TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 43

PRESERVATION OF CERTAIN LAKES AS HEALTH RESORTS AND RECREATION PLACES

67-4308.   niagara Springs — Appropriation of waters in trust for people. The park and recreation board is hereby authorized and directed to appropriate in trust for the people of the state of Idaho the unappropriated natural spring flow arising upon the area described as follows, to-wit:

That portion of lot one (1), of section ten (10), and lot three (3), of section eleven (11), township nine (9) south, range fifteen (15) east of the Boise Meridian, which is locally known as the Niagara Springs and limited to that portion of Niagara Springs upstream from the present existing diversions to the headwaters of the springs.

The preservation of water in the area described for its scenic beauty and recreational purposes necessary and desirable for all citizens of the state of Idaho is hereby declared to be a beneficial use of such water.

No fee shall be required in connection with said appropriation by the park and recreation board or the permit issued in connection therewith, but license shall issue at any time upon proof of beneficial use to which said waters are now dedicated.

The park and recreation board, or its successor, shall be deemed to be the holder of such permit, in trust for the people of the state, and the public use of the waters in the specific area herein described is declared to be of greater priority than any other use except that of domestic consumption.

History:

[67-4308, added 1971, ch. 207, sec. 2, p. 912; am. 1974, ch. 8, sec. 13, p. 35; am. 2015, ch. 244, sec. 55, p. 1036.]