Idaho Administrative Code
Title IDAPA 20 - Lands, Department of
Rule 20.03.09 - EASEMENTS ON STATE-OWNED NAVIGABLE WATERWAYS
Section 20.03.09.011 - POLICY

Universal Citation: ID Admin Code 20.03.09.011

Current through August 31, 2023

01. Regulation of the Beds of Navigable Waters. It is the policy of the State of Idaho to regulate and control the use or disposition of the beds of navigable waterways so as to provide for their commercial, navigational, recreational or other public use; provided, that the Board will take no action in derogation of or seeking to interfere with the riparian or littoral rights of upland land owners. (3-18-22)

a. These rules will not be construed as adversely affecting any valid easement or other right granted by the Department prior to May 23, 1984. (3-18-22)

b. The Board or Director will not grant an easement for any use, facility, or structure that would impair those uses of navigable waterways protected under the public trust doctrine. (3-18-22)

02. Exercise of State Title. The State of Idaho exercises its title over the beds of all lakes, rivers, and streams that are navigable in fact. Information about lakes, rivers, and streams deemed navigable by the State of Idaho is available from the Department. (3-18-22)

03. Stream Channel and Encroachment Permits. Issuance of an easement is contingent upon the applicant first obtaining a stream channel alteration permit if required by the Idaho Department of Water Resources, pursuant to Title 42, Chapter 38, Idaho Code, or a lake encroachment permit if required by the Department, pursuant to Title 58, Chapter 13, Idaho Code. (3-18-22)

04. Other Permits. Issuance of an easement does not relieve an applicant of acquiring other permits and licenses that are required by law. (3-18-22)

05. Existing Easements. These rules apply to existing easements on navigable waterways. However, it is not necessary for a person possessing a valid easement obtained on or after May 23, 1984 to file a new easement application if the location or use of the easement has not changed. (3-18-22)

06. Limitation on Easement Grant. An easement grants only such interest to the grantee as is specified within the document, including the legal right to occupy and use the navigable waterways for the specified purpose in the easement without interference by the grantor, except as otherwise provided by law. The legal right to use the navigable waterways for all other purposes not inconsistent with the grantee's interest remains with the grantor. (3-18-22)

07. Minimum Width. The minimum width of any easement granted is eight (8) feet. (3-18-22)

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