Idaho Administrative Code
Title IDAPA 20 - Lands, Department of
Rule 20.03.09 - EASEMENTS ON STATE-OWNED NAVIGABLE WATERWAYS
Section 20.03.09.070 - PROCEDURE
Current through August 31, 2023
01. Application. An easement application submitted to the Department must contain: (3-18-22)
02. Engineer Certification. All maps, plans, and field notes attached to an application for rights-of-way for ditches and reservoirs governed by Section 58-601, Idaho Code, must be certified by the engineer under whose direction such surveys or plans were made and filed with the Department and the Idaho Department of Water Resources. (3-18-22)
03. Decision on Application. Upon proper application and payment of the fees, appraisal costs, and supplemental compensation required pursuant to these rules, the Director may, after appropriate review and consideration of the facts and the law, grant an easement encumbering navigable waterways for any public or private purpose. The Director may deny an application for easement upon a finding that issuance would not be consistent with law or these rules. Such denial or approval will be in writing within six (6) months of the receipt of a complete application. (3-18-22)
04. Director's Decision. The Director may grant and renew easements in all cases except when the compensation will exceed twenty-five thousand dollars ($25,000), exclusive of the payment for any damage or impairment of rights to the remainder of the property. (3-18-22)
05. Board Decision. Easement applications where compensation exceeds twenty-five thousand dollars ($25,000), or that are of a complex and unusual nature as determined by the Director, will be presented to the Board for appropriate action. (3-18-22)
06. Notification. If the application is approved, the applicant will be notified in writing of the amount due to the Department. If the application is denied, the applicant will be notified in writing of the reasons for the denial. (3-18-22)
