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John Crossman

(IDWR) Idaho Department of Water Resources

Hey, something I found interesting. I received a call from the director of IDWR after waiting about a week and I asked him to explain to me where this "dredging permit" superceedes the mining law he said it is not a water use permit it was a "stream alteration permit" which superceedes the mining law. I then asked to see a copy of this regulation or law and he did not have one. I am completely confused, he said that they call it a "dredge permit"  to make it simple for people to understand, I guess we all aren't real smart or it makes them feel better about them screwing us out of our ability to mine.

Just trying to get a straight answer thats not flooded with a bunch of bull#$%t no pun intended, ha.
lastchancelarry

way to go john..keep us posted
Glindberg

Found this under the IDWR stream alteration dealing with water rights.

CHAPTER 38
ALTERATION OF CHANNELS OF STREAMS
42-3806. Existing rights unaffected -- Where permit not required. This act shall not operate or be so construed as to impair, diminish, control or divest any existing or vested water rights acquired under the laws of the state of Idaho or the United States, nor to interfere with the diversion of water from streams under existing or vested water right or water right permit for irrigation, domestic, commercial or other uses as recognized and provided for by Idaho water laws.
No permit shall be required by the state or any agency or political subdivision thereof, from a water user or his agent to clean, maintain, construct in, or repair any stream channel, diversion structure, canal, ditch, drain or lateral. No permit shall be required by the state or any agency or political subdivision thereof, from a water user or his agent to remove any obstruction from any stream channel, if such obstruction interferes with, or is likely to interfere with, the delivery of, or use of, water under any existing or vested water right, or water right permit.
Nothing in this section shall be construed to affect the provisions of chapter 10, title 46, Idaho Code, or to exempt a water user or his agent from compliance with any applicable local flood plain ordinance adopted pursuant to section 46-1022, Idaho Code.

Here is Sect 9 of 1866 Act:
SEC. 9. And be it further enacted, That whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes aforesaid is hereby acknowledged and confirmed: Provided, however, That whenever, after the passage of this act, any person or persons shall, in the construction of any ditch or canal, injure or damage the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.

Gary
Glindberg

Also we discussed water rights w/ regard to states in classwork 2.

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