Print Friendly HOUSE BILL NO. 639 – Navigable lakes, encroachments
HOUSE BILL NO. 639
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H0639.........................................by RESOURCES AND CONSERVATION
NAVIGABLE LAKES - Amends existing law relating to navigational and
nonnavigational encroachments; and to revise a definition.
02/10 House intro - 1st rdg - to printing
02/13 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 - 64-0-6
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Deal, Edmunson, Ellsworth, Field(18),
Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp,
Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague,
Miller, Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
Ring, Ringo, 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 -- Bedke, Crow, Denney, Eskridge, Moyle, Roberts
Floor Sponsor - Raybould
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 - Williams
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 111
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 639
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-
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, including
10 man-made reservoirs, not privately owned and not a mere marsh or stream eddy,
11 and capable of accommodating boats or canoes. and includes man-made reservoirs
12 except This definition does not include man-made reservoirs where the juris-
13 diction thereof is asserted and exclusively assumed by a federal agency.
14 (b) "Beds of navigable lakes" means the lands lying under or below the
15 "natural or ordinary high water mark" of a navigable lake and, for purposes of
16 this act only, the lands lying between the natural or ordinary high water mark
17 and the artificial high water mark, if there be one.
18 (c) "Natural or ordinary high water mark" means the high water elevation
19 in a lake over a period of years, uninfluenced by man-made dams or works, at
20 which elevation the water impresses a line on the soil by covering it for suf-
21 ficient periods to deprive the soil of its vegetation and destroy its value
22 for agricultural purposes.
23 (d) "Artificial high water mark" means the high water elevation above the
24 natural or ordinary high water mark resulting from construction of man-made
25 dams or control works and impressing a new and higher vegetation line.
26 (e) "Low water mark" means that line or elevation on the bed of the lake
27 marked or located by the average low water elevations over a period of years
28 and marks the point to which the riparian rights of adjoining landowners
29 extend as a matter of right, in aid of their right to use the waters of the
30 lake for purposes of navigation.
31 (f) "Riparian or littoral rights" means only the rights of owners or les-
32 sees of land adjacent to navigable waters of the lake to maintain their
33 adjacency to the lake and to make use of their rights as riparian or littoral
34 owners or lessees in building or using aids to navigation but does not include
35 any right to make any consumptive use of the waters of the lake.
36 (g) "Line of navigability" means a line located at such distance below
37 the low water mark as will afford sufficient draft for water craft customarily
38 in use on that particular lake.
39 (h) "Encroachments in aid of navigation" means and includes docks, piers,
40 floats, pilings, breakwaters, boat ramps, channels or basins, and other such
41 aids to the navigability of the lake, on, in or above the beds or waters of a
42 navigable lake. The term "encroachments in aid of navigation" may be used
43 interchangeably herein with the term "navigational encroachments."
1 (i) "Encroachments not in aid of navigation" means and includes all other
2 encroachments on, in or above the beds or waters of a navigable lake, includ-
3 ing landfills or other structures not constructed primarily for use in aid of
4 the navigability of the lake. The term "encroachments not in aid of naviga-
5 tion" may be used interchangeably herein with the term "nonnavigational
7 (j) "Board" means the board of land commissioners of the state of Idaho
8 or its authorized representative.
9 (k) "Plans" means maps, sketches, engineering drawings, aerial and other
10 photographs, word descriptions, and specifications sufficient to describe the
11 extent, nature and approximate location of the proposed encroachment and the
12 proposed method of accomplishing the same.
STATEMENT OF PURPOSE
This legislation amends Idaho Code Section 58-1302 to clarify the
definition of "Navigable Lake" to ensure that privately owned,
man-made reservoirs are not considered a "Navigable Lake."
No fiscal impact.
Name: George Bacon, Lands, Dept of
Phone: (208) 334-0200
STATEMENT OF PURPOSE/FISCAL NOTE H 639