reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.510 - PURPOSES OF PREHEARING CONFERENCE

Current through August 31, 2023
To initiate formal proceedings in a contested case pursuant to
				Rule 102, the agency will issue a Notice
				of Prehearing Conference, identifying the presiding officer for the case and
				setting the date and time for prehearing conference. The prehearing conference
				shall be convened for purposes of formulating or simplifying the issues,
				obtaining concessions of fact or identification of documents to avoid
				unnecessary proof, scheduling discovery (when discovery is allowed), arranging
				for the exchange of proposed exhibits or prepared testimony, limiting
				witnesses, discussing settlement offers or making settlement offers, scheduling
				hearings, establishing procedure at hearings, and addressing other matters that
				may expedite orderly conduct and disposition of the proceeding or its
				settlement. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.511 - ADDITIONAL CONFERENCES

Current through August 31, 2023
The presiding officer may, following the initial prehearing
				conference, convene additional conferences. Additional conferences will address
				the topics identified in Rule
				510, unless the topics are further
				defined in the notice of such conference. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.512 - NOTICE OF CONFERENCE

Current through August 31, 2023
Notice of the place, date and hour of a conference will be
				served on all parties at least fourteen (14) days before the time set for the
				conference, unless the presiding officer finds it necessary or appropriate for
				the notice period to be shortened. Notices must contain the same information as
				notices of hearing with regard to an agency's obligations under the American
				with Disabilities Act. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.513 - RECORD OF CONFERENCE

Current through August 31, 2023
Prehearing conferences or status conferences may be held on the
				record or off the record. Agreements entered into by the parties during a
				conference may be put on the record during the conference or may be reduced to
				writing and filed with the agency after the conference. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.514 - ORDERS RESULTING FROM CONFERENCE

Current through August 31, 2023
The presiding officer may issue a prehearing order or notice
				based upon the results of the agreements reached at or rulings made at a
				conference. A prehearing order will control the course of subsequent
				proceedings unless modified by the presiding officer for good cause.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.515 - FACTS DISCLOSED NOT PART OF THE RECORD

Current through August 31, 2023
Facts disclosed, settlement offers made and all other aspects
				of negotiation (except agreements reached) in conferences in a contested case
				are not part of the record unless ordered by the presiding officer upon a
				stipulation by all parties to a contested case. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.520 - DISCOVERY IN CONTESTED CASES

Current through August 31, 2023
01.
Kinds of
			 Discovery
. The following kinds of discovery may be authorized by
			 presiding officers in contested cases before the agency: (3-18-22)
a. Deposition through oral examination or
			 written questions; (3-18-22)
b.
			 Written interrogatories; (3-18-22)
c. Requests for Admission;
			 (3-18-22)
d. Requests for
			 production of documents, electronically stored information or tangible things;
			 and (3-18-22)
e. Entry upon land or
			 other property for inspection or other purposes; (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.521 - WHEN DISCOVERY AUTHORIZED

Current through August 31, 2023
No party in a contested case before the agency is entitled to
				engage in discovery unless the presiding officer issues an order authorizing
				discovery, or upon agreement of all parties that discovery may be conducted.
				The presiding officer may provide a schedule for discovery in an order
				authorizing discovery, but the order authorizing and scheduling discovery need
				not conform to the timetables of the Idaho Rules of Civil Procedure. The order
				authorizing discovery may provide that voluminous records need not be served in
				a discovery response so long as the records are made available for inspection
				and copying under reasonable terms. A party, upon reasonable notice to other
				parties and all persons affected thereby, may seek an order compelling
				discovery in a manner consistent with the provisions of Rule
				37(a)  of the Idaho
				Rules of Civil Procedure. The presiding officer may limit the type and scope of
				discovery. (3-1822)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.522 - RIGHTS TO DISCOVERY RECIPROCAL

Current through August 31, 2023
All parties to a proceeding have a right of discovery of all
				other parties to a proceeding according to Rule
				521 and to the authorizing statutes
				and rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.523 - SUBPOENAS

Current through August 31, 2023
The presiding officer may issue subpoenas upon a party's motion
				or upon its own initiative. The presiding officer upon motion to quash made
				promptly, and in any event, before the time to comply with the subpoena, may
				quash the subpoena, or condition denial of the motion to quash upon reasonable
				terms. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.524 - STATUTORY INSPECTION, EXAMINATION, INVESTIGATION, ETC

Current through August 31, 2023
This rule recognizes, but does not enlarge or restrict, the
				agency's statutory right of inspection, examination, or investigation. This
				statutory right of the agency is independent of any right of discovery in
				formal proceedings and may be exercised by the agency whether or not a person
				is party to a formal proceeding before the agency. Information obtained from
				statutory inspection, examination, or investigation may be used in formal
				proceedings or for any other purpose, except as restricted by statute or rule.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.525 - FILING AND SERVICE OF DISCOVERY-RELATED DOCUMENTS

Current through August 31, 2023
Parties shall send the presiding officer copies of any notices
				of deposition or certificates of service stating that discovery requests or
				responses have been served. Parties shall serve discovery requests and
				responses on all other parties. Parties shall not serve the presiding officer
				copies of discovery responses unless it is part of a motion to compel
				discovery. A motion to compel discovery must be filed within twenty-one (21)
				days from the day a discovery response was due or twenty-one (21) days from the
				day a deficient response was served on the moving party. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.526 - PREPARED TESTIMONY AND REPORTS

Current through August 31, 2023
Presiding officers may require parties to exchange prepared
				testimony, expert witness reports or rebuttal reports, prior to the hearing.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.527 - SANCTIONS FOR FAILURE TO OBEY ORDER COMPELLING DISCOVERY

Current through August 31, 2023
The presiding officer may impose all sanctions recognized by
				statute or rules for failure to comply with an order compelling discovery,
				including but not limited to the sanctions listed in paragraphs (A), (B), and
				(C) of Rule 37(b)(2)  of the
				Idaho Rules of Civil Procedure. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.528 - PROTECTIVE ORDERS

Current through August 31, 2023
As authorized by statute or rule, the presiding officer may
				issue protective orders limiting access to information generated during
				settlement negotiations, discovery, or hearing. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.550 - NOTICE OF HEARING

Current through August 31, 2023
Notice of the place, date and hour of hearing will be served on
				all parties at least fourteen (14) days before the time set for hearing, unless
				the presiding officer finds by order that it is necessary or appropriate that
				the notice period to be shortened. Notices must comply with the requirements of
				Rule 551. Notices must list the names of
				the parties (or the lead parties if the parties are too numerous to name), the
				case number or docket number, the names of the presiding officer(s) who will
				hear the case, the name, address and telephone number of the person to whom
				inquiries about scheduling, hearing facilities, etc., should be directed, and
				the names of persons with whom the documents, pleadings, etc., in the case
				should be filed if the presiding officer is not the person who should receive
				those documents. If no document previously issued by the agency has listed the
				legal authority of the agency to conduct the hearing, the notice of hearing
				must do so. The notice of hearing shall state that the hearing will be
				conducted under these rules of procedure and inform the parties where they may
				read or obtain a copy. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.551 - FACILITIES AT OR FOR HEARING AND A.D.A. REQUIREMENTS

Current through August 31, 2023
All hearings must be held in facilities meeting the
				accessibility requirements of the Americans with Disabilities Act, and all
				notices of hearing must inform the parties that the hearing will be conducted
				in facilities meeting the accessibility requirements of the Americans with
				Disabilities Act. All notices of hearing must inform the parties and other
				persons notified that if they require assistance of the kind that the agency is
				required to provide under the Americans with Disabilities Act in order to
				participate in or understand the hearing, the agency will supply that
				assistance upon request a reasonable number of days before the hearing. The
				notice of hearing shall explicitly state the number of days before the hearing
				that the assistance request must be made. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.552 - METHODS FOR CONDUCTING HEARINGS

Current through August 31, 2023
Hearings may be held in person or by telephone, video or other
				electronic means, as long as each participant in the hearing has an opportunity
				to participate in the entire proceeding while it is taking place.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.553 - CONFERENCE AT HEARING

Current through August 31, 2023
In any proceeding the presiding officer may hold a conference
				with the parties before hearing or during a recess at the hearing to discuss
				formulation or simplification of the issues, admissions of fact or
				identification of documents to avoid unnecessary proof, exchanges of documents,
				exhibits or prepared testimony, limitation of witnesses, establishment of order
				of procedure, and other matters that may expedite orderly conduct of the
				hearing. The presiding officer shall state the results of the conference on the
				record. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.554 - PRELIMINARY PROCEDURE AT HEARING

Current through August 31, 2023
Before taking evidence the presiding officer will call the
				hearing to order, take appearances of parties, and act upon any pending motions
				or petitions. The presiding officer may allow opening statements as necessary
				or appropriate to explain a party's presentation of evidence. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.555 - CONSOLIDATION OF PROCEEDINGS

Current through August 31, 2023
The agency may consolidate two (2) or more proceedings for
				hearing upon finding that they present issues that are related and that the
				rights of the parties will not be prejudiced. In consolidated hearings the
				presiding officer determines the order of the proceeding. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.556 - STIPULATIONS

Current through August 31, 2023
Parties may stipulate among themselves to any fact at issue in
				a contested case by written statement filed with the agency or by oral
				statement at hearing. A stipulation binds all parties agreeing to it only
				according to its terms. The presiding officer may regard a stipulation as
				evidence or may require additional evidence supporting the facts stipulated.
				The presiding officer is not required to adopt the facts set forth in a
				stipulation of the parties, but may do so. If the presiding officer rejects a
				stipulation, they will do so before issuing a final order, and will provide an
				additional opportunity for the parties to present evidence and arguments on the
				subject matter of the rejected stipulation. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.558 - TESTIMONY UNDER OATH

Current through August 31, 2023
All testimony presented in formal hearings will be given under
				oath. Before testifying each witness must swear or affirm that the testimony
				the witness will give before the agency is the truth, the whole truth, and
				nothing but the truth. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.559 - PARTIES AND PERSONS WITH SIMILAR INTERESTS

Current through August 31, 2023
If two (2) or more parties or persons have substantially like
				interests or positions, to expedite the proceeding and avoid duplication, the
				presiding officer may limit the number of them who testify, examine witnesses,
				or make and argue motions and objections. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.561 - ORAL ARGUMENT

Current through August 31, 2023
The presiding officer may set and hear oral argument on any
				matter in the contested case on reasonable notice according to the
				circumstances. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.562 - BRIEFS - MEMORANDA - PROPOSED ORDERS OF THE PARTIES - STATEMENTS OF POSITION - PROPOSED ORDER OF THE PRESIDING OFFICER

Current through August 31, 2023
In any contested case, any party may ask to file briefs,
				memoranda, proposed orders of the parties or statements of position, and the
				presiding officer may request briefs, proposed orders of the parties, or
				statements of position. The presiding officer may issue a proposed order and
				ask the parties for comment upon the proposed order. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.600 - RULES OF EVIDENCE - EVALUATION OF EVIDENCE

Current through August 31, 2023
Evidence should be taken by the agency to assist the parties'
				development of a record, not excluded to frustrate that development. The
				presiding officer is not bound by the Idaho Rules of Evidence. No informality
				in any proceeding or in the manner of taking testimony invalidates any
				resulting order. The presiding officer, with or without objection, may exclude
				evidence that is irrelevant, unduly repetitious, inadmissible on constitutional
				or statutory grounds, or on the basis of any evidentiary privilege provided by
				statute, rule or recognized in the courts of Idaho. All other evidence may be
				admitted if it is of a type commonly relied upon by prudent persons in the
				conduct of their affairs. The agency's experience, technical competence and
				specialized knowledge may be used in evaluation of evidence. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.601 - DOCUMENTARY EVIDENCE

Current through August 31, 2023
Documentary evidence may be received in the form of copies or
				excerpts. Upon request, parties shall be given an opportunity to compare the
				copy with the original if available. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.602 - OFFICIAL NOTICE - AGENCY STAFF MEMORANDA

Current through August 31, 2023
The presiding officer may take official notice of any facts
				that could be judicially noticed in the courts of Idaho, of generally
				recognized technical or scientific data or facts within the agency's
				specialized knowledge and records of the agency. The presiding officer may ask
				agency staff to prepare reports or memoranda to be used in deciding a contested
				case, and all such reports and memoranda shall be officially noticed by the
				presiding officer. The presiding officer shall notify the parties of specific
				facts or material noticed and the source of the material noticed, including any
				agency staff memoranda and data. This notice should be provided either before
				or during the hearing, and must be provided before the issuance of any order
				that is based in whole or in part on facts or material officially noticed.
				Parties must be given an opportunity to contest and rebut the facts or material
				officially noticed. When the presiding officer proposes to take official notice
				of agency staff memoranda or agency staff reports, responsible staff employees
				or agents shall be made available for cross-examination if any party timely
				requests their availability. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.603 - OBJECTIONS - OFFERS OF PROOF

Current through August 31, 2023
Grounds for objection to the admission or exclusion of evidence
				must be stated briefly at the time the evidence is offered. An offer of proof
				for the record consists of a statement of the substance of the excluded
				evidence. When a party objects to the admission of evidence, the presiding
				officer will rule on the objection. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.604 - EXHIBITS

Current through August 31, 2023
The presiding officer may assign exhibit numbers to be used by
				the parties in preparation of proposed exhibits. Exhibits prepared for hearing
				should ordinarily be typed or printed on eight and one-half inch (8 1/2") by
				eleven inch (11") white paper, except that maps, charts, photographs and
				non-documentary exhibits may be introduced on the size or kind of paper
				customarily used for them. A copy of each documentary exhibit must be furnished
				to each party present and to the presiding officer, except for unusually bulky
				or voluminous exhibits that have previously been made available for the
				parties' inspection. Copies must be of good quality. Exhibits identified at
				hearing are subject to appropriate and timely objection before the close of
				proceedings. Exhibits to which no objection is made are automatically admitted
				into evidence without motion of the sponsoring party. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.610 - CONFIDENTIALITY OF SETTLEMENT NEGOTIATIONS

Current through August 31, 2023
Settlement negotiations in a contested case are confidential,
				unless all participants to the negotiation agree to the contrary in writing.
				Facts disclosed, offers made and all other aspects of negotiation (except
				agreements reached) in settlement negotiations in a contested case are not part
				of the record unless ordered by the presiding officer upon a stipulation by all
				parties to a contested case. If the parties to a contested case participate in
				mediation, I.R.E. 507 applies and the mediation privilege is recognized.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.611 - SUGGESTION FOR OR INQUIRY ABOUT SETTLEMENTS

Current through August 31, 2023
Through notice or order or on the record at prehearing
				conference or hearing, the presiding officer may inquire of the parties in any
				proceeding whether settlement negotiations are in progress or are contemplated
				or may invite the parties to consider settlement of an entire proceeding or
				certain issues. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.612 - CONSIDERATION OF SETTLEMENTS

Current through August 31, 2023
The presiding officer is not bound by settlement agreements and
				will independently review any proposed settlement. When a settlement is
				presented to the presiding officer, the presiding officer will prescribe
				procedures appropriate to the nature of the settlement to consider the
				settlement. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.650 - RECORD FOR DECISION

Current through August 31, 2023
01.
Official
			 Record
. The agency shall maintain an official record including the items
			 described in section
			 67-5249, Idaho Code for each
			 contested case and (unless statute provides otherwise) base its decision in a
			 contested case on the official record for the case. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.651 - RECORDING OF HEARINGS

Current through August 31, 2023
The agency shall make an audio or video recording of all
				hearings at the agency's expense. The agency may provide a transcript of the
				proceeding at its own expense. Any party may have a transcript prepared at its
				own expense. If the transcript prepared at the expense of a party is deemed by
				the presiding officer to be the official transcript of the hearing, the party
				shall furnish the agency a copy of the transcript without charge.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.700 - NOTICE OF PROPOSED DEFAULT AFTER FAILURE TO APPEAR OR RESPOND

Current through August 31, 2023
If a party fails to appear at the time and place set for
				hearing, prehearing conference, status conference, or informal settlement
				conference, or fails to respond to a written information inquiry, the agency
				may serve upon all parties a notice of a proposed default against the absent or
				non-responsive party. The notice of a proposed default order shall include a
				statement that the default order is proposed to be issued because of a failure
				of the subject party to appear at the time and place set for hearing or
				prehearing conference, or informal settlement conference or to respond to an
				information inquiry. The notice of proposed default order shall be served
				consistent with Rule 53.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.701 - SEVEN DAYS TO CHALLENGE PROPOSED DEFAULT ORDER

Current through August 31, 2023
Within seven (7) days after the service of the notice of
				proposed default order, the party against whom it was filed may file a written
				petition requesting that a default order not be entered. The petition must
				state the grounds why the petitioning party believes that default should not be
				entered. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.702 - ISSUANCE OF DEFAULT ORDER

Current through August 31, 2023
The agency shall promptly issue a default order or withdraw the
				notice of proposed default order after expiration of the seven (7) day time
				period to file a petition challenging the proposed default order. If a default
				order is issued, all further proceedings necessary to complete the contested
				case shall be conducted without participation of the party in default. All
				issues in the contested case shall be determined, including those affecting the
				defaulting party. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.710 - INTERLOCUTORY ORDERS

Current through August 31, 2023
Interlocutory orders or intermediate orders are orders that do
				not decide all previously undecided issues presented in a proceeding, except
				the presiding officer may by order decide some of the issues presented in a
				proceeding and provide that the decision on those issues is final and subject
				to review by reconsideration or exceptions filed with the agency head, or
				judicial review in district court, but is not final on other issues. Unless an
				order contains or is accompanied by a document containing one (1) of the
				paragraphs set forth in Rules
				720,
				730 or
				740 or a paragraph substantially
				similar, the order is interlocutory. The following orders are always
				interlocutory: orders joining, consolidating or separating issues, proceedings
				or parties; orders granting or denying intervention; orders scheduling
				prehearing conferences, discovery, hearing, oral arguments or deadlines for
				written submissions; and orders authorizing, compelling or refusing to compel
				discovery. Interlocutory orders may be reviewed by the presiding officer
				issuing the order pursuant to Rules
				711,
				760, and
				770. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.711 - REVIEW OF INTERLOCUTORY ORDERS

Current through August 31, 2023
Any party or person affected by an interlocutory order may
				petition the presiding officer to review the interlocutory order. The presiding
				officer may rescind, alter or amend any interlocutory order on the presiding
				officer's own motion, but will not on the presiding officer's own motion review
				any interlocutory order affecting any party's substantive rights without giving
				all parties notice and an opportunity for written comment. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.720 - RECOMMENDED ORDERS

Current through August 31, 2023
01.
Definition
. Recommended orders are orders issued by a person other than
			 the agency head that will become a final order of the agency only after review
			 of the agency head (or the agency head's designee) pursuant to Section
			 67-5244, Idaho Code.
			 (3-18-22)
02.
Contents
. Every recommended order must contain or be accompanied by a
			 document containing the following paragraphs or substantially similar
			 paragraphs: (3-18-22)
a. This is a recommended
			 order of the hearing officer. It will not become final without action of the
			 agency head. (3-18-22)
b. Any party
			 may file a petition for reconsideration of this recommended order with the
			 hearing officer within fourteen (14) days of the service date of this order.
			 The hearing officer issuing this recommended order will dispose of any petition
			 for reconsideration within twenty-one (21) days of its receipt, or the petition
			 will be considered denied by operation of law. See Section
			 67-5243(3), Idaho
			 Code. (3-18-22)
c. Any party may in
			 writing support or file exceptions to any part of this recommended order and
			 file briefs in support of the party's position with the agency head or designee
			 on any issue in the proceeding within fourteen (14) days after (a) the service
			 date of this recommended order, (b) the service date of a denial of a petition
			 for reconsideration from this recommended order, or (c) the failure within
			 twenty-one (21) days to grant or deny a petition for reconsideration from this
			 recommended order. (3-18-22)
d. If
			 no party files exceptions to the recommended order with the agency head or
			 designee, the agency head or designee will issue a final order within fifty-six
			 (56) days after: (3-18-22)
i. The last day a
			 timely petition for reconsideration could have been filed with the hearing
			 officer; (3-18-22)
ii. The service
			 date of a denial of a petition for reconsideration by the hearing officer; or
			 (3-18-22)
iii. The failure within
			 twenty-one (21) days to grant or deny a petition for reconsideration by the
			 hearing officer. (3-18-22)
e. Written briefs in support of or taking
			 exceptions to the recommended order shall be filed with the agency head (or
			 designee of the agency head). Opposing parties shall have fourteen (14) days to
			 respond. The agency head or designee may schedule oral argument in the matter
			 before issuing a final order. The agency head or designee will issue a final
			 order within fifty-six (56) days of receipt of the written briefs or oral
			 argument, whichever is later, unless waived by the parties or for good cause
			 shown. The agency head or designee may hold additional hearings or may remand
			 the matter for further evidentiary hearings if further factual development of
			 the record is necessary before issuing a final order.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.750 - ORDER NOT DESIGNATED

Current through August 31, 2023
If an order does not designate itself as recommended,
				preliminary or final at its release, but is designated as recommended,
				preliminary or final after its release, its effective date for purposes of
				reconsideration or appeal is the date of the order of designation. If a party
				believes that an order not designated as a recommended order, preliminary order
				or final order according to the terms of these rules should be designated as a
				recommended order, preliminary order or final order, the party may move to
				designate the order as recommended, preliminary, or final, as appropriate.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.760 - MODIFICATION OF ORDER ON PRESIDING OFFICER'S OWN MOTION

Current through August 31, 2023
A hearing officer issuing a recommended or preliminary order
				may modify the recommended or preliminary order on the hearing officer's own
				motion within fourteen (14) days after issuance of the recommended or
				preliminary order by withdrawing the recommended or preliminary order or by
				issuing a substitute recommended or preliminary order. The agency head may
				modify or amend a final order of the agency (be it a preliminary order that
				became final because no party challenged it or a final order issued by the
				agency head itself) at any time before notice of appeal to District Court has
				been filed or the expiration of the time for appeal to District Court,
				whichever is earlier, by withdrawing the earlier final order or by substituting
				a new final order for it. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.770 - CLARIFICATION OF ORDERS

Current through August 31, 2023
Any party may petition to clarify any order, whether
				interlocutory, recommended, preliminary or final. Petitions for clarification
				from final orders do not suspend or toll the time to petition for
				reconsideration or appeal the order. A petition for clarification may be
				combined with a petition for reconsideration or stated in the alternative as a
				petition for clarification and/or reconsideration. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.780 - STAY OF ORDERS

Current through August 31, 2023
Any party may petition the agency to stay any order, whether
				interlocutory or final. Interlocutory or final orders may be stayed by the
				judiciary according to statute. The agency may stay any interlocutory or final
				order on its own motion. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.790 - PERSONS WHO MAY FILE A PETITION FOR JUDICIAL REVIEW

Current through August 31, 2023
Pursuant to Section
				67-5270, Idaho Code, any party
				aggrieved by a final order of an agency in a contested case may file a petition
				for judicial review with the district court. Pursuant to Section
				67-5271, Idaho Code, a party is
				not entitled to judicial review of an agency action in district court until
				that person has exhausted all administrative remedies available with the
				agency, but a preliminary, procedural, or intermediate agency action or ruling
				is immediately reviewable in district court if review of the final agency
				action would not provide an adequate remedy. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.01 - COMPREHENSIVE STATE WATER PLAN RULES › Section 37.02.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Board promulgates these rules pursuant to authority
				provided by Sections
				42-1734D and
				42-1734A, Idaho Code.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.01 - COMPREHENSIVE STATE WATER PLAN RULES › Section 37.02.01.001 - SCOPE

Current through August 31, 2023
The purpose of these rules is to establish the procedures and
				notice used by the Idaho Water Resource Board for designating a waterway as an
				interim protected river. (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.01 - COMPREHENSIVE STATE WATER PLAN RULES › Section 37.02.01.010 - DEFINITIONS

Current through August 31, 2023
01.
Alteration
. Any activity
			 using mechanized equipment that moves or overturns gravel or earth.
			 (3-31-22)
02.
Board
.
			 The Idaho Water Resource Board. (3-31-22)
03.
Hydropower Project
. Any
			 development that uses a flow of water as a source of electrical or mechanical
			 power, or that regulates the flow of water for the purpose of generating
			 electrical or mechanical power, including powerhouses, dams, water conduits,
			 transmission lines, water impoundments, roads, and other appurtenant works and
			 structures. (3-31-22)
04.
Natural River
. A waterway that possesses outstanding fish and
			 wildlife, recreation, geologic or aesthetic values, is free of substantial
			 existing man-made impoundments, dams or other structures, and has riparian
			 areas that are largely undeveloped, although accessible in places by trails and
			 roads. (3-31-22)
05.
Recreational River
. A waterway that possesses outstanding fish and
			 wildlife, recreation, geologic or aesthetic values, and might include some
			 man-made development within the waterway or within the riparian area of the
			 waterway. (3-31-22)
06.
Riparian Area
. That area within one hundred (100) feet of the mean
			 highwater mark of a waterway. (3-31-22)
07.
Stream Bed
. A natural water
			 course of perceptible extent with definite bed and banks that confines and
			 conducts the water of a waterway that lies below and between the ordinary high
			 water mark on either side of that waterway. (3-31-22)
08.
Waterway
. A river, stream,
			 creek, lake or spring, or a portion thereof, and does not include any tributary
			 thereof. (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.01 - COMPREHENSIVE STATE WATER PLAN RULES › Section 37.02.01.015 - INTERIM PROTECTED RIVERS

Current through August 31, 2023
01.
Board
			 Initiative
. The board may consider a waterway for designation as an
			 interim protected river upon its own initiative. (3-31-22)
02.
Petitions
. The board will
			 accept petitions requesting the board to designate a waterway as an interim
			 protected river only from a state agency. The acceptability of a petition
			 requiring clarification or corrections shall be determined by the director.
			 (3-31-22)
03.
Form
.
			 Petitions shall be in writing, signed by the agency head, and shall describe
			 the waterway, or portion thereof, requested to be designated as an interim
			 protected river. (3-31-22)
04.
Filing
. No petition will be considered by the board at a board
			 meeting unless it is filed at least thirty (30) days prior to such board
			 meeting. (3-31-22)
05.
Board
			 Agenda
. The board agenda will include time for representatives of the
			 petitioning agency to describe the agency's reasons for seeking interim
			 protection for that waterway. (3-31-22)
06.
Board Determination
. At a
			 board meeting the board shall determine whether the nominated waterway merits
			 designation as an interim protected river. The determination shall be based on
			 a finding that: (3-31-22)
a. It is probable
			 that the waterway would be designated a protected river in the comprehensive
			 state water plan; and (3-31-22)
b.
			 Interim protected river status is necessary to protect the values that would
			 support such waterway's designation as a protected river in a comprehensive
			 state water plan. (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.01 - COMPREHENSIVE STATE WATER PLAN RULES › Section 37.02.01.025 - PETITIONS TO EXEMPT SPECIFIC PROJECTS FROM INTERIM PROTECTED RIVERS

Current through August 31, 2023
01.
Petitions to Exempt Specific Action
			 or Projects
. Petitions proposing exemption for a specific project from
			 the interim protected river designation shall be in writing, signed by the
			 owner, operator, or designated official of the petitioner, and describe the
			 proposed action or project and its location. No petition will be considered by
			 the board at a board meeting unless filed at least thirty (30) days prior to
			 such board meeting. (3-31-22)
02.
Board Agenda
. The board agenda will include time for the
			 petitioner or his representative to describe how the proposed action or project
			 would not significantly impair the values supporting a waterway's designation
			 as an interim protected river. The burden shall be on the petitioner to show
			 that the proposed action will not impair those values supporting a waterway's
			 designation as an interim protected river. (3-31-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.03 - WATER SUPPLY BANK RULES › Section 37.02.03.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. The title of this chapter is IDAPA 37.02.03, "Water Supply
			 Bank Rules." (3-18-22)
02.
Scope
. These rules were first adopted by the Water Resource Board
			 in October 1980 as mandated by Section
			 42-1762, Idaho Code enacted in
			 1979. The rules govern the Board's operation and management of a Water Supply
			 Bank provided for in Sections
			 42-1761 to
			 42-1766, Idaho Code. The purposes
			 of the Water Supply Bank, as defined by statute, are to encourage the highest
			 beneficial use of water; provide a source of adequate water supplies to benefit
			 new and supplemental water uses; and provide a source of funding for improving
			 water user facilities and efficiencies. These rules are to be used by the Water
			 Resource Board in considering the purchase, sale, lease or rental of natural
			 flow or stored water, the use of any funds generated therefrom, and the
			 appointment of local committees to facilitate the lease and rental of stored
			 water. The purchase, sale, lease or rental of water shall be in compliance with
			 state and federal law. The adoption of these rules is not intended to prevent
			 any person from directly selling or leasing water by transactions outside the
			 purview of the Water Supply Bank Rules where such transactions are otherwise
			 allowed by law. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.02.03 - WATER SUPPLY BANK RULES › Section 37.02.03.010 - DEFINITIONS

Current through August 31, 2023
01.
Board
. The Idaho Water
			 Resource Board. (3-18-22)
02.
Board's Water Supply Bank
. The water exchange market operated
			 directly by the Board to facilitate marketing of water rights.
			 (3-18-22)
03.
Director
. The Director of the Idaho Department of Water Resources.
			 (3-18-22)
04.
Department
. The Idaho Department of Water Resources.
			 (3-18-22)
05.
Lease
.
			 To convey by contract a water right to the Board's water supply bank or stored
			 water to a rental pool operated by a local committee. (3-18-22)
06.
Local Committee
. The
			 committee which has been designated by action of the Board to facilitate
			 marketing of stored water by operating a rental pool pursuant to Section
			 42-1765, Idaho Code.
			 (3-18-22)
07.
Natural
			 Flow
. Water or the right to use water that exists in a spring, stream,
			 river, or aquifer at a certain time and which is not the result of the storage
			 of water flowing at a previous time. (3-18-22)
08.
Rent
. To convey by contract
			 a water right from the Board's water supply bank or stored water from a rental
			 pool. (3-18-22)
09.
Rental
			 Pool
. A market for exchange of stored water operated by a local
			 committee. (3-18-22)
10.
Stored Water
. Water made available by detention in surface
			 reservoirs or storage space in a surface reservoir. (3-18-22)
11.
Water Right
. The right to
			 divert and beneficially use the public waters of the state of Idaho including
			 any storage entitlement. (3-18-22)
12.
Water Supply Bank
. The water
			 exchange market operated by the Water Resource Board pursuant to Section
			 42-1761 through
			 42-1766, Idaho Code, and these
			 rules and is a general term which includes the Board's water supply bank and
			 rental pools. (3-18-22)
13.
Year
. A time period of twelve (12) consecutive months.
			 (3-18-22)
14.
Person
.
			 Any company, corporation, association, firm, agency, individual, partnership,
			 Indian tribe, government or other entity. (3-18-22)