US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 18
                          DIRECTOR OF DEPARTMENT OF
                               WATER RESOURCES
    42-1805.  ADDITIONAL DUTIES. In addition to other duties prescribed by
law, the director of the department of water resources shall have the
following powers and duties:
    (1)  To represent the state in all matters pertaining to interstate and
international water rights affecting Idaho water resources; and to cooperate
with all agencies, now existing or hereafter to be formed, within the state or
within other jurisdictions, in matters affecting the development of the water
resources of this state.
    (2)  To prepare a present and continuing inventory of the water resources
of this state, ascertain means and methods of conserving and augmenting these
and determine as accurately as possible the most effective means by which
these water resources may be applied for the benefit of the people of this
state.
    (3)  To conduct surveys, tests, investigations, research, examinations,
studies, and estimates of cost relating to availability of unappropriated
water, effective use of existing supply, conservation, storage, distribution
and use of water.
    (4)  To prepare and compile information and data obtained and to make the
same available to interested individuals or agencies.
    (5)  To cooperate with and coordinate activities with the director of the
department of environmental quality as such activities relate to the functions
of either or both departments concerning water quality. Such cooperation and
coordination shall specifically require that:
    (a)  The director meet at least quarterly with the director of the
    department of environmental quality and his staff to discuss water quality
    programs. A copy of the minutes of such meeting shall be transmitted to
    the governor.
    (b)  The director transmit to the director of the department of
    environmental quality reports and information prepared by him pertaining
    to water quality programs, and proposed rules pertaining to water quality
    programs.
    (c)  The director shall make available to the director of the department
    of environmental quality and the director of the department of
    environmental quality shall make available to the director all notices of
    hearings relating to the promulgation of rules relating to water quality,
    waste discharge permits, and stream channel alteration, as such directly
    affect water quality, and notices of any other hearings and meetings which
    relate to water quality.
    (6)  To perform administrative duties and such other functions as the
board may from time to time assign to the director to enable the board to
carry out its powers and duties.
    (7)  After notice, to suspend the issuance or further action on permits or
applications as necessary to protect existing vested water rights or to ensure
compliance with  the provisions of chapter 2, title 42, Idaho Code, or to
prevent violation of minimum flow provisions of the state water plan.
    (8)  To promulgate, adopt, modify, repeal and enforce rules implementing
or effectuating the powers and duties of the department.
    (9)  To seek a preliminary or permanent injunction, or both, or a
temporary restraining order restraining any person from violating or
attempting to violate (a) those provisions of law relating to all aspects of
the appropriation of water, distribution of water, headgates and measuring
devices; or (b) the administrative or judicial orders entered in accordance
with the provisions of law.
    (10) To develop, coordinate and provide, through contract or by other
means, for weather modification projects involving cloud seeding that are
designed to increase the water supplies of the state by enhancing natural
precipitation and which conform to state water planning objectives. To
accomplish these purposes the director is authorized to accept and use funds
acquired through legislative appropriation or by gift, grant, contribution or
funding received from any private or public individual or entity. All funds
accepted under this provision shall be transmitted to the state treasurer for
deposit in the water administration fund and shall be reserved and made
available until expended as ordered by the director for weather modification
purposes determined by the director to be beneficial.
    (11) To develop and implement a plan for data gathering to determine any
effect of the weather modification efforts in which the department is
involved.