2006 Legislation
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HOUSE BILL NO. 525 – Lakes, navigable, encroachments


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Bill Status

H0525.........................................by RESOURCES AND CONSERVATION
ENCROACHMENTS - Amends existing law relating to navigational and
nonnavigational encroachments on navigable lakes to revise a definition.
02/01    House intro - 1st rdg - to printing
02/02    Rpt prt - to Res/Con
02/16    Rpt out - rec d/p - to 2nd rdg
02/17    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Kemp, Lake, LeFavour, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8),
      Shirley, Skippen, Smith(30), Smith(24), Smylie(Luker), Snodgrass,
      Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bradford, Loertscher
    Floor Sponsor - Roberts
    Title apvd - to Senate
02/23    Senate intro - 1st rdg - to Res/Env
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Brandt
    Title apvd - to House
03/17    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed - To Governor
03/22    Governor signed
         Session Law Chapter 134
         Effective: 07/01/06

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 525
  1                                        AN ACT
  4        TIONS.
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 58-1302, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  8        58-1302.  ENCROACHMENT  ON  NAVIGABLE LAKES -- DEFINITIONS. (a) "Navigable
  9    lake" means any permanent body of relatively still or slack  water,  not  pri-
 10    vately owned and not a mere marsh or stream eddy, and capable of accommodating
 11    boats or canoes and includes man-made reservoirs except where the jurisdiction
 12    thereof is asserted and exclusively assumed by a federal agency.
 13        (b)  "Beds  of  navigable  lakes" means the lands lying under or below the
 14    "natural or ordinary high water mark" of a navigable lake and, for purposes of
 15    this act only, the lands lying between the natural or ordinary high water mark
 16    and the artificial high water mark, if there be one.
 17        (c)  "Natural or ordinary high water mark" means the high water  elevation
 18    in  a  lake over a period of years, uninfluenced by man-made dams or works, at
 19    which elevation the water impresses a line on the soil by covering it for suf-
 20    ficient periods to deprive the soil of its vegetation and  destroy  its  value
 21    for agricultural purposes.
 22        (d)  "Artificial high water mark" means the high water elevation above the
 23    natural  or  ordinary  high water mark resulting from construction of man-made
 24    dams or control works and impressing a new and higher vegetation line.
 25        (e)  "Low water mark" means that line or elevation on the bed of the  lake
 26    marked  or  located by the average low water elevations over a period of years
 27    and marks the point to which  the  riparian  rights  of  adjoining  landowners
 28    extend  as  a  matter of right, in aid of their right to use the waters of the
 29    lake for purposes of navigation.
 30        (f)  "Riparian or littoral rights" means only the rights of owners or les-
 31    sees of land adjacent to navigable  waters  of  the  lake  to  maintain  their
 32    adjacency  to the lake and to make use of their rights as riparian or littoral
 33    owners or lessees in building or using aids to navigation but does not include
 34    any right to make any consumptive use of the waters of the lake.
 35        (g)  "Line of navigability" means a line located at  such  distance  below
 36    waterward  of  the  low  water  mark as will afford sufficient draft for water
 37    craft customarily in use on that particular lake established by the length  of
 38    existing  legally  permitted  encroachments, water depths waterward of the low
 39    water mark, and by other relevant criteria determined by the board when a line
 40    has not already been established for the body of water in question.
 41        (h)  "Encroachments in aid of navigation" means and includes docks, piers,
 42    floats, pilings, breakwaters, boat ramps, channels or basins, and  other  such
 43    aids  to the navigability of the lake, on, in or above the beds or waters of a
  1    navigable lake. The term "encroachments in aid  of  navigation"  may  be  used
  2    interchangeably herein with the term "navigational encroachments."
  3        (i)  "Encroachments not in aid of navigation" means and includes all other
  4    encroachments  on, in or above the beds or waters of a navigable lake, includ-
  5    ing landfills or other structures not constructed primarily for use in aid  of
  6    the  navigability  of  the lake. The term "encroachments not in aid of naviga-
  7    tion" may be  used  interchangeably  herein  with  the  term  "nonnavigational
  8    encroachments."
  9        (j)  "Board"  means  the board of land commissioners of the state of Idaho
 10    or its authorized representative.
 11        (k)  "Plans" means maps, sketches, engineering drawings, aerial and  other
 12    photographs,  word descriptions, and specifications sufficient to describe the
 13    extent, nature and approximate location of the proposed encroachment  and  the
 14    proposed method of accomplishing the same.

Statement of Purpose / Fiscal Impact

                     STATEMENT OF PURPOSE

                           RS 15337

This legislation amends Idaho Code Section 58-1302 to modify the 
definition of “line of navigability” to remove the concept of 
using “water craft customarily used on a particular lake” and 
add the concept of using the line established by the waterward 
extent of existing, legally permitted encroachments, water depth 
and lakebed characteristics, or other relevant criteria when no 
line of navigability has been established on the body of water 
in question.

                          FISCAL NOTE

No fiscal impact.

Name:	Denise Mills
Agency:	Lands, Dept of
Phone:	208-334-0200