2005 Idaho Code - 42-1718 — REMEDIAL MEANS FOR PROTECTION OF LIFE AND PROPERTY

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 17
                       DEPARTMENT OF WATER RESOURCES --
                             WATER RESOURCE BOARD
    42-1718.  REMEDIAL MEANS FOR PROTECTION OF LIFE AND PROPERTY. The director
shall immediately employ any remedial means necessary to protect life and
property if either:
    (a)  The condition of any dam, reservoir or mine tailings impoundment
structure is so dangerous to the safety of life or property as not to permit
time for the issuance and enforcement of an order relative to maintenance or
operation.
    (b)  Passing or imminent floods threaten the safety of any dam, reservoir
or mine tailings impoundment structure.
    In applying the remedial means provided for in this act, the department
may in emergency do any of the following:
    (a)  Lower the water level by releasing water from the reservoir or lower
mine tailings slurry level by releasing slurry from the mine tailings
impoundment structure.
    (b)  Completely empty the reservoir.
    (c)  Take such other steps as may be essential to safeguard life and
property.
    The director shall continue in full charge and control of such dam or
reservoir, or both, or mine tailings impoundment structure, or all, and its
appurtenances, until they are rendered safe or the emergency occasioning the
action has ceased.
    If the cost of the emergency remedial action by the director for the
protection of life and property exceeds the amount of money appropriated from
the general fund specifically for that purpose, the additional costs may be
defrayed by the issuance of deficiency warrants as may be authorized by the
board of examiners. When so authorized, the state controller shall draw
deficiency warrants against the general fund.
    The cost and expenses of the remedial means provided in this act,
including cost of any work done to render a dam, reservoir or mine tailings
impoundment structure or its appurtenances safe, shall be recoverable by the
state from the owner. If not paid within sixty (60) days of invoice, action
may be brought by the director in the district court of the district wherein
the dam, reservoir or mine tailings impoundment structure or any part thereof
is situated. The funds recovered shall be returned to the general fund to
offset the amount of the deficiency warrant.
    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.