ID H0608

Director of the Department of Water Resources must determine within 30 days whether a petition or information presents prima facie evidence that a stockwater right has been forfeited due to five years of nonuse.

Director must issue an order to show cause to the stockwater right owner containing findings of fact and reasoned statement supporting the determination.

Stockwater right owner has 21 days from service to request a hearing; if no hearing is requested, director must issue a forfeiture order within 14 days.

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

Director cannot issue an order to show cause if written evidence signed by both principal and agent demonstrates a principal/agent relationship existed during the five-year period or currently exists between the water right owner and a permittee or lessee.

Bill declares an emergency and takes effect immediately upon passage and approval.