TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 15

MINIMUM STREAM FLOW

42-1502.  Definitions. Whenever used in this act, the terms:

(a)  "Appropriate" or "appropriation" mean [means] the identification of a beneficial use and place of in-stream use of the waters of a stream. It shall not be construed to require any kind of physical structure or physical diversion from the stream;

(b)  "Board" means the Idaho water resource board;

(c)  "Department" means the Idaho department of water resources;

(d)  "Director" means the director of the Idaho department of water resources;

(e)  "Stream" means any lake, spring, creek, stream, river or other natural body of standing or moving water which is subject to appropriation under the laws of the state of Idaho;

(f)  "Minimum stream flow" means the minimum flow of water in cubic feet per second of time or minimum lake level in feet above mean sea level required to protect the fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, navigation, transportation, or water quality of a stream in the public interest;

(g)  "Unappropriated water" means water which is not subject to diversion and use under any prior existing water right established by diversion and application to a beneficial use or by application, permit or license on file or issued by the director under the provisions of chapter 2, title 42, Idaho Code, with a priority of water right date earlier than an application for appropriation of minimum stream flow filed under the provisions of this act.

History:

[42-1502, added 1978, ch. 345, sec. 11, p. 892.]