2005 Idaho Code - 47-708 — RIGHTS AND LIABILITIES OF LESSEES

                                  TITLE  47
                               MINES AND MINING
                                  CHAPTER 7
                        MINERAL RIGHTS IN STATE LANDS
    47-708.  RIGHTS AND LIABILITIES OF LESSEES. A lessee of valuable mineral
deposits shall have the right at all times to enter upon the lands described
in his lease for prospecting and mining, provided he shall not injure, damage,
or destroy the improvements of the surface owner; and the lessee shall be
liable to and shall compensate such owner for all damages to the surface of
said land and improvements thereon.
    Any such lessee may occupy so much of the surface of said land as may be
required for all purposes reasonably incident to the mining and removal of the
mineral deposits: first, upon securing the written consent or waiver of the
surface owner; or, second, upon payment of the damages to the surface of said
land and improvements thereon to the owner thereof where agreement may be had
as to the amount thereof; or, third, in lieu of either of the foregoing
provisions, upon the execution of a good and sufficient bond, or undertaking,
to the state of Idaho, for the use and benefit of the owner of the land to
secure the payment of such damages, as may be determined and fixed in an
action brought upon the bond or undertaking in a court of competent
jurisdiction against the principal and sureties thereon, such bond or
undertaking to be in the form prescribed by and in accordance with the rules
and regulations of the board and to be filed with and approved by the board.
    Lessees of mineral lands shall fully protect the rights of all
agricultural and grazing leases which have been heretofore, or may be
hereafter granted, by erecting and keeping closed gates in all fences which
may be opened, and inclosing or keeping covered all shafts, holes or open
cuts.