Idaho State Statutes - Idaho Attorney Directory

(1) There is
created and established in the state government a department of environmental
quality which shall for the purposes of section 20, article IV, of the
constitution of the state of Idaho be an executive department of the state
government. The executive and administrative power of this department shall be
vested in the director of the department who shall be appointed and serve at
the pleasure of the governor, with the advice and consent of the senate.
(2) The department shall be organized in such administrative divisions or
regions as may be necessary in order to efficiently administer the department.
Each division shall be headed by an administrator who shall be appointed by
and serve at the pleasure of the director.
(3) The INEEL coordinator-manager, regional administrators and division
administrators shall be nonclassified employees exempt from the provisions of
chapter 53, title 67, Idaho Code.
(4) No provision of this title shall be interpreted as to supersede,
abrogate, injure or create rights to divert or store water and apply water to
beneficial uses established under section 3, article XV of the constitution of
the state of Idaho and title 42, Idaho Code. Nothing in this title shall be
construed to allow the department to establish a water right for minimum
stream flows or a water right for minimum water levels in any lakes,
reservoirs or impoundments. Minimum stream flows and minimum water levels may
only be established pursuant to chapter 15, title 42, Idaho Code.
(5) Nothing in this title shall be construed to allow the department to
establish or require minimum stream flows which would prevent any water from
being diverted for irrigation purposes pursuant to existing water rights, or
to establish or require minimum water levels in any lakes, reservoirs or
impoundments in which any water is stored for irrigation purposes which would
adversely affect existing water rights or contracts with the federal
government.

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