OCR Text |
Show 260 IDAHO subterranean waters may be acquired by appropriation.6 However, any lake not exceeding 5 acres and any spring located entirely on private property may not be appropriated, except by the landowner or with his written permission.7 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights The general administrative supervision of the waters of the State is vested in the director of the Department of Water Administration. All statutory appropriations of water must be initiated by filing an application to appropriate with the director and securing his ap- proval. This is also true of changes in the point of diversion and place of use of a water right.8 The director has the responsibility to review the proof of appropriation after the applicant has placed the water to beneficial use and, if this has been properly accomplished, to issue the applicant a license confirming such use.9 In addition to his numerous responsibilities relating to the appro- priation of water, the director, as head of the Department of Water Administration, is also charged with the responsibility of distribu- ting water from all of the streams in accordance with the doctrine of prior appropriation. For purposes of water administration, the State is divided into certain water divisions by statute, and the De- partment of Water Administration is authorized to further sub- divide the State into water districts for purposes of administration. A statutory procedure is also provided for selection of watermasters and for fixing their compensation, and the watermasters are to distribute the water according to the priority of the rights.10 The authority of the director has, in recent years, been extended in the area of ground water administration. In addition to being authorized to require proper measuring devices and control struc- tures on wells, the director may administer the various rights within the available water supply. This includes the power to make an ad- ministrative determination of conflicting claims between surface and ground water users. A hearing is held by the director as chairman of the local ground water board, and the order entered may be ap- pealed to the district court.11 With regard to statutory adjudication of water rights, the direc- tor, upon his own initiative, if he deems that the public interest and necessity will be served, or upon petition of the water users, is authorized to petition the district court for the initiation of an ac- tion for the adjudication of the water rights of any water system. Once such an action is commenced, the director conducts an examina- tion of the water system and uses. The director examines the claims filed by the water users and prepares a report in the nature of a 6 Idaho Code sec. 42-103. "> Idaho code, sees. 42-212 and 42-213. 8 Idaho code, sees. 42-202, 42-108, and 42-222. 9 Idaho code, sees. 42-217, 42-218, and 42-219. 10 Idaho code, sees. 42-601 to 42-618. 11 Idaho code, sees. 42-237a to 42-237e. |