Idaho Code
Idaho Code

Idaho Code § 47-701 (2026)

Reservation of mineral deposits to state — Terms defined. 

✓ current as of May 2026
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Reservation of mineral deposits to state — Terms defined. 

(1) The terms "mineral lands," "mineral," "mineral deposits," "deposit," and "mineral right," as used in this chapter, and amendments thereto shall be construed to mean and include all coal, oil, oil shale, gas, phosphate, sodium, asbestos, gold, silver, lead, zinc, copper, antimony, geothermal resources, salable minerals, and all other mineral lands, minerals or deposits of minerals of whatsoever kind or character.

(2)  Such deposits in lands belonging to the state are hereby reserved to the state and are reserved from sale except upon a rental and royalty basis and except when the surface estate is identified by the state board of land commissioners as having the potential highest and best use for development purposes, such as residential, commercial or industrial purposes. Except for the aforementioned purposes, the purchaser of all other state land shall acquire no right, title or interest in or to such deposits, and the right of such purchaser shall be subject to the reservation of all mineral deposits and to the conditions and limitations prescribed by law providing for the state and persons authorized by it to prospect for, mine, and remove such deposits and to occupy and use so much of the surface of said land as may be required for all purposes reasonably incident to the mining and removal of such deposits therefrom.
(3)  An exchange of state land consummated by the board under authority of section 58-138, Idaho Code, shall not be considered a sale of state lands. The transfers of mineral deposits heretofore made in such exchanges are hereby approved.
Notes of Decisions
Cited in 6 cases, 1969–2012 · leading case: Treasure Valley Concrete, Inc. v. State, 978 P.2d 233 (Idaho 1999).
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Treasure Valley Concrete, Inc. v. State, 978 P.2d 233 (Idaho 1999). · cites it 46× “The State, in answering each complaint, asserted that the mineral reservations in the respective instruments and deeds encompass sand, gravel, and pumice under I.C. § 47-701 of the Idaho Code as in effect at the time of the land transfers.”
Harris v. State Ex Rel. Kempthorne, 210 P.3d 86 (Idaho 2009). · cites it 13× “Earlier this year, however, the Idaho Supreme Court ruled that these minerals were not reserved under Idaho Code § 47-701 until 1986 and therefor [sic] the state did not own sand, gravel, basalt and pumice on former endowment lands sold prior to that date.”
Ehco Ranch, Inc. v. State Ex Rel. Evans, 693 P.2d 454 (Idaho 1984). · cites it 4× “All persons are charged with knowledge of the law and the purchaser was in contemplation of law appraised by the 1923 enactment ( Idaho Code § 47-701 ), the 1925 amendment, and the 1933 reinstatement clauses of the necessary reservation of mineral rights in case of cancellation…”
Ida-Therm, LLC v. Bedrock Geothermal, LLC, 293 P.3d 630 (Idaho 2012). · cites it 2× “§ 42-4002(c) ("Geothermal resources are found and hereby declared to be sui generis, being neither a mineral resource nor a water resource ____”), with I.C. § 47-701(1), which pertains to minerals located on state-owned lands (“The terms .”
State, Dep't of Fin. v. Resource Serv. Co., 1 P.3d 783 (Idaho 2000). · cites it 4× “Treasure Valley also presented a question of first impression before this Court and though it was ultimately held that these substances did not constitute “minerals” and were not reserved by the state until after the 1986 amendment to I.”
Allen v. Smylie, 452 P.2d 343 (Idaho 1969). · cites it 2× “” I.C. § 47-701 specifically reserves to the state all mineral deposits on state lands until che rights to such deposits are specifically sold or leased.”
— Idaho Code § 47-701(1) — 1 case
Ida-Therm, LLC v. Bedrock Geothermal, LLC, 293 P.3d 630 (Idaho 2012). “§ 42-4002(c) ("Geothermal resources are found and hereby declared to be sui generis, being neither a mineral resource nor a water resource ____”), with I.C. § 47-701(1), which pertains to minerals located on state-owned lands (“The terms .”
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