A possible scenario, let's consider the following

[samiaseo222]

To order the installation and maintenance of approved measuring devices consistent with the purposes of section 42-701, Idaho Code.

42-1701 creates the department of water resources and empowers its director, as well as allowing him to delegate his authority to his agents and employees.

This section also states that department job function email list personnel may make reasonable entry upon any lands in the state for the purposes of investigations, surveys, etc.

By creating a water czar, the legislature has opened the door to arbitrary actions by a single individual, or by those acting under his authority. Under the statutory appeals process, appellants must first proceed through the water board, and then the district courts, and so on, up the appeals chain. This is a process that denies due process (due to the costs involved) to many small water rights holders.

If the state claims primacy over all waters in the state, then the state supreme court should retain original jurisdiction. That way, any appeals of water rights would proceed directly to the Supreme Court. There should be provision for hearings to be held prior to pending water board actions, rather than after them.