Idaho State Statutes - Idaho Attorney Directory

WELL NOT CONTROLLED A COMMON NUISANCE -- APPROVAL OF DIRECTOR --
RESERVOIRED WATER -- MAINTENANCE OF ARTESIAN WELLS. (1) Any person owning or
controlling a flowing artesian well, which is not capped, equipped or
furnished with such mechanical appliance as will readily control the flow of
water from such well, shall be guilty of a misdemeanor and such well is hereby
declared to be a common nuisance; and any person owning or controlling a
flowing artesian well, which is capped, equipped or furnished with a
mechanical appliance for arresting and preventing the flow of water therefrom,
which cap, equipment or mechanical appliance is of a type that has not been
approved by the director of the department of water resources, shall be guilty
of a misdemeanor and such well is hereby declared to be a common nuisance:
provided, however, that in cases where the waters of artesian wells are
reservoired and controlled so that waste is not committed and a common
nuisance created and where the pressure of water in a reservoir automatically
causes wells to cease to flow, such mechanical contrivances may be dispensed
with by obtaining the consent of the director of the department of water
resources.
(2) Any person owning or controlling an artesian well shall maintain the
well to prevent waste or contamination of ground waters through leaky casings,
pipes, fittings, valves, pumps, seals or through leakage around the outside of
the casings, whether the leakage is above or below the land surface.
(3) The owner of the land on which the well is located shall be deemed to
own the well unless a deed, covenant, contract, easement, or other
documentation acceptable to the director is available to demonstrate that the
well is owned by another.
(4) If a ground water management district created pursuant to chapter 51,
title 42, Idaho Code, has adopted and is implementing a plan for the repair of
leaking artesian wells acceptable to the director of the department of water
resources, then the director of the department of water resources will not
take any administrative or judicial action to require repair of a well within
the ground water management district if the person owning the well is an
active participant in the ground water management district.

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