Idaho Code
Idaho Code § 42-1701 (2026)
Creation of department of water resources — Director — Qualifications — Duties.
✓ current as of May 2026
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Creation of department of water resources — Director — Qualifications — Duties.
(1) There is hereby created the department of water resources, which shall, for the purposes of section 20, article IV, of the constitution of the state of Idaho, be an executive department of the state government.
(2) The executive and administrative authority of the department, except such authority as is specifically assigned by law to the water resource board, shall be vested in a director of the department of water resources who shall be: a licensed civil or agricultural engineer with not less than five (5) years of experience in the active practice of such profession; a registered geologist with not less than five (5) years of experience in the active practice of hydrology; or a hydrologist holding a bachelor’s or advanced degree in hydrology from a college or university accredited by a nationally recognized accrediting organization and with not less than five (5) years of experience in surface water and ground water modeling, water delivery and water measurement. The director of the department of water resources shall also demonstrate experience and expertise in interpreting and applying Idaho water law and shall be familiar with irrigation and other water use practices in Idaho.
(3) The director may delegate such duties as are imposed upon him by law to an employee of the department of water resources whenever in the opinion of the director, such delegation is necessary for the efficient administration of his duties.
(4) The director shall organize the department into such divisions and other administrative subunits as may be necessary in order to efficiently administer the department. All employees of the department, except the director, shall be selected and appointed by the director in conformance with the provisions of chapter 53, title 67, Idaho Code.
(5) The director and/or employees of the department of water resources may make reasonable entry upon any lands in the state for the purpose of making investigations and surveys, or for other purposes necessary to carry out the duties imposed by law.
(6) (a) Any authorization or order of the Idaho public utilities commission, under the provisions of section 61-328, Idaho Code, approving the sale, assignment or transfer of hydropower water rights used in the generation of electric power shall be issued only upon such conditions as the director of the department of water resources shall require as necessary to prevent any change in use of water under the water rights held for hydropower purposes that would cause injury to any water rights existing on the date of the sale, assignment or transfer. Any such conditions shall ensure that the public interest, as it pertains to the use of water under the hydropower water rights, will not be adversely affected. Conditions, if any, imposed by the director shall be subject to review under section 42-1701A(4), Idaho Code.
(b) Subsection (6)(a) of this section may be satisfied by a written agreement between the holder of a water right held for hydropower purposes and the governor, which agreement has been ratified by the legislature of the state of Idaho. The agreement between the governor and the Idaho power company dated October 15, 1984, and ratified by the legislature of the state of Idaho pursuant to section 42-203B, Idaho Code, and the subordination provisions relating to the Idaho power company’s water rights satisfy subsection (6)(a) of this section.
Notes of Decisions
Cited in 9
cases, 1987–2014 · leading case: Troutner v. Kempthorne, 128 P.3d 926 (Idaho 2006).
Troutner v. Kempthorne, 128 P.3d 926 (Idaho 2006). “If the Governor appointed a person as director of the Idaho Department of Resources who was not "familiar with irrigation in Idaho," as required by I.C. § 42-1701(2), a justiciable question would be presented.”
Mead v. Arnell, 791 P.2d 410 (Idaho 1990). “I.C. § 42-1701(1) (1977) ("There is hereby created the department of water resources, which shall, for the purposes of section 20, article IV, of the Constitution of the state of Idaho, be an executive department of the state government.”
State v. Hagerman Water Right Owners, Inc., 947 P.2d 400 (Idaho 1997). “I.C. §§ 42-1701 — 1778; §§ 42-1801 — 1806.”
Barron v. Idaho Dep't of Water Resources, 18 P.3d 219 (Idaho 2001). “Idaho Code section 42-1701 was amended in 1974 to provide for the creation of the IDWR.”
Marty v. State, 786 P.2d 524 (Idaho 1989). “4, §§ 5, 6; I.C. § 42-1701. Among the duties prescribed to the director is the duty "to perform such other professional duties as may be required of him by the governor.”
United States v. Hagerman Water Right Owners, Inc., 947 P.2d 409 (Idaho 1997). “” I.C. § 42-1701(3). Under the general adjudication scheme, the “Director” is synonymous with the IDWR.”
A & B Irrigation Dist. v. State, 336 P.3d 792 (Idaho 2014). “The legislature specified that the Director shall have “not less than five (5) years of experience” in one of those professions “and shall be familiar with irrigation and other water use practices in Idaho.” Id. This reaffirms the need for the Director to have the technical…”
Union Pac. R. Co. v. State of Idaho, 654 F. Supp. 1236 (D. Idaho 1987). “Idaho Code § 42-1701 . As an executive agency of the State, the Department “under the police power of the state .”
SRBA: A&B Irrigation v. State of Idaho (Idaho 2014). “The legislature specified that the Director shall have “not less than five (5) years of experience” in one of those professions “and shall be familiar with irrigation and other water use practices in Idaho.”
— Idaho Code § 42-1701(1) — 1 case
Mead v. Arnell, 791 P.2d 410 (Idaho 1990). “I.C. § 42-1701(1) (1977) ("There is hereby created the department of water resources, which shall, for the purposes of section 20, article IV, of the Constitution of the state of Idaho, be an executive department of the state government.”
— Idaho Code § 42-1701(2) — 3 cases
Troutner v. Kempthorne, 128 P.3d 926 (Idaho 2006). “If the Governor appointed a person as director of the Idaho Department of Resources who was not "familiar with irrigation in Idaho," as required by I.C. § 42-1701(2), a justiciable question would be presented.”
A & B Irrigation Dist. v. State, 336 P.3d 792 (Idaho 2014). “The legislature specified that the Director shall have “not less than five (5) years of experience” in one of those professions “and shall be familiar with irrigation and other water use practices in Idaho.” Id. This reaffirms the need for the Director to have the technical…”
SRBA: A&B Irrigation v. State of Idaho (Idaho 2014). “The legislature specified that the Director shall have “not less than five (5) years of experience” in one of those professions “and shall be familiar with irrigation and other water use practices in Idaho.”
— Idaho Code § 42-1701(3) — 1 case
United States v. Hagerman Water Right Owners, Inc., 947 P.2d 409 (Idaho 1997). “” I.C. § 42-1701(3). Under the general adjudication scheme, the “Director” is synonymous with the IDWR.”
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