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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 525
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO NAVIGATIONAL AND NONNAVIGATIONAL ENCROACHMENTS; AMENDING SECTION
3 58-1302, IDAHO CODE, TO REVISE A DEFINITION AND TO MAKE TECHNICAL CORREC-
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
2
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
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.
CONTACT
Name: Denise Mills
Agency: Lands, Dept of
Phone: 208-334-0200
STATEMENT OF PURPOSE/FISCAL NOTE H 525