTORATION OF STREAM CHANNEL — MITIGATION OF DAMAGES.