42-503. FORFEITURE OF CERTAIN STOCKWATER RIGHTS. (1) Within ninety (90) days following the enactment of this section, the director of the department of water resources shall:

(a) Compile a list of all stockwater rights held by any federal agency; and

(b) Submit the list of stockwater rights to the appropriate federal agency.

(2) Following the ninety (90) day period as provided in subsection (1) of this section, the director shall, upon approval by the governor, submit an order to the federal agency identifying the stockwater right or rights held by that federal agency and requiring the federal agency to show cause before the director why the stockwater right or rights should not be lost or forfeited pursuant to section 42-222(2), Idaho Code.

(3) Any order to show cause shall contain the factual and legal basis for the order.

(4) The director shall serve a copy of any order to show cause on the stockwater right owner by personal service or by certified mail. Personal service may be completed by department personnel or a person authorized to serve process under the Idaho rules of civil procedure. Service by certified mail shall be complete upon receipt of the certified mail. If reasonable efforts to personally serve the order fail, or if the certified mail is returned unclaimed, the director may serve the order by publication by publishing a summary of the order once a week for two (2) consecutive weeks in a newspaper of general circulation in the county in which the point of diversion is located. Service by publication shall be complete upon the date of the last publication.

(5) The stockwater right owner shall have a right to an administrative hearing before the director if requested in writing within twenty-one (21) days from completion of service of the order to show cause. The water right is forfeited if the water right owner fails to timely request a hearing.

(6) If the stockwater right owner timely requests a hearing, the hearing shall be in accordance with section 42-1701A, Idaho Code, and the rules of procedure promulgated by the director. If, after the hearing, the director determines that the stockwater right has been lost and forfeited pursuant to section 42-222(2), Idaho Code, the director shall issue an order declaring the stockwater right forfeited. Judicial review of any decision of the director shall be in accordance with section 42-1701A, Idaho Code.

(7) The term "stockwater right owner" as used in this section means the owner of the stockwater right shown in the records of the department of water resources at the time of service of the order to show cause.

(8) This section applies only to stockwater rights decreed to the United States that were based on a claim of beneficial use. It does not apply to stockwater water rights decreed to the United States based on federal law or acquired pursuant to chapter 2, title 42, Idaho Code.

(9) Any forfeiture under this provision shall not prejudice the ability of the current holder of a federal grazing permit or lease to graze livestock on the place of use designated in the forfeited stockwater right from filing a claim pursuant to Idaho law.

History:

[42-503, added 2018, ch. 320, sec. 2, p. 748.]