42-3909. DISAPPROVAL OF APPLICATION — OWNER OR OPERATOR ENTITLED TO HEARING — PROCEDURE — JUDICIAL REVIEW. Any owner or operator aggrieved by the disapproval of an application or by the conditions imposed in a permit shall upon request therefor in writing within thirty (30) days after receipt of notice of such disapproval or conditional approval, be afforded an opportunity for a hearing before the water resources board, such hearing to be conducted in accordance with chapter 52, title 67, Idaho Code, at a place convenient to the owner or operator. Such hearing shall be held for the purpose of determining whether the permit should be issued or whether the conditions imposed in a permit are reasonable, or whether a change in circumstances warrants a change in the conditions imposed in a valid permit. For purposes of such hearing the water resource board shall have power to administer oaths, examine witnesses, and issue in the name of the board subpoenas requiring testimony of witnesses and the production of evidence relevant to any matter in the hearing. A certified transcript of the proceedings and the evidence received at such hearing shall be maintained by the board. The board shall affirm, modify or reject the director’s decision, and make its decision in the form of an order to the director. Judicial review of a final determination by the board may be secured by the owner or operator by filing a petition for review as prescribed by chapter 52, title 67, Idaho Code, in the district court of the county wherein the injection well is situated. The petition for review shall be served upon the chairman of the water resource board and upon the attorney general as provided by the Idaho rules of civil procedure.
History:
[42-3909, added 1971, ch. 301, sec. 9, p. 1235; am. 1974, ch. 20, sec. 44, p. 533; am. 1984, ch. 155, sec. 10, p. 376.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Section 42-3901 - GROUND WATER AS PUBLIC RESOURCE — PROTECTION.
Section 42-3902 - DEFINITIONS.
Section 42-3902A - PROHIBITION OF INJECTION OF HAZARDOUS WASTES AND OF RADIOACTIVE WASTES.
Section 42-3903 - DEEP INJECTION WELLS — CONSTRUCTION — MODIFICATION — USE — PERMIT REQUIRED.
Section 42-3903A - SHALLOW INJECTION WELLS — AUTHORIZATION FOR CONSTRUCTION AND USE.
Section 42-3905 - FEES — TRANSMITTED TO STATE TREASURER.
Section 42-3907 - DEPARTMENT OF WATER RESOURCES — PUBLIC NOTICE AND INVESTIGATION.
Section 42-3908 - PERMIT APPROVING CONSTRUCTION AND USE — CONDITIONS — REJECTION OF APPLICATION.
Section 42-3910 - CANCELLATION OF PERMIT — NOTICE — HEARING — REVIEW.
Section 42-3911 - FAILURE TO OBTAIN REQUIRED PERMIT OR SUBMIT REQUIRED INFORMATION — PENALTY.
Section 42-3912 - DRILLERS — MUST BE LICENSED — APPROVED PERMITS — CERTIFIED COPIES.
Section 42-3913 - MINIMUM STANDARDS — RULES AND REGULATIONS — ADOPTION.
Section 42-3914 - BOARD TO ESTABLISH STANDARDS.
Section 42-3915 - ADOPTION OF REGULATIONS.
Section 42-3916 - ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF.
Section 42-3917 - CIVIL PENALTIES — INJECTION OF HAZARDOUS AND RADIOACTIVE WASTES.
Section 42-3918 - CEASE AND DESIST ORDERS — INJECTION OF HAZARDOUS AND RADIOACTIVE WASTES.
Section 42-3919 - CRIMINAL PENALTY — WILLFUL VIOLATION — VIOLATION OF CEASE AND DESIST ORDER.