Idaho Code
Idaho Code

Idaho Code § 67-4304 (2026)

Priest, Pend Oreille, and Coeur d’Alene Lakes — Appropriation of waters in trust for people. 

✓ current as of May 2026
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Priest, Pend Oreille, and Coeur d’Alene Lakes — Appropriation of waters in trust for people. 

(1) The governor is hereby authorized and directed to appropriate in trust for the people of the state of Idaho all the unappropriated water of Priest, Pend Oreille and Coeur d’Alene Lakes or so much thereof as may be necessary to preserve said lakes in their present condition. The preservation of said water in said lakes for scenic beauty, health, recreation, transportation, and commercial purposes necessary and desirable for all the inhabitants of the state is hereby declared to be a beneficial use of such water.

(2)  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.
(3)  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 7 cases, 1973–2000 · leading case: Idaho v. Coeur D'Alene Tribe of Idaho, 521 U.S. 261 (1997).
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Idaho v. Coeur D'Alene Tribe of Idaho, 521 U.S. 261 (1997). · cites it 4× “The state officials who are the named defendants, all members of the Board of Land Commissioners save Director Higginson, include: Governor Cecil Andrus, who is Chairman of the Board and trustee of a public water right in Lake Coeur d'Alene pursuant to Idaho Code § 67-4304…”
Kootenai Env't All., Inc. v. Panhandle Yacht Club, Inc., 671 P.2d 1085 (Idaho 1983). · cites it 8× “— The governor is hereby authorized and directed to appropriate in trust for the people of the state of Idaho all the unappropriated water of Priest, Pend d'Oreille and Coeur d'Alene Lakes or so much thereof as may be necessary to preserve said lakes in their present condition.”
State, Dept. of Parks v. Idaho Dept, Water Admin., 530 P.2d 924 (Idaho 1974). · cites it 4× “§§ 67-4301 to 67-4303, and of Priest, Pend Orielle and Coeur d'Alene Lakes, I.C. §§ 67-4304 to 67-4306. Our sister states of Oregon, Texas and California have also provided by statute that water used for recreational purposes is beneficially applied, while New Mexico has reached…”
West v. Smith, 511 P.2d 1326 (Idaho 1973). · cites it 2× “See I.C. §§ 67-4304, -4305; cf. Wilbour v. Gallagher, 77 Wash.”
Coeur D'Alene Tribe of Idaho v. State of Idaho, 798 F. Supp. 1443 (D. Idaho 1992). · cites it 2× “Idaho Code § 67-4304 (1989) reads, in part, as follows: The governor is hereby authorized and directed to appropriate in trust for the people of the state of Idaho all the unappropriated water of Priest, Pend d’Oreille and Coeur d’Alene Lakes or so much thereof as may be…”
State v. United States, 996 P.2d 806 (Idaho 2000). · cites it 4× “In all these cases, however, appropriations were subject to the permit requirements of Title 42. See I.C.”
State v. United States, 996 P.2d 806 (Idaho 2000). · cites it 2× “”); I.C. § 67-4304 (same). The United States has not requested, pursuant to I.”
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