US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 39
                      WASTE DISPOSAL AND INJECTION WELLS
    42-3910.  CANCELLATION OF PERMIT -- NOTICE -- HEARING -- REVIEW. When the
director of the department of water resources has reason to believe the
operation and use of an injection well, for which a permit has been issued in
accordance with this chapter, is interfering with the right of the public to
withdraw water for beneficial uses, or is causing unreasonable contamination
or deterioration of the quality of the ground water below the adopted water
quality standards of the board of environmental quality, he may cancel such
permit. Prior to the cancellation of such permit there shall be a hearing
before the water resource board for the purpose of determining whether or not
the permit should be cancelled. At such hearing the director of the department
of water resources shall be the complaining party. For purposes of such
hearing, the board shall have power to administer oaths, examine witnesses and
issue subpoenas requiring testimony of witnesses and production of evidence
relevant to any matter in the hearing. The hearing shall be conducted in
accordance with chapter 52, title 67, Idaho Code, and the board shall provide
the owner or operator whose permit is proposed to be cancelled with reasonable
notice and the opportunity to be heard in accordance with chapter 52, title
67, Idaho Code. A certified transcript of the proceedings and the evidence
received at such hearing shall be maintained by the board. The board shall
affirm, modify or reject the director's decision, and make its decision in the
form of an order to the director. Review of a final determination by the board
may be secured by the owner or operator by filing a petition for review as
prescribed by chapter 52, title 67, Idaho Code, in the district court of the
county wherein the injection well is situated. The petition for review shall
be served upon the chairman of the water resource board and upon the attorney
general as provided by the Idaho rules of civil procedure.