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 that 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 account 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.

(12) To receive, file, record, or retain documents of record on media other than paper.

History:

[42-1805, added 1943, ch. 58, sec. 10, p. 120; am. 1969, ch. 469, sec. 4, p. 1352; am. 1974, ch. 20, sec. 32, p. 533; am. 1985, ch. 15, sec. 1, p. 21; am. 1986, ch. 313, sec. 10, p. 775; am. 1993, ch. 32, sec. 1, p. 106; am. 2001, ch. 103, sec. 83, p. 324; am. 2020, ch. 56, sec. 1, p. 136.]