>>Water Rights

Hearing Procedures

Two Types of Hearings

IDWR conducts two general types of hearings identified as "public hearings" and "contested case hearings". Public hearings provide for the participation of all interested parties. In contested case hearings, however, only designated parties can participate in the hearing as full parties.

Public hearings and contested case hearings are generally conducted by a hearing officer who has been appointed by the Director of the IDWR.

Hearing Officer

The hearing officer is "neutral" in a contested case matter and hears both sides of the contested matter. The hearing officer, however, can consider only certain criteria which has been established by law in contested matters, even though there may be other matters of concern to parties.

The hearing officer has an obligation to create an orderly hearing record while at the same time providing full opportunity to the parties to be heard.

Procedures

In a contested case hearing, parties may represent themselves or may choose to be represented by legal counsel.

An electronic recording of the hearing is made which serves as the official record.

Testimony of witnesses must be given under oath and may be cross-examined by opposing parties. The hearing officer will then allow redirect testimony and re-cross examination of the testimony.

Exhibits may be introduced and offered for admission. In administrative hearings, the strict rules of evidence are relaxed.

The applicant generally has the burden of proof and will proceed first with its presentation including testimony of witnesses and offered exhibits.

Following the applicant's presentation, the protestant(s) may present their case including testimony of witnesses and offered exhibits.

The hearing is the opportunity for the parties to present their case. The hearing officer will not continue the hearing to allow parties to obtain exhibits or to gather witnesses which the parties did not think they might need.

Official Record

The hearing officer will officially notice certain information such as the application, past decisions of the department, water right records, reports, well driller reports, water measurements and flow records. Official notice means that the information noticed becomes a part of the record without the necessity of having that information specifically offered as exhibits in the hearing. This notice results in a more time efficient hearing.

The hearing officer will generally premark proposed exhibits prior to the start of the hearing. Hence, parties do not need to premark exhibits. Parties do, however, need to bring to the hearing a copy of each proposed exhibit for the hearing officer and for every full party in the proceeding.

Recommended & Final Order

After the hearing, the hearing officer will issue a Recommended Order based on the evidence and testimony presented at the hearing. Any party in the matter may file a Petition for Reconsideration, Exceptions and Briefs in connection with the recommended order.

After reviewing and considering such petitions, exceptions and briefs that may be filed, the IDWR Director will issue a Final Order. Any party may file a petition for reconsideration of the final order and may seek review of a Final Order in district court.