US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 31
                           FLOOD CONTROL DISTRICTS
    42-3119.  TITLE TO AND SALE OF WATERS -- DISPOSITION OF AGGREGATE. (1) The
commissioners of any flood control district may in the manner provided by law
obtain title to any unappropriated waters which said district has developed,
conserved, or stored and said commissioners may sell, dispose, or use said
waters within or without the said district in any manner which the
commissioners shall decide is of the greatest advantage to the district. The
powers herein granted to the commissioners shall not be denied them by reason
of contrary provisions of any other statute, except that the district may not
obtain title to any waters previously appropriated.
    (2)  If in the operation of the works of the flood control district or in
the removal of natural obstructions from the beds of navigable lakes, rivers,
and streams between the ordinary high water marks, the district acquires rock,
sand or gravel aggregates, the district may dispose of such aggregate not
needed for district purposes through commercial sales or by donation to public
agencies. District purposes as used in this section shall include construction
or reconstruction of dikes, levees, and related access facilities. If sold
through commercial sales or used for nonflood control related improvements on
private land, the fees required by chapter 7, title 47, Idaho Code, shall
apply and shall be paid to the state board of land commissioners. If the
aggregate is donated to any public agency for use by that public agency, no
fees shall be imposed or collected.
    (3)  As used in this section, public agency means a state agency, county,
municipality, or highway district.