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(H. B. NO.43)

AN ACT

AUTHORIZING THE GOVERNOR QF IDAHO TO APPROPRIATE

AND HOLD IN TRUST FOR THE PEOPLE OF THE STATE ALL THE UNAPPROPRIATED WATER OF PRIEST, PEND OREILLE AND COEUR D'ALENE LAKES AND DECLARING THE PRESERVATION OF THE WATER IN SAID LAKES TO BE A BENEFICIAL USE THEREOF; ALSO DECLARING THE LAND BELONGING TO THE STATE OF IDAHO ADJACENT TO SAID LAKES TO BE NOW DEVOTED TO A PUBLIC USE MORE NECESSARY THAN THE USE THEREOF FOR STORAGE RESERVOIR PURPOSES, AND DECLARING AN EMERGENCY.

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. The Governor is hereby authorized and directed to appropriate in trust for the people of the State of Idaho all the unappropriated water of Priest, Pend Orielle and Coeur d'Alene Lakes or so much thereof as may be necessary to preserve said lakes in their present condition. The preservation of said water in said lakes for scenic beauty, health, recreation, transportation and commercial purposes necessary and desirable for all the inhabitants of the State is hereby declared to be a beneficial use of such water.

No fee shall be required in connection with said appropriation by the Governor or the permit issued in connection therewith, and no proof of completion of any works of diversion shall be required, but license shall issue at any time upon proof of beneficial use to which said waters are now devoted.

Each succeeding Governor in office shall be deemed to be a holder of such permit, in trust for the people of the State.

SEC. 2. The lands belonging to the State of Idaho between high and low water mark at said lakes as well as all other lands of the State adjacent to said lake, until the same are disposed of by the State Board of Land Commissioners, are hereby declared to be devoted to a public use in connection with the preservation of said lakes in their present condition as a health resort and recreation place for the inhabitants of the State and said public use is hereby declared to be a more necessary use than the use of said lands as a storage reservoir for irrigation or power purposes.

SEC. 3. If any part of this act shall be adjudged to be invalid, such judgment shall not effect, impair or invalidate any part of the remainder.

SEC. 4.-An emergency existing therefor, this act shall take effect from an]- after its passage and approval.

Approved January 24, 1927.