Section 011. Policy

01. Regulation of the Beds of Navigable Waters. It is the policy of the State of Idaho to regulate an d control the use or disposition of the beds of navigable waterways so as to provide for their commercial, navigational , recreational or other public use; provided, that the Board will take no action in derogation of or seeking to interfer e with the riparian or littoral rights of upland land owners. (3-18-22) a. These rules will not be construed as adversely affecting any valid easement or other right grante d by the Department prior to May 23, 1984. (3-18-22) b. The Board or Director will not grant an easement for any use, facility, or structure that woul d impair those uses of navigable waterways protected under the public trust doctrine. (3-18-22) 02. Exercise of State Title. The State of Idaho exercises its title over the beds of all lakes, rivers, an d streams that are navigable in fact. Information about lakes, rivers, and streams deemed navigable by the State o f Idaho is available from the Department. (3-18-22) 03. Stream Channel and Encroachment Permits. Issuance of an easement is contingent upon the applicant first obtaining a stream channel alteration permit if required by the Idaho Department of Water Resources , pursuant to Title 42, Chapter 38, Idaho Code, or a lake encroachment permit if required by the Department, pursuan t to Title 58, Chapter 13, Idaho Code. (3-18-22) 04. Other Permits. Issuance of an easement does not relieve an applicant of acquiring other permits and licenses that are required by law. (3-18-22) 05. Existing Easements. These rules apply to existing easements on navigable waterways. However, i t is not necessary for a person possessing a valid easement obtained on or after May 23, 1984 to file a new easemen t application if the location or use of the easement has not changed. (3-18-22) 06. Limitation on Easement Grant

acquiring other permits and licenses that are required by law. (3-18-22) 05. Existing Easements. These rules apply to existing easements on navigable waterways. However, i t is not necessary for a person possessing a valid easement obtained on or after May 23, 1984 to file a new easemen t application if the location or use of the easement has not changed. (3-18-22) 06. Limitation on Easement Grant. An easement grants only such interest to the grantee as i s specified within the document, including the legal right to occupy and use the navigable waterways for the specifie d purpose in the easement without interference by the grantor, except as otherwise provided by law. The legal right t o use the navigable waterways for all other purposes not inconsistent with the grantee’s interest remains with th e grantor. (3-18-22) 07. Minimum Width. The minimum width of any easement granted is eight (8) feet. (3-18-22) 012. -- 019. (RESERVED)