Idaho Code

Idaho Code § 36-907 (2026)

Open passage — Replacement by department — Maintenance by owner.

✓ current as of May 2026

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Open passage — Replacement by department — Maintenance by owner.

When it is determined that any existing or proposed dam or obstruction requires a fishway and none has been installed therein, the director shall keep the same open until said fishway is put therein by the owner. Where a fishway has heretofore been constructed and approved by the director and has proved useless or inadequate for such purpose, the director shall have authority to construct a new fishway and to pay the expense of such construction out of the fish and game fund. However, when such fishway is then properly functioning, it shall be maintained and replaced as required at the expense of the person owning the dam or other obstruction.

Notes of Decisions

Cited in 3 cases, 1974–1983 · leading case: Ritter v. Standal, 566 P.2d 769 (Idaho 1977).

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Ritter v. Standal, 566 P.2d 769 (Idaho 1977). · cites it 4× “At the time the fish farm was constructed and while these proceedings were in the district court, the statutory definition of navigability for purposes of fishing was found in I.C. § 36-907. 1 This section provided in pertinent part: *448 “36-907.”

S. Idaho Fish & Game Ass'n v. Picabo Livestock, Inc., 528 P.2d 1295 (Idaho 1974). · cites it 4× “" The trial court found that under the provisions of I.C. § 36-907, Silver Creek is a navigable stream as it is a stream on which logs or timber having a diameter in excess of six (6) inches can be floated to market or other place of use, and that under the provisions of I.”

Campion v. Simpson, 659 P.2d 766 (Idaho 1983). · cites it 2× “Idaho Code § 36-907 designates certain streams as navigable and sets out the test of navigability for all other streams as follows: ".”

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