Idaho § 42-1709 INSPECTION AND OVERSIGHT ON COMPLAINT OR DIRECTOR’S DETERMINATION

Idaho Statutes

§ 42-1709 — INSPECTION AND OVERSIGHT ON COMPLAINT OR DIRECTOR’S DETERMINATION

Idaho·Title 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION·Ch. 17 DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD

(1)If any person or persons shall report in writing to the director that any dam, artificial barrier or embankment that stores or impounds water, except for those excluded in section 42-1711 (b)(1) through (4), Idaho Code, or mine tailings impoundment structure used for storing tailings slurry is unsafe and endangering life or property, then it shall be the duty of the director to inspect, or cause to be inspected, such dam, artificial barrier or embankment or mine tailings impoundment structure as soon as possible, and, if he considers it unsafe, to proceed as provided in this chapter.

(2)If the director determines that the failure of any artificial barrier or embankment that stores or impounds water, except for those excluded in section 42-1711 (b)(1) through (4), Idaho Code, would pos

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(1) If any person or persons shall report in writing to the director that any dam, artificial barrier or embankment that stores or impounds water, except for those excluded in section 42-1711 (b)(1) through (4), Idaho Code, or mine tailings impoundment structure used for storing tailings slurry is unsafe and endangering life or property, then it shall be the duty of the director to inspect, or cause to be inspected, such dam, artificial barrier or embankment or mine tailings impoundment structure as soon as possible, and, if he considers it unsafe, to proceed as provided in this chapter.
(2) If the director determines that the failure of any artificial barrier or embankment that stores or impounds water, except for those excluded in section 42-1711 (b)(1) through (4), Idaho Code, would pose a threat of direct loss of life or significant property damage, the director shall regularly inspect and regulate it as a dam as provided in this chapter.

Idaho § 42-1709 (INSPECTION AND OVERSIGHT ON COMPLAINT OR DIRECTOR’S DETERMINATION) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

[(42-1709) 1895, p. 215, sec. 11; reen. 1899, p. 282, sec. 10; reen. R.C., sec. 156; reen. C.L. 126:14; C.S., sec. 2991; I.C.A., sec. 41-1509; am. 1974, ch. 20, sec. 10, p. 533; am. 1978, ch. 309, sec. 1, p. 786; am. 2016, ch. 206, sec. 1, p. 578.]