Idaho State Statutes - Idaho Attorney Directory

FISHWAYS IN DAMS -- SCREENS IN DIVERSIONS -- REMOVAL OF UNUSED
DAMS -- PENALTY. (a) Fishways Required. No person shall construct or maintain
a dam or other obstruction which restricts the free and uninterrupted passage
of fish in any stream in this state without a proper fishway therein. Such
fishway shall be installed and maintained at the owner's expense and shall be
of a sufficient kind and capacity as to accommodate seasonal movements of fish
up and down the stream. Said fishway shall be constructed according to plans
and specifications approved by the director and such plans shall be
incorporated into the overall design of said dam prior to the start of
construction. The director, upon request, shall furnish design criteria for
such fishway construction.
(b) Screening of Diverted Waters. No person shall operate any mill,
factory, power plant or other manufacturing concern run by water power and
having either a head or tail race, or for any person to maintain and operate
any ditch, flume, canal or other water conduit receiving or taking water from
any stream or lake in this state without first installing and maintaining a
suitable screen or other device to prevent fish from entering therein; said
screens shall be installed and maintained in a manner and to such
specifications and at such locations as may be required by the director and at
the expense of the owner or operator of such diversion.
(c) Notification of Need -- Screens or Fishways. When a need is found for
screens or fishways in planned or existing diversions, dams or obstructions,
the director shall order in writing the construction and installation of such
screens or fishways. Said order shall specify the type, design and location of
said screen or fishway and the time within which said screen or fishway must
be installed. Said time shall not be less than thirty (30) days nor more than
six (6) months from the date of service of said order.
(d) Removal of Existing Structures -- Removal of Abandoned Structures.
When it is found that dams or other obstructions which have been placed in the
rivers or streams of this state have been abandoned or are not serving any
useful purpose and it appears the same are detrimental to the fishery
resource, the director may cause the removal of same in such manner as he may
see fit.

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