Opinions, Guidelines and Certificates of Review Topical Index

(Please note that some of the Opinions and Guidelines listed below are for reference only. The actual Opinions and Guidelines can be found in the volumes of the Idaho Attorney General's Opinions and Annual Report.)

W

Water
Opinion 06-2 - Under Swan Falls Agreement, Idaho Power Co. subordinated its hydropower water rights in excess of agreed-upon minimum flows to all "subsequent beneficial upstream uses upon approval of such uses by the State in accordance with State law," regardless of type or kind of beneficial use.

Opinion 06-2 - Idaho Code §§ 42-234(2) and 42-4201A(2) do not create any vested rights or priorities in Idaho Power Co. because State, as trustee, holds legal title to water placed in trust and, in accordance with Swan Falls Agreement, State has the right to determine how trust water will be used.

Opinion 06-2A - Under Swan Falls Agreement, Idaho Power Co. subordinated its hydropower water rights in excess of agreed-upon minimum flows to all “subsequent beneficial upstream uses upon approval of such uses by the State in accordance with State law,” regardless of type or kind of beneficial use.

Opinion 06-2A - Idaho Code §§ 42-234(2) and 42-4201A(2) do not create any vested rights or priorities in Idaho Power Co. because State, as trustee, holds legal title to water placed in trust and, in accordance with Swan Falls Agreement, State has the right to determine how trust water will be used.

Guideline 3/3/2006 - Bill to approve water right transfers used in conjunction with coal fired generation of electricity other than integrated gasification combined cycle technology where coal is not burned but oxidized as power source is rationally related to State's duty to protect water resources and would likely withstand Equal Protection Clause challenge.

Water Resource Board
Opinion 88-2 - Mud Lake embankment is a dam; Board must regulate it as such or be liable for damage cause by failure to regulate.

Opinion 88-4 - Forfeiture period should be tolled whenever a water right is placed into the bank.

Guideline 3/20/2003 - Legislature may amend definition of "local public interest" without board first amending Public Interest Policy 1B of the State Water Plan.

Guideline 11/25/2003 - Holder of junior priority water right for domestic purposes may exercise delivery preference over holders of more senior water rights for other purposes when there is insufficient water to satisfy all users, and junior domestic right holder must pay just compensation to holder of non-domestic water right from whom water is taken.

Water Resources
Opinion 75-20 - Bureau of Reclamation water rights for Ririe Dam subject to rights of prior appropriators.

Opinion 75-22 - Interstate water use.

Opinion 75-31 - Hayden Lake Irrigation District subject to State Board of Health.

Opinion 75-45 - Liability for Barber Dam.

Opinion 77-26 - Validity, enactment and effect of State Water Plan.

Opinion 77-65 - State water Plan and its relation to Idaho laws and Constitution.

Opinion 79-11 - State’s right to geothermal resources on private land and former state land.

Guideline 1/22/1980 - Dissolved oxygen water quality standards.

Guideline 8/10/1981 - Authority of Water Resource Board to finance hydropower projects through sale of revenue bonds.

Guideline 12/30/1981 - Compliance with management practices under Forest Practices Act and compliance with water quality standards.

Opinion 82-8 - Department of Water Resources not allowed to expend moneys from Water Administration Fund not legislatively appropriated.

Guideline 2/10/1982 - Legislature has no authority to consider new policies of Water Resources Board before they become effective.

Guideline 3/16/1983 - Constitutionality of legislation authorizing exercise of state police powers to subordinate existing water rights for power generation to public interest.

Guideline 3/16/1983 - Vesting of water rights for purposes of determining when a “taking” has occurred.

Guideline 3/18/1983 - Protection of witnesses from prosecution for libel for statements made before Department of Water Resources.

Guideline 11/6/1984 - State owns beds of waterways navigable at time of statehood unless Congress had conveyed rights to another entity prior to such time.

Opinion 85-2 - Water Resource Board has the authority to issue revenue bonds for hydroelectric power project.

Guideline 1/6/1986 - Conflict of interest, water resources board member.

Guideline 6/20/1986 - Idaho Dam Safety Act applies to waste water treatment facilities within definition of dam in I.C. § 42-1711(b) and is under jurisdiction of Department of water Resources.

Opinion 87-6 - Provision purporting to allow legislature to reject approved minimum stream flow application by concurrent resolution is unconstitutional.

Opinion 88-4 - Filing application for change of water right does not toll running of forfeiture period for nonuse of right.

Opinion 88-6 - Department may issue water right permit to landowner for stock watering purposes even though landowner leases land to another to graze stock.

Opinion 89-1 - Idaho’s share of Bear River water under the Bear River Compact cannot be allocated for use in another state.

Opinion 89-1 - Interbasin transfer of Bear River water from joint project in Idaho to Utah or Wyoming will not create legal precedent affecting other river basins in the state.

Opinion 89-1 - Water Resource Board has the authority to issue revenue bonds, separately or jointly with other compacting states, to fund Idaho’s share of joint water project on Bear River.

Opinion 91-5 - Changes to state water plan are not changes under art. 15, sec. 7 of the Idaho Constitution.

Opinion 91-5 - Legislature is free to enact specific law approving, amending or rejecting Comprehensive State Plan: Payette River Reaches.

Opinion 91-7 - Water District 1 (Committee of Nine) is instrumentality of state charged with assisting Department of Water Resources' duty to provide for distribution of public waters.

Opinion 97-01 - Lava Hot Springs Foundation has statutory authority to (1) manage use of springs and waters located on lands under its control, subject to regulation by Dept. of Water Resources; and (2) enter into agreement involving easement with private party to discharge waste water so long as agreement is consistent with Foundation's state water right.

Guideline 2/24/2004 - Prior appropriation doctrine requires that approved change in nature of use of water right be limited to actual or historic volume of consumptive use previously made under the right in order to avoid injury to other water rights.

Water Supply Bank Act
Opinion 88-4 - Forfeiture period should be tolled whenever a water right is placed into the bank.

Wolves
Certificate 3/3/2006 - Initiative Relating to Removal of Wolves from Idaho.

Certificate 3/9/2006 - Initiative Relating to Removal of Wolves from Idaho.

Certificate 11/16/2006 - Initiative Relating to Wolf Regulation in Idaho.

Workers' Compensation
Guideline 5/9/1990 - Officers injured using fitness equipment at IMSI entitled to workers' compensation.

Guideline 12/10/1990 - Out-of-state bank's credit letter not adequate security for self-insurers under workers' compensation law.

Guideline 5/20/1999 - Workers’ compensation laws apply to all public and private employment, including small non-profit and faith groups, not expressly exempted by Idaho law.

Wrongful Birth
Guideline 2/21/1985 - Proposed House Bill 120 which bars a cause of action for wrongful birth is not unconstitutionally broad or vague.

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