42-1731 — DEFINITIONS
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TITLE 42
IRRIGATION AND DRAINAGE -- WATER
RIGHTS AND RECLAMATION
CHAPTER 17
DEPARTMENT OF WATER RESOURCES --
WATER RESOURCE BOARD
42-1731. DEFINITIONS. For the purpose of this chapter:
(1) "Alteration" means any activity using mechanized equipment that moves
or overturns gravel or earth.
(2) "Board" means the Idaho water resource board.
(3) "Comprehensive state water plan" means the plan adopted by the board
pursuant to section 42-1734A, Idaho Code, or a component of such plan
developed for a particular water resource, waterway or waterways and approved
by the legislature.
(4) "Dredge or placer mining" means any dredge or other placer mining
operation to recover minerals with the use of a dredge boat or sluice washing
plant whether fed by bucket line as a part of such dredge or by a separate
dragline or any other method including, but not limited to, suction dredges
which are capable of moving more than two (2) cubic yards per hour of earth
material.
(5) "Hydropower project" means any development which uses a flow of water
as a source of electrical or mechanical power, or which regulates the flow of
water for the purpose of generating electrical or mechanical power. A
hydropower project development includes all powerhouses, dams, water conduits,
transmission lines, water impoundments, roads, and other appurtenant works and
structures.
(6) "Interim protected river" means a waterway designated pursuant to
section 42-1734D or 42-1734H, Idaho Code, as protected for up to two (2) years
while a component of the comprehensive state water plan is prepared for that
waterway.
(7) "Natural river" means a waterway which possesses outstanding fish and
wildlife, recreation, geologic or aesthetic values, which are free of
substantial existing man-made impoundments, dams or other structures, and of
which the riparian areas are largely undeveloped, although accessible in
places by trails and roads.
(8) "Protected river" means a waterway protected in the comprehensive
state water plan by designation as either a natural river or a recreational
river.
(9) "Recreational river" means a waterway which possesses outstanding
fish and wildlife, recreation, geologic or aesthetic values, and which might
include some man-made development within the waterway or within the riparian
area of the waterway.
(10) "Riparian area" means that area within one hundred (100) feet of the
mean highwater mark of a waterway.
(11) "State agency" means any board, commission, department or executive
agency of the state of Idaho.
(12) "Stream bed" means a natural water course of perceptible extent with
definite bed and banks, which confines and conducts the water of a waterway
which lies below and between the ordinary high water mark on either side of
that waterway.
(13) "Waterway" means a river, stream, creek, lake or spring, or a
portion thereof, and shall not include any tributary thereof.