Idaho Code
Idaho Code

Idaho Code § 42-3801 (2026)

Legislative intent — Stream channels — Alteration. 

✓ current as of May 2026
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Legislative intent — Stream channels — Alteration. 

The legislature of the state of Idaho hereby declares that the public health, safety and welfare requires that the stream channels of the state and their environments be protected against alteration for the protection of fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, and water quality. No alteration of any stream channel shall hereafter be made unless approval therefor has been given as provided in this act.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1975–2024 · leading case: Higginson v. Westergard, 604 P.2d 51 (Idaho 1979).
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Higginson v. Westergard, 604 P.2d 51 (Idaho 1979). · cites it 2× “The department contends that there are three issues on appeal: (1) whether Westergard was in violation of his stream channel permit; (2) whether the record contains sufficient evidence to support the district court’s findings of fact and conclusions of law; and (3) assuming that…”
Randall v. Ganz, 537 P.2d 65 (Idaho 1975). · cites it 3× “…of any stream channel shall hereafter be made unless approval therefor has been given as provided in this act.” I.C. § 42-3801.”
Ritter v. Standal, 566 P.2d 769 (Idaho 1977). · cites it 2× “This act regulates alterations of all streams and channels of this state, including navigable streams and channels, and puts the primary responsibility for administration of the act in the Department of Water Resources.”
Hastings v. IDWR (Idaho 2024). · cites it 3× “” I.C. § 42-3801. Under Idaho Code section 42-3809, the Director of the Department is “vested with the power and authority to enforce the provisions of this chapter and rules and regulations promulgated pursuant to it.”
Idaho Conservation League v. Poe (D. Idaho 2019). · cites it 2× “1) (citing I.C. § 42-3801, et seq.). The IDWR’s mining instructions notify dredgers of the need to obtain an NPDES permit through the EPA.”
Ritter v. Standal, 586 P.2d 1058 (Idaho 1978). · cites it 2× “See I.C. §§ 42-3801, -3803. On August 25, 1978, the Department of Water Resources issued the permit.”
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