US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 17
                       DEPARTMENT OF WATER RESOURCES --
                             WATER RESOURCE BOARD
    42-1734B.  BOARD PROCEDURES FOR ADOPTING A COMPREHENSIVE STATE WATER PLAN.
(1) Prior to the adoption of the comprehensive state water plan or any
component of the comprehensive plan, the board shall conduct hearings in the
manner provided in section 42-1734A, Idaho Code.
    (2)  In the preparation, adoption, and implementation of the comprehensive
state water plan, the board shall encourage the cooperation, participation,
and assistance of state agencies. The board also shall solicit economic,
energy, environmental, and other technical studies and recommendations from
state agencies with particular expertise. All agencies of the state of Idaho
shall cooperate with the board by providing requested existing information and
studies pertaining in any manner to any matters which are the subject of this
act. The board shall have discretion to balance all factors relevant to the
formulation, adoption and implementation of the comprehensive state water plan
and implementation and the designation of protected rivers.
    (3)  Any state agency may petition the board to amend the comprehensive
state water plan. The board shall review any petition filed pursuant to this
section within six (6) months after it is filed and shall either commence
action to amend the comprehensive plan or set forth its reasons for denying
the request in writing.
    (4)  All state agencies shall exercise their duties in a manner consistent
with the comprehensive state water plan. These duties include but are not
limited to the issuance of permits, licenses, and certifications; provided,
however, that nothing in this chapter shall be construed to affect the
authority of any state agency with respect to activities not prohibited by the
comprehensive state water plan. The designation of a waterway as a natural or
recreation river shall not preclude the department of health and welfare from
establishing water quality standards for such waterway.
    (5)  When a comprehensive state water plan is adopted, copies thereof
shall be filed in the office of the governor and director of the department of
water resources, and published and distributed generally.
    (6)  The comprehensive state water plan and any component thereof
developed for a particular waterway or waterways is subject to review and
amendment by the legislature of the state of Idaho by law at the regular
session immediately following the board's adoption of the comprehensive state
water plan or component thereof. The board shall submit all subsequent
modifications to the legislature in the same manner as provided in this
subsection.
    (7)  The board shall review and reevaluate Part A of the comprehensive
state water plan, or any one (1) or more of the component water plans
comprising Part B of the comprehensive state water plan, upon the adoption of
a concurrent resolution of the legislature directing the review or requesting
a specific amendment to the plan. The board also may undertake the review in
response to a petition for amendment filed pursuant to subsection (3) of this
section, or upon the board's own initiative, as determined necessary by the
board. Amendments to Part A or Part B of the comprehensive state water plan
shall be adopted in the same manner as the original plan.
    (8)  A protected river designated by the board shall not become a final
part of the comprehensive state water plan until approved by law. If the
legislature does not approve a protected river by law at the regular session
immediately following the board's designation of such protected river, then
the designation of such protected river shall terminate and any prohibition or
terms and conditions imposed on such protected river pursuant to subsection
(5) or (6) of section 42-1734A, Idaho Code, shall be terminated ten (10) days
following the end of the session. The failure to approve a protected river
shall not operate to invalidate a comprehensive plan or component thereof.
Nothing in this subsection shall prevent the legislature, however, from
approving such protected river and reinstituting or modifying such
prohibitions or terms and conditions in a subsequent session.
    (9)  After adoption of a comprehensive plan or component thereof, the
board shall administer the implementation of the plan.