Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.02 - BENEFICIAL USE EXAMINATION RULES › Section 37.03.02.030 - QUALIFICATION, EXAMINATION AND APPOINTMENT OF CERTIFIED WATER RIGHT EXAMINER

Current through August 31, 2023
01.
Consideration
. Any
			 professional engineer or geologist qualified and registered in the state of
			 Idaho who has the knowledge and experience necessary to satisfactorily complete
			 water right field examinations as determined by the Director shall be
			 considered for appointment as a water right examiner upon application to the
			 Director. The application shall be in the form prescribed by the Director and
			 shall be accompanied by a non-refundable fee in the amount provided by statute.
			 (3-18-22)
02.
Information
. The Director may require an applicant for appointment
			 to the position of water right examiner to provide detailed information of past
			 experience, provide references, and to satisfactorily complete a written or
			 oral examination. (3-18-22)
03.
Denial
. If the Director determines an applicant is not qualified,
			 the application will be denied. If the Director determines an applicant is
			 qualified, a certificate of appointment will be issued. (3-18-22)
04.
Expiration
. Every water
			 right examiner certificate of appointment shall expire March 31 of each year
			 unless renewed by application in the manner prescribed by the Director. A
			 non-refundable fee in the amount provided by statute shall accompany an
			 application for renewal. (3-18-22)
05.
Refusal or Revocation
. An
			 appointment or renewal may be refused or revoked by the Director at any time
			 upon a showing of reasonable cause. A party aggrieved by an action of the
			 Director may request an administrative hearing pursuant to Section
			 42-1701A(3),
			 Idaho Code. (3-18-22)
06.
Reconsideration
. An application for appointment or renewal which
			 has been refused or revoked by the Director may not be reconsidered for six (6)
			 months. (3-18-22)
07.
Liability
. The state of Idaho shall not be liable for the compensation
			 of any water right examiner other than department employees. The permit holder
			 shall be responsible for costs associated with proof submittal including
			 examination and field report preparation. (3-18-22)
08.
Examinations
. The Director
			 may authorize sufficiently knowledgeable and experienced department employees
			 to conduct water right examinations during the course and scope of their
			 employment with the department. Upon termination of employment with the
			 department, such examiners, unless reappointed as a non-department certified
			 examiner under provisions of these rules, are not authorized to conduct field
			 examinations. The fee provisions of these rules do not apply to department
			 employees. (3-18-22)
09.
Ingress or Egress Authority
. Appointment as a water right examiner does
			 not grant ingress or egress authority to non-department examiners and does not
			 convey authority unless explicitly prescribed in these rules.
			 (3-18-22)
10.
Reports
. The Director will not accept a field examination report
			 prepared by a certified water right examiner or a department employee who has
			 any past or present interest, direct or indirect, in either the water right
			 permit, the land or any enterprise benefiting, or likely to benefit, from the
			 water right. Among those that the Director will presume to have an actual or
			 potential conflict of interest and from whom he will not accept a field
			 examination report are the following: (3-18-22)
a. The person or persons owning the water
			 right permit or the land or enterprise benefiting from the water right permit,
			 members of their families (spouse, parents, grandparents, lineal descendants
			 including those that are adopted, lineal descendants of parents; and spouse of
			 lineal descendants), and their employees. (3-18-22)
b. The person or persons, who sold or
			 installed the diversion works or distribution system.
			 (3-18-22)