US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 17
                       DEPARTMENT OF WATER RESOURCES --
                             WATER RESOURCE BOARD
    42-1711.  DEFINITIONS. Unless the context otherwise requires, the
following definitions govern the construction of this chapter.
    (a)  "Department" means the department of water resources.
    (b)  "Dam" means any artificial barrier, together with appurtenant works,
constructed for the purpose of storing water or that stores water, which is
ten (10) feet or more in height from the natural bed of the stream or
watercourse at the downstream toe of the barrier, as determined by the
department, or from the lowest elevation of the outside limit of the barrier,
if it is not across a stream channel or watercourse, to the maximum water
storage elevation, or has or will have an impounding capacity at maximum
storage elevation of fifty (50) acre-feet or more. The following are not
included as regulated dams or are not considered dams for the purposes of
sections 42-1710 through 42-1721, Idaho Code; provided however, barriers
defined in paragraphs (1) and (2), below, shall remain under the exclusive
jurisdiction of the department:
    (1)  Barriers constructed in low risk areas as determined by the director,
    which are six (6) feet or less in height, regardless of storage capacity.
    (2)  Barriers constructed in low risk areas as determined by the director,
    which impound ten (10) acre-feet or less at maximum water storage
    elevation, regardless of height.
    (3)  Barriers in a canal used to raise or lower water therein or divert
    water therefrom.
    (4)  Fills or structures determined by the director to be designed
    primarily for highway or railroad traffic.
    (5)  Fills, retaining dikes or structures less than twenty (20) feet in
    height, which are under jurisdiction of the department of environmental
    quality or the department of agriculture, determined by the director of
    the department of water resources to be designed primarily for retention
    or treatment of municipal, livestock, or domestic wastes, or sediment and
    wastes from produce washing or food processing plants.
    (6)  Levees that store water regardless of storage capacity.
    (c)  "Levee" means a retaining structure alongside a natural lake which
has a length that is two hundred (200) times or more greater than its greatest
height measured from the lowest elevation of the toe to the maximum crest
elevation of the retaining structure.
    (d)  "Reservoir" means any basin which contains or will contain the water
impounded by a dam.
    (e)  "Owner" includes any of the following who own, control, operate,
maintain, manage, or propose to construct a dam, reservoir or mine tailings
impoundment structure:
    (1)  The state of Idaho and its departments, agencies, institutions and
    political subdivisions;
    (2)  The United States of America and any of its departments, bureaus,
    agencies  and institutions; provided that the United States of America
    shall not be required to pay any of the fees required by section 42-1713,
    Idaho Code, and shall submit plans, drawings and specifications as
    required by section 42-1712, Idaho Code, for information purposes only;
    (3)  Every municipal or quasi-municipal corporation;
    (4)  Every public utility;
    (5)  Every person, firm, association, organization, partnership, business
    trust, corporation or company;
    (6)  The duly authorized agents, lessees, or trustees of any of the
    foregoing; or
    (7)  Receivers or trustees appointed by any court for any of the
    foregoing.
    (f)  "Alterations," "repairs," or either of them, mean only such
alterations or repairs as may directly affect the safety of the dam, reservoir
or mine tailings impoundment structure, as determined by the department.
    (g)  "Enlargement" means any change in or addition to an existing dam,
reservoir or mine tailings impoundment structure, which raises or may raise
the water storage elevation of the water impounded by the dam or mine tailings
slurry impounded by the mine tailings impoundment structure.
    (h)  "Water storage elevation" means the maximum elevation of water
surface which can be obtained by the dam or reservoir.
    (i)  "Storage capacity" means the total storage at the maximum storage
elevation.
    (j)  "Days" used in establishing deadlines means calendar days including
Sundays and holidays.
    (k)  "Certificate of approval" means a certificate issued by the director
for all dams or mine tailings impoundment structures listing restrictions
imposed by the director, and without which no new dams shall be allowed to
impound water or mine tailings impoundment structures shall be allowed to
impound mine tailings slurry.
    (l)  "Mine tailings impoundment structure" means any artificial embankment
which is or will be more than thirty (30) feet in height measured from the
lowest elevation of the toe to the maximum crest elevation constructed for the
purpose of storing mine tailings slurry.
    (m)  "Lift construction" means mine tailings impoundment structure
enlargement by raising the elevation of the structure on a continuous or
recurring basis. Such practice will be considered under construction until the
structure reaches its final crest elevation.
    (n)  "Mine tailings impoundment elevation" means the maximum elevation of
stored mine tailings which can be obtained by the impounding structure.
    (o)  "Mine tailings slurry" means all slurry wastes from a mineral
processing or mining operation.
    (p)  "Mine tailings storage capacity" means the total storage volume of
the impounding area when filled with tailings to the maximum designed storage
elevation.