ID H0558

Director of Department of Water Resources must determine within thirty (30) days of receiving a petition or finding prima facie evidence whether a stockwater right has been forfeited due to five (5) years of nonuse under section 42-222(2), Idaho Code.

If director determines insufficient evidence, must notify petitioner with reasoned statement; if sufficient evidence exists, must issue order to show cause within thirty (30) days containing findings of fact and reasoned statement.

Stockwater right owner has twenty-one (21) days from service to request a hearing; if no timely hearing request, director must issue forfeiture order within fourteen (14) days; if hearing requested, director must issue order within forty-five (45) days after administrative proceeding concludes.

State of Idaho, through Attorney General, must initiate civil action in Twin Falls County district court within sixty (60) days of director's forfeiture order, with director's order constituting prima facie evidence but not changing the standard of proof for forfeiture.

Director shall not issue order to show cause where principal/agent relationship exists between stockwater right owner and grazing permit/lease holder, or where federal grazing allotment holders assert principal/agent relationship with federal agency.

Act takes effect upon passage and approval as an emergency measure.