US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 3
                          APPROPRIATION OF WATER --
                            CANCELATION OF PERMITS
    42-311.  CANCELLATION OF PERMIT -- GROUNDS -- HEARING -- PERMITTEE
DEFINED. (1) If the director of the department of water resources finds, on
the basis of available information at any time after a permit is issued but
prior to license, that the permittee has refused or failed to comply with any
of the conditions in the permit, or has refused or failed to comply with the
provisions of the law governing the permit, then the director of the
department of water resources may issue (a) an order to show cause before the
director of the department or the director's designee on or before a date
therein set, which shall be not less than thirty (30) days from the date of
service, why the director of the department should not cancel said permit; or
(b) an order directing the permittee to cease and desist the activity or
activities alleged to be in violation of the conditions of the permit or in
violation of provisions of the law governing the permit. A cease and desist
order may direct compliance with the permit forthwith or may provide for a
time schedule to bring the permittee into compliance with the conditions of
the permit.
    (2)  Any order to show cause or order to cease and desist shall contain a
statement of findings of fact and of conclusions of law that provide a factual
and legal basis for the order of the director of the department of water
resources.
    (3)  The director of the department of water resources shall serve a copy
of any such order on the permittee by personal service or by certified mail.
If reasonable efforts to personally serve the order fail, or if the certified
mail is returned unclaimed, the department may serve the order by publication
by publishing a summary of the order once a week for two (2) consecutive weeks
in a newspaper of general circulation in the county in which the point of
diversion is located. Service by certified mail shall be complete upon receipt
of the certified mail. Personal service may be completed by department
personnel or a person authorized to serve process under the Idaho rules of
civil procedure.  Service by publication shall be complete upon the date of
the last publication.
    (4)  The permittee shall have a right to an administrative hearing before
the department if requested in writing within twenty-one (21) days from the
date of service of the order, and to judicial review, all as provided in
section 42-1701A, Idaho Code.
    (5)  The term "permittee," as used in this chapter, includes the heirs,
successors, or assigns of the person to whom the department issued a water
right permit.