2005 Idaho Code - 58-1302 — ENCROACHMENT ON NAVIGABLE LAKES -- DEFINITIONS

                                  TITLE  58
                                 PUBLIC LANDS
                                  CHAPTER 13
                         [NAVIGATIONAL ENCROACHMENTS]
    58-1302.  ENCROACHMENT ON NAVIGABLE LAKES -- DEFINITIONS. (a) "Navigable
lake" means any permanent body of relatively still or slack water, including
man-made reservoirs, not privately owned and not a mere marsh or stream eddy,
and capable of accommodating boats or canoes. This definition does not include
man-made reservoirs where the jurisdiction thereof is asserted and exclusively
assumed by a federal agency.
    (b)  "Beds of navigable lakes" means the lands lying under or below the
"natural or ordinary high water mark" of a navigable lake and, for purposes of
this act only, the lands lying between the natural or ordinary high water mark
and the artificial high water mark, if there be one.
    (c)  "Natural or ordinary high water mark" means the high water elevation
in a lake over a period of years, uninfluenced by man-made dams or works, at
which elevation the water impresses a line on the soil by covering it for
sufficient periods to deprive the soil of its vegetation and destroy its value
for agricultural purposes.
    (d)  "Artificial high water mark" means the high water elevation above the
natural or ordinary high water mark resulting from construction of man-made
dams or control works and impressing a new and higher vegetation line.
    (e)  "Low water mark" means that line or elevation on the bed of the lake
marked or located by the average low water elevations over a period of years
and marks the point to which the riparian rights of adjoining landowners
extend as a matter of right, in aid of their right to use the waters of the
lake for purposes of navigation.
    (f)  "Riparian or littoral rights" means only the rights of owners or
lessees of land adjacent to navigable waters of the lake to maintain their
adjacency to the lake and to make use of their rights as riparian or littoral
owners or lessees in building or using aids to navigation but does not include
any right to make any consumptive use of the waters of the lake.
    (g)  "Line of navigability" means a line located at such distance
waterward of the low water mark established by the length of existing legally
permitted encroachments, water depths waterward of the low water mark, and by
other relevant criteria determined by the board when a line has not already
been established for the body of water in question.
    (h)  "Encroachments in aid of navigation" means and includes docks, piers,
floats, pilings, breakwaters, boat ramps, channels or basins, and other such
aids to the navigability of the lake, on, in or above the beds or waters of a
navigable lake. The term "encroachments in aid of navigation" may be used
interchangeably herein with the term "navigational encroachments."
    (i)  "Encroachments not in aid of navigation" means and includes all other
encroachments on, in or above the beds or waters of a navigable lake,
including landfills or other structures not constructed primarily for use in
aid of the navigability of the lake. The term "encroachments not in aid of
navigation" may be used interchangeably herein with the term "nonnavigational
encroachments."
    (j)  "Board" means the board of land commissioners of the state of Idaho
or its authorized representative.
    (k)  "Plans" means maps, sketches, engineering drawings, aerial and other
photographs, word descriptions, and specifications sufficient to describe the
extent, nature and approximate location of the proposed encroachment and the
proposed method of accomplishing the same.