2010 Idaho Code
TITLE 58 PUBLIC LANDS
CHAPTER 12 PUBLIC TRUST DOCTRINE
58-1202 DEFINITIONS.
PUBLIC LANDS
CHAPTER 12
PUBLIC TRUST DOCTRINE
58-1202. Definitions. For the purposes of this chapter, the following definitions apply:
(1) "Beds of navigable waters" means those lands lying under or below the "natural or ordinary high water mark" of navigable waters.
(2) "Natural or ordinary high water mark" means the line that water impresses on the soil by covering it for sufficient periods to deprive the soil of its vegetation and destroy its value for agricultural purposes. When the soil, configuration of the surface, or vegetation has been altered by man’s activity, the natural or ordinary high water mark shall be located where it would have been if no alteration had occurred.
(3) "Navigable waters" means those waters that were susceptible to being used, in their ordinary condition, as highways for commerce on the date of statehood, under the federal test of navigability.
(4) "Private property rights" means the property rights located above the beds of navigable waters.
(5) "Public trust doctrine" means the common law rule relating to the title to the beds of navigable waters adopted by inference in section 73-116, Idaho Code.
Disclaimer: These codes may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
