US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 17
                       DEPARTMENT OF WATER RESOURCES --
                             WATER RESOURCE BOARD
    42-1734D.  DESIGNATION OF INTERIM PROTECTED RIVERS. (1) Prior to the
adoption of a comprehensive plan for a waterway, the board may designate a
waterway as an interim protected river.  Any state agency may petition the
board to designate a waterway as an interim protected river.  The board shall
promulgate procedural rules for designation of interim protected rivers. The
rules shall provide adequate notice to interested parties of any petitions
filed or actions contemplated pursuant to this act.
    (2)  The board shall determine whether the nominated waterway merits
designation as an interim protected river. The board shall accept or reject a
nomination within six (6) months after it is filed.  There shall be no review
of any board decision rejecting or accepting a nomination for an interim
protected river. Designation of a waterway as an interim protected river shall
be based upon a determination that:
    (a)  It is probable that the waterway would be designated a protected
    river in the comprehensive state water plan; and
    (b)  Interim protected river status is necessary to protect the values
    that would support such waterway's designation as a protected river in a
    comprehensive state water plan.
    (3)  In designating a waterway for interim protected river status, the
board shall indicate which of the activities listed in subsection 42-1734A(5),
Idaho Code, shall be prohibited.
    (4)  Interim protected river status shall remain in effect until the
earliest of:
    (a)  The adoption of a comprehensive state water plan for the waterway
    designated as an interim protected river;
    (b)  Two (2) years following the designation of an interim protected river
    unless extended by law;
    (c)  The revocation of a waterway's interim protected river status by law.
    (5)  Any person may petition the board for a determination that a
particular proposed action or project will not significantly impair the values
supporting a waterway's designation as an interim protected river. The board
shall consider among other things environmental impact statements, technical
studies and any other relevant comments or recommendations prepared by the
petitioner for use before other state or federal agencies. The board may also
consider any other relevant information. If the board determines that the
proposed action or project will not significantly impair the values supporting
a waterway's designation as a protected river, then this section shall not
apply to such action or project, except that the board, after consultation
with relevant state agencies, may impose appropriate conditions on such action
or project. An aggrieved party may seek judicial review of the board's
decision pursuant to chapter 52, title 67, Idaho Code.
    (6)  If a waterway is designated as an interim protected river, then the
board shall proceed to prepare a comprehensive state water plan for the
waterway.  The board shall in preparing the state comprehensive water plan for
the waterway consider, after review of all relevant factors contained in
section 42-1734A, Idaho Code, whether the designation should continue or
whether modification of the designation is warranted.
    (7)  If the designation of a waterway as an interim protected river is
either revoked by law, or terminated as provided in this section, then the
waterway shall not be eligible for designation as an interim protected river
for a period of two (2) years following the revocation or termination of its
interim protected river status.