Idaho Administrative Code
Title IDAPA 20 - Lands, Department of
Rule 20.03.09 - EASEMENTS ON STATE-OWNED NAVIGABLE WATERWAYS
Section 20.03.09.010 - DEFINITIONS
Current through August 31, 2023
01. Board. The Idaho State Board of Land Commissioners or its designee. (3-18-22)
02. Dam. Any artificial barrier placed across a navigable river or stream. (3-18-22)
03. Department. The Idaho Department of Lands. (3-18-22)
04. Director. The Director of the Idaho Department of Lands or his designee. (3-18-22)
05. Easement. A non-possessory interest in land for a specific purpose including rights of way. Such interest may be limited to a specific timeframe. (3-18-22)
06. Grantee. The party to whom the easement is granted and their assigns and successors-in-interest. (3-18-22)
07. Grantor. The State of Idaho and its assigns and successors-in-interest (3-18-22)
08. Hydroelectric Facilities. The dam, diversion, penstock, transmission lines, water storage area, powerhouse and other facilities related to generating electric energy from water power. (3-18-22)
09. Market Value. The most probable price at a specified date, in cash, or on terms reasonably equivalent to cash, that the property should bring in a competitive and open market under all conditions requisite to an arm's-length sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. (3-18-22)
10. Natural or Ordinary High Water Mark. The line that the water impresses upon the soil by covering it for sufficient periods of time to deprive the soil of its vegetation and destroy its value for agricultural purposes. When the soil, configuration of the surface, or vegetation has been altered by human activity, the natural or ordinary high water mark will be located where it would have been if this alteration had not occurred. (3-18-22)
11. Person. An individual, corporation, partnership, limited liability company, association, trust, unincorporated organization or other legal entity qualified to do business in the state of Idaho, and any federal, state, county, or local unit of government. (3-18-22)
12. State-Owned Navigable Waterways and Navigable Waterways. As used in these rules, the beds of all navigable waterways up to the natural or ordinary high water mark as of the date Idaho was admitted into statehood. This includes any such bed that was formerly submerged and subsequently filled, and is now uplands because of human activity (e.g., dikes, berms, jetties) or by natural processes, and includes islands within navigable waterways resulting from human activity or by natural processes. (3-18-22)
13. Temporary Permit. A revocable instrument authorizing a specific use on navigable waterways usually issued for five (5) years or less, but that may be issued for up to ten (10) years. (3-18-22)
14. Uplands. The land bordering on navigable waterways. (3-18-22)
