2005 Idaho Code - 42-304 — HEARING

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 3
                          APPROPRIATION OF WATER --
                            CANCELATION OF PERMITS
    42-304.  HEARING. On the day set for the hearing the contestant and such
contestees as have filed the affidavit hereinbefore required of them, shall
file such affidavits in support of their respective allegations as they may
desire, and the department of water resources may require such additional
evidence and may make or cause to be made by an engineer whom the department
may designate, such personal examination of the work done under the permit in
question, as the department may deem necessary to enable it to render a fair
decision: provided, that before making or causing such examination to be made
the department shall estimate the cost of such examination and shall require
the contestant to deposit a sum equal to such estimate and if after the making
of such examination it is found that the amount so deposited is in excess of
the cost of such examination the department shall return such excess to the
contestant. For the purpose of producing additional testimony in making
investigations, the department may continue the hearing to such time, not
exceding [exceeding] thirty (30) days, as would seem to it advisable. The
hearing shall be conducted in accordance with section 42-1701A(1) and (2),
Idaho Code, and the contestant or contestee may seek judicial review pursuant
to section 42-1701A(4), Idaho Code, of the final order of the director.