Idaho State Statutes - Idaho Attorney Directory

In conformity with the
limitations of actions time period set forth in sections 5-203 through 5-206,
Idaho Code, the owner of a dam shall be deemed to have obtained a nonexclusive
prescriptive overflow easement over real property which has been inundated or
overflowed by the operations of the dam for at least a part of a year for any
consecutive five (5) year period prior to commencement of an action by the
property owner seeking relief inconsistent with such nonexclusive prescriptive
overflow easement. Said dam owner shall be deemed to have not forfeited said
nonexclusive prescriptive overflow easement if the reason for the failure to
exercise the easement is a lack of water caused by drought or acts of God.
It is further provided that if a dam has inundated or overflowed real
property for at least a part of a year for the five (5) consecutive years
prior to the enactment of this section, then the owner of the dam shall be
deemed to have obtained a nonexclusive prescriptive overflow easement
hereunder over said real property one (1) year after the enactment of this
section, provided, no action seeking relief inconsistent with such
nonexclusive prescriptive overflow easement has been commenced by the property
owner within one (1) year of the enactment of this section. The provisions of
this section shall not be construed to affect the riparian and littoral rights
of property owners to have access to and use of waters in this state, or to
restrict any use of the underlying property for any purpose otherwise
consistent with ownership thereof, even if said use interferes with the
storage of water on the property. Nothing herein shall be deemed to affect any
prescriptive overflow easement that any dam owner may have previously acquired
under common law. The provisions of this section shall not be construed to
apply to the beds of navigable waters lying below the natural or ordinary high
watermark as defined in subsection (c) of section 58-1302, Idaho Code, and
subsection (9) of section 58-104, Idaho Code, or any other lands owned by the
state of Idaho.

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