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State Statutes - Idaho - Title 42 - Chapter 2 - 42-203D
Idaho Statutes
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42-203D - REVIEW OF PERMITS -- OPPORTUNITY FOR HEARING
(1) The director
of the department of water resources shall review all permits issued prior to
July 1, 1985, which propose to divert water held in trust by the state of
Idaho pursuant to subsection (5) of section 42-203B, Idaho Code, except to the
extent a permit has been put to beneficial use prior to July 1, 1985, to
determine whether they comply with the provisions of section 42-203C, Idaho
Code. If the department finds that the proposed use is allowed under section
42-203C, Idaho Code, then the department shall enter an order continuing the
permit. If the department finds that the proposed use is not allowed under
section 42-203C, Idaho Code, then the department shall either cancel the
permit or impose the conditions required to bring the permit into compliance
with section 42-203C, Idaho Code.
(2) The department shall provide an opportunity for hearing in accordance
with section 42-1701A, Idaho Code, and chapter 52, title 67, Idaho Code, for
each holder of a permit that is proposed either to be cancelled or made
subject to new conditions.
 
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