US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 17
                       DEPARTMENT OF WATER RESOURCES --
                             WATER RESOURCE BOARD
    42-1719.  ISSUANCE OF CERTIFICATES OF APPROVAL -- REVOCATION -- APPEAL. A
certificate of approval shall be issued for all dams and mine tailings
impoundment structures, new or existing, upon a finding that the dam or
reservoir is safe to impound water or the mine tailings impoundment structure
is safe to impound mine tailings slurry within the limitations prescribed in
the certificate. Upon written request by an owner for a certificate of
approval, the director shall within fourteen (14) days inspect or cause to be
inspected and issue a certificate if he finds that the dam, reservoir or mine
tailings impoundment structure is safe to impound water or tailings slurry
within the limitations prescribed in the certificate. Pending the issuance of
a certificate of approval, the owner of a new dam, reservoir or mine tailings
impoundment structure shall not, through action or inaction, cause the dam or
reservoir to impound water or mine tailings impoundment structure to impound
mine tailings slurry.
    Each certificate of approval issued may contain such terms and conditions
as the director may prescribe. The director may revoke any certificate of
approval whenever he determines that the dam, reservoir or mine tailings
impoundment structure constitutes a danger to life and property. Whenever he
deems such action necessary to safeguard life and property, the director may
also amend the terms and conditions of any such certificate by issuing a new
certificate containing the revised terms and conditions. The owner of a dam,
reservoir or mine tailings impoundment structure for which a certificate of
approval has been issued shall not, through action or inaction, cause the dam
or reservoir to impound water or mine tailings impoundment structure to
impound mine tailings slurry after the certificate terminates unless a new
certificate is issued for the dam, reservoir or mine tailings impoundment
structure. Those inflows that cannot be diverted may still be allowed to enter
the structure, but the lowest possible level must be maintained until safety
of the structure is assured. A new certificate shall be issued upon a finding
by the director that the dam or reservoir is safe to impound water or mine
tailings impoundment structure is safe to impound tailings slurry within the
limits prescribed in the certificate.
    No action shall be brought by the state against the owner for pollution
which may occur in the event that the director orders emergency dumping or
bypassing.
    With respect to written consent for use of a dam which has been issued and
which is in effect prior to the effective date of this act or mine tailings
impoundment structure which has been issued and which is in effect prior to
the effective date of amendment, the director shall issue a new certificate of
approval, which shall supersede the previous written consent for use, or shall
contain such terms and conditions as the director may prescribe or shall
revoke the existing written consent for use if he finds that the dam or
reservoir is not safe to impound water or that the mine tailings impoundment
structure is not safe to impound mine tailings slurry.
    Before any certificate of approval is revoked, the director shall hold a
hearing. Written notice of the time and place of the hearing shall be mailed,
at least twenty (20) days prior to the date set for the hearing, to the holder
of the certificate. Any interested persons may appear at the hearing and
present their views and objections to the proposed action. The hearing shall
be conducted in accordance with section 42-1701A(1) and (2), Idaho Code. Any
party aggrieved by the final order of the director may seek judicial review
thereof pursuant to section 42-1701A(4), Idaho Code.