Interim Protected Rivers (Rule 15)

01. Board Initiative. The board may consider a waterway for designation as an interim protected river upon its own initiative. (3-31-22) 02. Petitions. The board will accept petitions requesting the board to designate a waterway as an interim protected river only from a state agency. The acceptability of a petition requiring clarification or corrections shall be determined by the director. (3-31-22) 03. Form. Petitions shall be in writing, signed by the agency head, and shall describe the waterway, or portion thereof, requested to be designated as an interim protected river. (3-31-22) 04. Filing. No petition will be considered by the board at a board meeting unless it is filed at least thirty (30) days prior to such board meeting. (3-31-22) 05. Board Agenda. The board agenda will include time for representatives of the petitioning agency to describe the agency’s reasons for seeking interim protection for that waterway. (3-31-22) 06. Board Determination. At a board meeting the board shall determine whether the nominated IDAHO ADMINISTRATIVE CODE IDAPA 37.02.01 Department of Water Resources Comprehensive State Water Plan Rules Section 025 Page 4 waterway merits designation as an interim protected river. The determination shall be based on a finding that: (3-31-22) a. It is probable that the waterway would be designated a protected river in the comprehensive state water plan; and (3-31-22) b. Interim protected river status is necessary to protect the values that would support such waterway’s designation as a protected river in a comprehensive state water plan. (3-31-22) 016. -- 024. (RESERVED) 025. PETITIONS TO EXEMPT SPECIFIC PROJECTS FROM INTERIM PROTECTED RIVERS (RULE 25). 01. Petitions to Exempt Specific Action or Projects. Petitions proposing exemption for a specific project from the interim protected river designation shall be in writing, signed by the owner, operator, or designated official of the petitioner, and describe the proposed action or project and its location. No petition will be considered by the board at a board meeting unless filed at least thirty (30) days prior to such board meeting. (3-31-22) 02. Board Agenda. The board agenda will include time for the petitioner or his representative to describe how the proposed action or project would not significantly impair the values supporting a waterway’s designation as an interim protected river. The burden shall be on the petitioner to show that the proposed action will not impair those values supporting a waterway’s designation as an interim protected river. (3-31-22) 026. -- 999. (RESERVED)