TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 17

DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD

42-1734D.  Designation of interim protected rivers. (1) Prior to the adoption of a comprehensive plan for a waterway, the board may designate a waterway as an interim protected river. Any state agency may petition the board to designate a waterway as an interim protected river. The board shall promulgate procedural rules for designation of interim protected rivers. The rules shall provide adequate notice to interested parties of any petitions filed or actions contemplated pursuant to this act.

(2)  The board shall determine whether the nominated waterway merits designation as an interim protected river. The board shall accept or reject a nomination within six (6) months after it is filed. There shall be no review of any board decision rejecting or accepting a nomination for an interim protected river. Designation of a waterway as an interim protected river shall be based upon a determination that:

(a)  It is probable that the waterway would be designated a protected river in the comprehensive state water plan; and

(b)  Interim protected river status is necessary to protect the values that would support such waterway’s designation as a protected river in a comprehensive state water plan.

(3)  In designating a waterway for interim protected river status, the board shall indicate which of the activities listed in subsection 42-1734A(5), Idaho Code, shall be prohibited.

(4)  Interim protected river status shall remain in effect until the earliest of:

(a)  The adoption of a comprehensive state water plan for the waterway designated as an interim protected river;

(b)  Two (2) years following the designation of an interim protected river unless extended by law;

(c)  The revocation of a waterway’s interim protected river status by law.

(5)  Any person may petition the board for a determination that a particular proposed action or project will not significantly impair the values supporting a waterway’s designation as an interim protected river. The board shall consider among other things environmental impact statements, technical studies and any other relevant comments or recommendations prepared by the petitioner for use before other state or federal agencies. The board may also consider any other relevant information. If the board determines that the proposed action or project will not significantly impair the values supporting a waterway’s designation as a protected river, then this section shall not apply to such action or project, except that the board, after consultation with relevant state agencies, may impose appropriate conditions on such action or project. An aggrieved party may seek judicial review of the board’s decision pursuant to chapter 52, title 67, Idaho Code.

(6)  If a waterway is designated as an interim protected river, then the board shall proceed to prepare a comprehensive state water plan for the waterway. The board shall in preparing the state comprehensive water plan for the waterway consider, after review of all relevant factors contained in section 42-1734A, Idaho Code, whether the designation should continue or whether modification of the designation is warranted.

(7)  If the designation of a waterway as an interim protected river is either revoked by law, or terminated as provided in this section, then the waterway shall not be eligible for designation as an interim protected river for a period of two (2) years following the revocation or termination of its interim protected river status.

History:

[42-1734D, added 1988, ch. 370, sec. 5, p. 1099; am. 1993, ch. 216, sec. 37, p. 620.]