Idaho State Statutes - Idaho Attorney Directory

In
the administration and enforcement of this act and in the effectuation of the
policy of this state to conserve its ground water resources, the director of
the department of water resources in his sole discretion, is empowered:
a. To require all flowing wells to be so capped or equipped with valves
that the flow of water can be completely stopped when the wells are not in
use.
b. To require both flowing and nonflowing wells to be so constructed and
maintained as to prevent the waste of ground waters through leaky wells,
casings, pipes, fittings, valves or pumps either above or below the land
surface.
c. To prescribe uniform scientific methods to determine water levels in
and calculate waters withdrawn from wells.
d. To go upon all lands, both public and private, for the purpose of
inspecting wells, pumps, casings, pipes, and fittings, including wells used or
claimed to be used for domestic purposes.
e. To order the cessation of use of a well pending the correction of any
defect that the director of the department of water resources has ordered
corrected.
f. To commence actions to enjoin the illegal opening or excavation of
wells or withdrawal or use of water therefrom and to appear and become a party
to any action or proceeding pending in any court or administrative agency when
it appears to the director of the department of water resources that the
determination of such action or proceeding might result in depletion of the
ground water resources of the state contrary to the public policy expressed in
this act.
g. To supervise and control the exercise and administration of all rights
to the use of ground waters and in the exercise of this discretionary power he
may initiate administrative proceedings to prohibit or limit the withdrawal of
water from any well during any period that he determines that water to fill
any water right in said well is not there available. To assist the director of
the department of water resources in the administration and enforcement of
this act, and in making determinations upon which said orders shall be based,
he may establish a ground water pumping level or levels in an area or areas
having a common ground water supply as determined by him as hereinafter
provided. Water in a well shall not be deemed available to fill a water right
therein if withdrawal therefrom of the amount called for by such right would
affect, contrary to the declared policy of this act, the present or future use
of any prior surface or ground water right or result in the withdrawing of the
ground water supply at a rate beyond the reasonably anticipated average rate
of future natural recharge. However, the director may allow withdrawal at a
rate exceeding the reasonably anticipated rate of future natural recharge if
the director finds it is in the public interest and if it satisfies the
following criteria:
1. A program exists or likely will exist which will increase recharge or
decrease withdrawals within a time period acceptable to the director to
bring withdrawals into balance with recharge.
2. Holders of senior rights to use ground water will not be caused
thereby to pump water from below the established reasonable pumping level
or levels.
In connection with his supervision and control of the exercise of ground
water rights the director of the department of water resources shall also have
the power to determine what areas of the state have a common ground water
supply and whenever it is determined that any area has a ground water supply
which affects the flow of water in any stream or streams in an organized water
district, to incorporate such area in said water district; and whenever it is
determined that the ground water in an area having a common ground water
supply does not affect the flow of water in any stream in an organized water
district, to incorporate such area in a separate water district to be created
in the same manner provided for in section 42-604 of title 42, Idaho Code. The
administration of water rights within water districts created or enlarged
pursuant to this act shall be carried out in accordance with the provisions of
title 42, Idaho Code, as the same have been or may hereafter be amended,
except that in the administration of ground water rights either the director
of the department of water resources or the watermaster in a water district or
the director of the department of water resources outside of a water district
shall, upon determining that there is not sufficient water in a well to fill a
particular ground water right therein by order, limit or prohibit further
withdrawals of water under such right as hereinabove provided, and post a copy
of said order at the place where such water is withdrawn; provided, that land,
not irrigated with underground water, shall not be subject to any allotment,
charge, assessment, levy, or budget for, or in connection with, the
distribution or delivery of water.
h. To order the installation and maintenance of approved measuring
devices consistent with the purposes of section 42-701, Idaho Code.

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