2005 Idaho Code - 42-237d — LOCAL GROUND WATER BOARDS

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 2
                      APPROPRIATION OF WATER -- PERMITS,
                     CERTIFICATES, AND LICENSES -- SURVEY
    42-237d.  LOCAL GROUND WATER BOARDS. Whenever a written statement of claim
as provided in section 42-237b hereof is filed with the director of the
department of water resources, if the statement of the claimant is deemed
sufficient by the director of the department of water resources and meets the
requirements of section 42-237b, the said director of the department of water
resources shall forthwith proceed to form a local ground water board for the
purpose of hearing such claim. The said local ground water board shall consist
of the director of the department of water resources, and a person who is a
qualified engineer or geologist, appointed by the district judge of the
judicial district which includes the county in which the well of respondent,
or one of the respondents if there be more than one, is located, and a third
member to be appointed by the other two, who shall be a resident irrigation
farmer of the county in which the well of respondent, or one of the
respondents if there be more than one, is located. None of such members shall
be persons owning or claiming water right which may be affected by such claim,
nor members of the board of directors of any irrigation district or canal
company owning or claiming water rights affected by such claims. No employee
of the state of Idaho other than said director of the department of water
resources is eligible for appointment to a ground water board. Members of the
board shall hold office until the board has finally disposed of the claim
which it was appointed to hear. Such members shall serve without pay except
that members other than the director of the department of water resources
shall receive per diem of $25.00 together with reimbursement of expenses
actually incurred during the time actually spent in the performance of
official duties, such per diem and expenses to be paid from the ground water
administration fund hereinafter created. Whenever such a local ground water
board is needed to be formed in any county, the director of the department of
water resources shall give notice of that fact to the district judge of the
judicial district which includes the county in which the well of respondents,
or one of the respondents if there be more than one, is located, and thereupon
such judge shall appoint a person to be a member of such board. Upon
qualification by such member, the third member shall be selected. The director
of the department of water resources shall be the chairman of the board and
custodian of all its records. He may be represented at any board meeting by a
duly appointed, qualified and acting deputy director of the department of
water resources.