67-4309. BIG SPRINGS — APPROPRIATION OF WATERS IN TRUST FOR PEOPLE. The park and recreation board is hereby authorized and directed to appropriate in trust for the people of the state of Idaho the unappropriated natural spring flow arising upon the area described as follows, to-wit:

That portion of the southwest quarter (1/4) of the southwest quarter (1/4) of section twenty-one (21) and lot one (1) of section twenty-eight (28), township eight (8) south, range fourteen (14) east of the Boise Meridian, which constitutes the Big Springs, but, excluding the streams known as the Snake River.

The preservation of water in the area described, known locally as Big Springs, Heart, or Blue Heart Springs, for its scenic beauty and recreational purposes necessary and desirable for all citizens of the state of Idaho is hereby declared to be a beneficial use of such water.

No fee shall be required in connection with said appropriation by the park and recreation board or the permit issued in connection therewith, but license shall issue at any time upon proof of beneficial use to which said waters are now dedicated.

The park and recreation board, or its successor, shall be deemed to be the holder of such permit, in trust for the people of the state, and the public use of the waters in the specific area herein described is declared to be of greater priority than any other use except that of domestic consumption.

History:

[67-4309, added I.C., sec. 67-4309, as added by 1971, ch. 207, sec. 3, p. 912; am. 1974, ch. 8, sec. 14, p. 35.]