Idaho State Statutes - Idaho Attorney Directory

(1) If the director of the department of water resources finds, on the basis
of available information at any time after a license is issued, that the
licensee has ceased to put the water to a beneficial use for a period of five
(5) continuous years or that the licensee has wilfully or intentionally failed
to comply with any of the conditions in the license, or has wilfully or
intentionally failed to comply with provisions of the law governing the
license, then the director of the department of water resources may issue (a)
an order to show cause before the director of the department or the director's
designee on or before a date therein set, which shall be not less than thirty
(30) days from the date of service, why the director of the department should
not revoke said license; or (b) an order directing the licensee to cease and
desist the activity or activities alleged to be in violation of the conditions
of the license or in violation of provisions of the law governing the license.
A cease and desist order may direct compliance with the license forthwith or
may provide for a time schedule to bring the licensee into compliance with the
conditions of the license.
(2) Any order to show cause or order to cease and desist shall contain a
statement of findings of fact and of conclusions of law that provide a factual
and legal basis for the order of the director of the department of water
resources.
(3) The director of the department of water resources shall serve a copy
of any such order on the licensee by personal service or by certified mail. If
reasonable efforts to personally serve the order fail, or if the certified
mail is returned unclaimed, the department may serve the order by publication
by publishing a summary of the order once a week for two (2) consecutive weeks
in a newspaper of general circulation in the county in which the point of
diversion is located. Service by certified mail shall be complete upon receipt
of the certified mail. Personal service may be completed by department
personnel or a person authorized to serve process under the Idaho rules of
civil procedure. Service by publication shall be complete upon the date of the
last publication.
(4) The licensee shall have a right to an administrative hearing before
the department, if requested in writing within twenty-one (21) days from the
date of service of the order, and to judicial review, all as provided in
section 42-1701A, Idaho Code.
(5) If the director of the department of water resources has issued an
order to show cause why the director should not revoke a license, the licensee
may, within twenty-one (21) days from the date of service of the order, notify
the director in writing of the intent of the licensee to waive the right to an
administrative hearing before the department and to file a complaint in the
district court for a determination of the validity of the license. The
complaint shall name the director of the department of water resources as a
defendant and shall be filed either in the county where the point of diversion
or the place of use under the license is located, or in the county where the
director issued the order to show cause. The complaint shall be filed within
forty-two (42) days of the date of service of the order to show cause by the
director.
(6) The term "licensee," as used in this chapter, includes the heirs,
successors, or assigns of the person to whom the department issued a water
right license.

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