2005 Idaho Code - 58-1203 — LIMITATIONS TO THE APPLICATION OF THE PUBLIC TRUST DOCTRINE

                                  TITLE  58
                                 PUBLIC LANDS
                                  CHAPTER 12
                            PUBLIC TRUST DOCTRINE
    58-1203.  LIMITATIONS TO THE APPLICATION OF THE PUBLIC TRUST DOCTRINE. (1)
The public trust doctrine as it is applied in the state of Idaho is solely a
limitation on the power of the state to alienate or encumber the title to the
beds of navigable waters as defined in this chapter. The state board of land
commissioners may approve, modify or reject all activities involving the
alienation or encumbrance of the beds of navigable waters in accordance with
the public trust doctrine.
    (2)  The public trust doctrine shall not be applied to any purpose other
than as provided in this chapter. Specifically, but without limitation, the
public trust doctrine shall not apply to:
    (a)  The management or disposition of lands held for the benefit of the
    endowed institutions as set forth in article IX of the constitution of the
    state of Idaho;
    (b)  The appropriation or use of water, or the granting, transfer,
    administration, or adjudication of water or water rights as provided for
    in article XV of the constitution of the state of Idaho and title 42,
    Idaho Code, or any other procedure or law applicable to water rights in
    the state of Idaho; or
    (c)  The protection or exercise of private property rights within the
    state of Idaho.
    (3)  Nothing in this chapter shall be construed as a limitation on the
power of the state to authorize public or private use, encumbrance or
alienation of the title to the beds of navigable waters held in public trust
pursuant to this chapter for such purposes as navigation, commerce,
recreation, agriculture, mining, forestry, or other uses, if, in the judgment
of the state board of land commissioners, the grant for such use is made in
accordance with the statutes and constitution of the state of Idaho.
    (4)  Nothing in this chapter shall be construed as repealing, limiting, or
otherwise altering any statutory or constitutional provision of the state of
Idaho including, but not limited to: title 42, Idaho Code, concerning the
appropriation, transfer and use of the waters of Idaho; title 36, Idaho Code,
concerning the regulation and management of fish and game and the right of
public access on navigable waters; title 58, Idaho Code, relating to state
lands and navigational encroachments; or chapter 43, title 67, Idaho Code,
concerning the appropriation of waters in trust by the state of Idaho.