Idaho Code
Idaho Code § 67-4305 (2026)
Priest, Pend Oreille, and Coeur d’Alene Lakes — Lands devoted to health and recreational use.
✓ current as of May 2026
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Priest, Pend Oreille, and Coeur d’Alene Lakes — Lands devoted to health and recreational use.
The lands belonging to the state of Idaho between the ordinary high and low water mark at said lakes as well as all other lands of the state adjacent to said lakes that are not held in trust for the beneficiaries of the endowed institutions are hereby declared to be devoted to a public use in connection with the preservation of said lakes in their present condition as a health resort and recreation place for the inhabitants of the state and said public use is hereby declared to be a more necessary use than the use of said lands as a storage reservoir for irrigation or power purposes.
Notes of Decisions
Cited in 5
cases, 1995–2020 · leading case: Selkirk-Priest Basin Ass'n, Inc. v. State Ex Rel. Andrus, 899 P.2d 949 (Idaho 1995).
Selkirk-Priest Basin Ass'n, Inc. v. State Ex Rel. Andrus, 899 P.2d 949 (Idaho 1995). “§ 36-1601 and I.C. § 67-4305 Were Not Raised Below. Responding to the respondents' contention that these claims were waived, in their reply brief the environmental groups state that these claims were not waived below.”
Idaho v. Coeur D'Alene Tribe of Idaho, 521 U.S. 261 (1997). “" Idaho Code § 67-4305 (Supp. 1996). Our recitation of the ties between the submerged lands and the State's own sovereignty, and of the severance and diminishment of state sovereignty were the declaratory and injunctive relief to be granted, is not in derogation of the Tribe's…”
In Re Sanders Beach, 147 P.3d 75 (Idaho 2006). “Laws 6 , 7 (now codified as I.C. § 67-4305). Creating the littoral right requested by the Lakeshore Owners would give them the exclusive right to occupy this portion of State land, even though the State holds such land in trust to preserve the public's right of use in the land.”
City of Coeur D'Alene v. Mackin, 147 P.3d 75 (Idaho 2006). “Laws 6 , 7 (now codified as I.C. § 67-4305). Creating the littoral right requested by the Lakeshore Owners would give them the exclusive right to occupy this portion of State land, even though the State holds such land in trust to preserve the public’s right of use in the land.”
Newton v. MJK/BJK MBK Lake; KAKM & Idaho Dept of Lands, 469 P.3d 23 (Idaho 2020). “Further, Idaho Code section 67-4305 declares that “lands belonging to the state of Idaho between the ordinary high and low water mark at said lakes [including Lake Coeur d’Alene] as well as all other lands of the state adjacent to said lake” are devoted to public use.”
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