Idaho Code
Idaho Code § 67-4301 (2026)
Big Payette Lake — Appropriation of waters in trust for people.
✓ current as of May 2026
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Big Payette Lake — Appropriation of waters in trust for people.
The governor is hereby authorized and directed to appropriate in trust for the people of the state of Idaho all the unappropriated water of Big Payette Lake, or so much thereof as may be necessary to preserve said lake in its present condition. The preservation of said water in said lake for scenic beauty, health and recreation purposes necessary and desirable for all the inhabitants of the state is hereby declared to be a beneficial use of such water.
No fee shall be required in connection with said appropriation by the governor or the permit issued in connection therewith, and no proof of completion of any works of diversion shall be required, but license shall issue at any time upon proof of beneficial use to which said waters are now devoted.
Each succeeding governor in office shall be deemed to be a holder of such permit, in trust for the people of the state.
Notes of Decisions
Cited in 4
cases, 1974–2011 · leading case: State, Dept. of Parks v. Idaho Dept, Water Admin., 530 P.2d 924 (Idaho 1974).
State, Dept. of Parks v. Idaho Dept, Water Admin., 530 P.2d 924 (Idaho 1974). “This supports the legislative determination that non-consumptive appropriations of water in natural waterways for scenic and recreational purposes, among others, can, under proper circumstances, be a beneficial use; this follows precedents such as similar appropriations by the…”
Clear Springs Foods, Inc. v. Spackman, 252 P.3d 71 (Idaho 2011). ““Material injury” is defined by the Conjunctive Management Rules as “[hjindranee to or impact upon the exercise of a water right caused by the use of water by another person as determined in accordance with Idaho Law, as set forth in Rule 42.”
State v. United States, 996 P.2d 806 (Idaho 2000). “§ 67-4304 (1927 statute authorizing similar measure for the unappropriated waters of Priest, Pend Oreille, and Coeur d'Alene Lakes).”
State v. United States, 996 P.2d 806 (Idaho 2000). “”); I.C. § 67-4301 (“No fee shall be required in connection with said appropriation by the governor or the permit issued in connection therewith, and no proof of completion of any works of diversion shall be required, but license shall issue at any time upon proof of beneficial…”
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