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Show IDAHO 263 of watersheds used for public water supplies; and review plans and specifications for construction, improvement, or extension of sewage systems. It is unlawful to violate the quality standards or regulations adopted by the board. Provision is made for an ad- ministrative hearing and the right of judicial review. Also, civil and criminal remedies are available to enforce the act and the orders and regulations of the board.28 b. ENVIRONMENTAL CONCERNS The predominant philosophy concerning water resources in Idaho, as reflected in the water code and court decisions, has been one of utilizing this resource for economic development. There are no en- vironmental protections built into the Idaho statutes governing the appropriation of watfir. Water may be appropriated for any bene- ficial purpose, but the Idaho Supreme Court apparently has never decided a case which involved a claim for a use such as recreation.27 However, recent legislation authorizes the Governor to appropriate in trust certain specific scenic lakes in Idaho to preserve them in their present condition.28 In 1971, the legislature authorized the State park department to appropriate, in trust, certain natural springs because of their scenic beauty and recreational value.29 C. OTHER AGENCIES AT THE STATE LEVEL The functions of the department of water administration, who has the prime responsibility for water administration in the State of Idaho, and the board of health, which is charged with water quality control, have already been discussed. The other State agency with major responsibilities in the water resource area is the water resources board, which was created in 1965 to achieve the objective of a coordinated, integrated, multiple-use water resource policy within the State. To accomplish this objective, the nine-member board has been delegated broad powers by the legislature. These include the power to conduct studies and investigations directed toward the formulation and implementation of a statewide water plan. Additional powers of the board include authority to construct and operate water conservation and development projects, as well as projects to generate power, and to sell water and power. A bonding program is authorized to provide funding for projects. The board may appropriate water, protect Idaho's water from diversion outside the State, and may institute judicial proceedings for the adjudica- tion of water rights by court decree.30 On all projects involving the impoundment of more than 10,000 acre-feet of water, the proposal must be submitted to the board for its approval or disapproval.31 28 Idaho code sees. 39-112 to 39-119. ^Hutchins, The Idaho Law of Water Bights, 5 Idaho Law Review, 42-44 (1968). 28 Idaho code, sees. 67-4301 to 67-4306. 28 Idaho code sees. 67-4307 to 67-4312. »Idaho code sees. 42-1734, 42-1739. 81 Idaho code sec. 42-1737. |