When it is determined that any existing or proposed dam or obstruction requires a fishway and none has been installed therein, the director shall keep the same open until said fishway is put therein by the owner. Where a fishway has heretofore been constructed and approved by the director and has proved useless or inadequate for such purpose, the director shall have authority to construct a new fishway and to pay the expense of such construction out of the fish and game fund [account]. However, when such fishway is then properly functioning, it shall be maintained and replaced as required at the expense of the person owning the dam or other obstruction.
Idaho Code § 36-907
Open passage — Replacement by department — Maintenance by owner
Applied in 1 court decision — leading case Campion v. Simpson (1983)
Most recently applied in Campion v. Simpson (February 1983)
I.C., § 36-907, as added by 1976, ch. 95, § 2, p. 315.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.