Idaho is home to over 90,000 miles of rivers and streams, more than 2,000 lakes, and countless acres of important wetlands. From floating the Boise River to tubing on Payette Lake to flyfishing the iconic Silver Creek, if you’ve spent any time in Idaho, you’ve probably enjoyed recreating on one of our state’s water bodies. These waters make life in Idaho special, providing vital habitat for fish and wildlife, opportunities for world-class recreation, and crucial resources for communities.    

Thankfully, rivers, streams, and certain wetlands across the U.S. have protectors—including organizations like ICL and laws like the Clean Water Act (CWA), a landmark federal law for water protection that was passed in 1972. And although some important environmental safeguards of the CWA have been undermined in recent years, certain sections still strongly protect our waters from different types of harm. 

Protection from “dredging or filling activities”

Section 404 of the CWA prohibits the unpermitted dredging and filling of rivers, streams, and other water bodies. “Dredging or filling activities” means taking material from or adding material to a waterbody, but also includes related activities like clearing vegetation adjacent to a waterbody. As the Environmental Protection Agency (EPA) explains, “The basic premise of the (Section 404) program is that no discharge of dredged or fill material may be permitted if: (1) a practicable alternative exists that is less damaging to the aquatic environment or (2) the nation’s waters would be significantly degraded.”

In Idaho, the Idaho Department of Water Resources (IDWR) also issues Stream Channel Alteration permits, which regulate the types of modification that can be made to stream beds and adjacent lands. 

Unfortunately, a number of private individuals in Idaho have recently been violating these rules and regulations designed to protect our waters. As an advocate and protector of clean water, and recognizing that no one is above the law—ICL has been tracking these violations. In each of the three cases, these individuals are accused to have made a number of illegal and unpermitted modifications to water bodies, resulting in significant Section 404/Stream Channel Alteration violations to some of our most special rivers and streams. Thankfully, many of these blatant violations are already being addressed by both federal and state agencies.

Case #1: Ace Black Ranch and the Bruneau River

In February of this year, the Environmental Protection Agency (EPA) filed a lawsuit against the Ace Black Ranch near the town Bruneau and along the banks of the Bruneau River. The EPA alleges that Ace Black Ranch illegally discharged soil and sediment to the Bruneau River and adjacent wetlands, significantly threatening fisheries, neighboring properties, and downstream communities. As part of their alleged illegal activities, Ace Blank Ranch mined gravel from the river banks, sold the gravel for profit to a variety of entities (including the State of Idaho) and cleared acres of riverbank and wetlands in the process.

Evidence of Gravel Mining from the Ace Black Ranch captured via Google Earth

All of this activity was done without the required Section 404/Stream Channel Alteration permits, destroying vital wetlands and releasing sediment to the Bruneau River. Elevated sediments in water can have significant impacts on aquatic life by interfering with fish and invertebrates’ ability to feed, breathe, and reproduce.  

Case #2: Mr. Laurent Comte and Panther Creek 

Within the heart of the Salmon River Mountains, Panther Creek flows from its headwaters north to the Salmon River. Panther Creek is one of the most important tributaries of the Salmon River, offering important salmon spawning habitat. It is also a very significant waterway for the Shoshone-Bannock Tribes, whose people have utilized this area for generations and whose Tribal government has poured significant resources into fisheries restoration efforts on Panther Creek.

In the summer of 2023, a private property owner, Mr. Laurent Comte, made significant unpermitted modifications to his 88-acre property including constructing several earthen dams and channelizing the entirety of Panther Creek.

Photo of Mr. Comte’s work. The natural and vegetated meandering path of Panther Creek can be seen on the left while the straightened artificial channel dug by Mr. Comte can be seen on the right. (Photo Credit: Affidavit Of David T. Graybill, 8/17/2023)

Mr. Comte’s work was done without the required permits in an attempt to develop and drain water from the property. According to a legal suit filed by the IDWR, “Mr. Comte’s excavation and vegetation removal activities resulted in the realignment of approximately 4800 feet (0.9 miles) of Panther Creek, the obliteration and severance of crucial riparian and wetland habitats, the release of extensive amount of sediment, and the dewatering of critical ESA-listed (Endangered Species Act) fish habitat and entrainment of ESA-listed fish species.” IDWR’s lawsuit is assessing $60,000 in penalties against Mr. Comte and would require him to develop a long-term restoration plan to undo his damage. 

Case #3: Mr. Carl Nagel and Darby Creek 

Darby Creek is an intermittent tributary of the Teton River in eastern Idaho between the towns of Driggs and Victor. The Teton River is a world-class trout fishery, provides excellent whitewater recreation, and has been proposed for Wild and Scenic Designation

Sometime in the summer and fall of 2023, private property owner Mr. Carl Nagel cleared large portions of vegetation from Darby Creek as well as created multiple creek crossings with heavy machinery resulting in a strip of cleared land almost 4,000 feet long. These unpermitted actions likely released large amounts of sediment into the Teton River and now threaten the stability of this fragile riparian ecosystem.

Drone footage of one section of Mr. Nagel’s damage to Darby Creek corridor and creekbed.
Credit Brad Boner / JH News and Guide.

In November 2023, the IDWR filed a Notice of Violation against Mr. Nagel for his actions without appropriate permits and assessed a $10,000 fine. The local watershed protection group, Friends of the Teton River has been diligently tracking this issue and has reviewed and commented on a proposed restoration plan from Mr. Negal.

Sediment spread over the original stream channel. Note stream bed cobble is now buried. Photo Credit Mike Lien/Friends of the Teton River.

What Can You Do to Help?

Illegal dredge and fill activities are often discovered by reporting from neighbors and concerned citizens. However, it’s important to remember some dredging, filling, or clearing activities on water bodies and adjacent lands is legal if properly permitted. Unfortunately, it isn’t easy for the public to know if an activity is permitted or not. If you do suspect that unpermitted and/or harmful activities are occurring near one of your favorite rivers or streams, you can contact ICL’s Conservation Associate Will Tiedemann to discuss the issue before reporting it to one of the agencies below:

You can also help by becoming an ICL member and making a contribution to support ICL! ICL has expert staff who focus on protecting the waters of Idaho from degradation, pollution, and poor land use management.