TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 40

GEOTHERMAL RESOURCES ACT

42-4012.  Resident agent — Actions — Hearings — Appeals. (a) Every permit holder, owner, and operator of any well shall designate to the director an agent who resides in this state upon whom may be served all orders, notices, or permits issued by the director.

(b)  Any person adversely affected by any order, including orders following hearings held pursuant to this chapter, served on him by the board or the director may bring an appeal therefrom to the district court within twenty-eight (28) days of such service, or, if he has not had a hearing before the board, he may request a hearing at such time. Such appeals shall be accomplished and reviewed pursuant to chapter 52, title 67, Idaho Code.

(c)  Nothing contained in this section shall preempt any right of any person to any writ or other relief available in a civil action.

(d)  Nothing contained in this act shall preempt any public nuisance or similar law of this state.

(e)  All orders, permits, and notices issued by the director or the board under this act shall also bind and be effective on all successors and assigns of the persons to whom such orders, permits, and notices are addressed.

History:

[42-4012, added 1972, ch. 301, sec. 13, p. 749; am. 1974, ch. 20, sec. 60, p. 533; am. 1980, ch. 238, sec. 23, p. 553; am. 1993, ch. 216, sec. 41, p. 624.]