TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 17

DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD

42-1711.  Definitions. Unless the context otherwise requires, the following definitions govern the construction of this chapter.

(a)  "Department" means the department of water resources.

(b)  "Dam" means any artificial barrier or embankment, together with appurtenant works, constructed for the purpose of storing water or that stores water, which is ten (10) feet or more in height from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the maximum water storage elevation, and has or will have an impounding capacity at maximum water storage elevation of fifty (50) acre-feet or more. The following are not included as regulated dams or are not considered dams for the purposes of sections 42-1710 through 42-1721, Idaho Code:

(1)  Barriers in a canal used to raise or lower water therein or divert water therefrom.

(2)  Fills or structures determined by the director to be designed primarily for highway or railroad traffic.

(3)  Fills, retaining dikes or structures less than twenty (20) feet in height, which are under jurisdiction of the department of environmental quality or the department of agriculture, determined by the director of the department of water resources to be designed primarily for retention or treatment of municipal, livestock, or domestic wastes, or sediment and wastes from produce washing or food processing plants.

(4)  Levees that store water regardless of storage capacity.

(c)  "Levee" means a retaining structure alongside a natural lake which has a length that is two hundred (200) times or more greater than its greatest height measured from the lowest elevation of the toe to the maximum crest elevation of the retaining structure.

(d)  "Reservoir" means any basin which contains or will contain the water impounded by a dam.

(e)  "Owner" includes any of the following who own, control, operate, maintain, manage, or propose to construct a dam, reservoir or mine tailings impoundment structure:

(1)  The state of Idaho and its departments, agencies, institutions and political subdivisions;

(2)  The United States of America and any of its departments, bureaus, agencies and institutions; provided that the United States of America shall not be required to pay any of the fees required by section 42-1713, Idaho Code, and shall submit plans, drawings and specifications as required by section 42-1712, Idaho Code, for information purposes only;

(3)  Every municipal or quasi-municipal corporation;

(4)  Every public utility;

(5)  Every person, firm, association, organization, partnership, business trust, corporation or company;

(6)  The duly authorized agents, lessees, or trustees of any of the foregoing; or

(7)  Receivers or trustees appointed by any court for any of the foregoing.

(f)  "Alterations," "repairs," or either of them, mean only such alterations or repairs as may directly affect the safety of the dam, reservoir or mine tailings impoundment structure, as determined by the department.

(g)  "Enlargement" means any change in or addition to an existing dam, reservoir or mine tailings impoundment structure, which raises or may raise the water storage elevation of the water impounded by the dam or mine tailings slurry impounded by the mine tailings impoundment structure.

(h)  "Maximum water storage elevation" means the maximum design elevation of water surface which can be impounded by the dam or reservoir.

(i)  "Storage capacity" means the total volume of storage at the maximum water storage elevation.

(j)  "Days" used in establishing deadlines means calendar days including Sundays and holidays.

(k)  "Certificate of approval" means a certificate issued by the director for all dams or mine tailings impoundment structures listing restrictions imposed by the director, and without which no new dams shall be allowed to impound water or mine tailings impoundment structures shall be allowed to impound mine tailings slurry.

(l)  "Mine tailings impoundment structure" means any artificial embankment which is or will be more than thirty (30) feet in height measured from the lowest elevation of the toe to the maximum crest elevation constructed for the purpose of storing mine tailings slurry.

(m)  "Lift construction" means mine tailings impoundment structure enlargement by raising the elevation of the structure on a continuous or recurring basis. Such practice will be considered under construction until the structure reaches its final crest elevation.

(n)  "Mine tailings impoundment elevation" means the maximum elevation of stored mine tailings which can be obtained by the impounding structure.

(o)  "Mine tailings slurry" means all slurry wastes from a mineral processing or mining operation.

(p)  "Mine tailings storage capacity" means the total storage volume of the impounding area when filled with tailings to the maximum designed storage elevation.

(q)  "Hazard" means the potential consequences to downstream life and property resulting from a dam failure and uncontrolled release of water, exclusive of the size or the physical condition of the dam or mine tailings impoundment structure. Hazard classifications shall be assigned to new and existing dams or mine tailings impoundment structures based on the severity of failure consequences to life and property.

(r)  "Professional engineer" means a person who has been duly licensed as a professional engineer by the Idaho board of licensure of professional engineers and professional land surveyors under chapter 12, title 54, Idaho Code.

(s)  "Artificial barrier or embankment" means any structure constructed to impede or obstruct the flow of water.

History:

[42-1711, added 1969, ch. 280, sec. 2, p. 833; am. 1970, ch. 73, sec. 1, p. 187; am. 1974, ch. 20, sec. 12, p. 533; am. 1978, ch. 309, sec. 3, p. 786; am. 1987, ch. 98, sec. 1, p. 192; am. 1988, ch. 308, sec. 1, p. 963; am. 2000, ch. 78, sec. 2, p. 164; am. 2001, ch. 103, sec. 81, p. 320; am. 2004, ch. 180, sec. 1, p. 564; am. 2016, ch. 206, sec. 2, p. 578.]