US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 17
                       DEPARTMENT OF WATER RESOURCES --
                             WATER RESOURCE BOARD
    42-1701.  CREATION OF DEPARTMENT OF WATER RESOURCES -- DIRECTOR --
QUALIFICATIONS -- DUTIES. (1) There is hereby created the department of water
resources, which shall, for the purposes of section 20, article IV, of the
constitution of the state of Idaho, be an executive department of the state
government.
    (2)  The executive and administrative authority of the department, except
such authority as is specifically assigned by law to the water resource board,
shall be vested in a director of the department of water resources who shall
be a licensed civil or hydraulic engineer, and shall have had not less than
five (5) years' experience in the active practice of such profession, and
shall be familiar with irrigation in Idaho.
    (3)  The director may delegate such duties as are imposed upon him by law
to an employee of the department of water resources whenever in the opinion of
the director, such delegation is necessary for the efficient administration of
his duties.
    (4)  The director shall organize the department into such divisions and
other administrative sub-units as may be necessary in order to efficiently
administer the department. All employees of the department, except the
director, shall be selected and appointed by the director in conformance with
the provisions of chapter 53, title 67, Idaho Code.
    (5)  The director and/or employees of the department of water resources
may make reasonable entry upon any lands in the state for the purpose of
making investigations and surveys, or for other purposes necessary to carry
out the duties imposed by law.
    (6)  (a)  Any authorization or order of the Idaho public utilities
    commission, under the provisions of section 61-328, Idaho Code, approving
    the sale, assignment or transfer of hydropower water rights used in the
    generation of electric power shall be issued only upon such conditions as
    the director of the department of water resources shall require as
    necessary to prevent any change in use of water under the  water rights
    held for hydropower purposes that would cause injury to any water rights
    existing on the date of the sale, assignment or transfer. Any such
    conditions shall ensure that the public interest, as it pertains to the
    use of water under the hydropower water rights, will not be adversely
    affected. Conditions, if any, imposed by the director shall be subject to
    review under section 42-1701A(4), Idaho Code.
    (b)  Subsection (6)(a) of this section may be satisfied by a written
    agreement between the holder of a water right held for hydropower purposes
    and the governor, which agreement has been ratified by the legislature of
    the state of Idaho. The agreement between the governor and the Idaho Power
    Company dated October 15, 1984, and ratified by the legislature of the
    state of Idaho pursuant to section 42-203B, Idaho Code, and the
    subordination provisions relating to the Idaho Power Company's water
    rights satisfy subsection (6)(a) of this section.