Idaho Code 42-1804 – Successor to Commissioner of Reclamation — State Reclamation Engineer — Director of Department of Water Administration
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Whenever rights, powers and duties have heretofore been vested in, or exercised by, the commissioner of reclamation, the state reclamation engineer or the director of the department of water administration, all such rights, powers and duties are hereby transferred to and are vested in and shall be exercised by the director of the department of water resources, and every act done in the exercise of such rights, powers and duties shall have the same legal effect as if done by the former commissioner of reclamation, state reclamation engineer, or director of the department of water administration, or the department of reclamation or the department of water administration, or any deputy inspector or subordinate officer thereof, and the said director of the department of water resources shall be subject to the same obligations and duties and shall have the same rights arising from the exercise of such rights, powers and duties as if such rights, powers and duties were exercised by the said commissioner of reclamation, state reclamation engineer, or director of the department of water administration, or department of reclamation or department of water administration, deputy or subordinate officer thereof designated in the respective laws which are to be administered by the said director of the department of water resources and he shall be subject to the same penalty or penalties, civil or criminal, for failure to perform any such obligation or duty or for doing a prohibited act as if such obligation or duty or such act were prohibited in the exercise of such rights, powers or duties by the commissioner of reclamation, state reclamation engineer, or director of the department of water administration designated in the respective laws which are to be administered by the said director of the department of water resources, and the office of commissioner of reclamation, the office of state reclamation engineer, the office of director of the department of water administration each is hereby abolished and the said director of the department of water resources is hereby declared to be the successor of the said commissioner, the said engineer, or the said director of the department of water administration as to all rights, powers and duties and as to all proceedings now pending in the said department of reclamation, or department of water administration or in an appeal therefrom or in any action pending in any court of competent jurisdiction in which the said commissioner of reclamation, the state reclamation engineer, or the director of the department of water administration is a party in any such action or proceeding. All books, records, papers, documents, property, real and personal, unexpended appropriations and pending business in any way pertaining to the rights, powers and duties hereby transferred to and vested in the said director of the department of water resources shall be delivered and transferred to the said director of the department of water resources.
This act shall not affect any act done, ratified or confirmed or any right accrued or established or any action or proceeding had or commenced in a civil or criminal cause before this act takes effect but such actions or proceedings may be prosecuted and continued by the said department of water resources and the director of the department of water resources under the provisions of this act.
Terms Used In Idaho Code 42-1804
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property: includes both real and personal property. See Idaho Code 73-114
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114