Idaho AG Opinions — 1988

Eighteen-month permanency planning review hearings, required by federal Adoption Assistance and Child Welfare Act, are not contested cases and thus need not comply with Idaho Administrative Procedure Act.

Small breweries holding brew pub license can sell to retailers without obtaining wholesaler’s license.

State’s full civil and criminal jurisdiction extends to all activities on Idaho side of main navigable channel of river forming state boundary.

Department may issue water right permit to landowner for stock watering purposes even though landowner leases land to another to graze stock.

Commission may require Indian employers doing business within reservation to comply with workers’ compensation laws; however, Commission may not bring action to enforce laws against tribal government or tribally-owned business.

Filing application for change of water right does not toll running of forfeiture period for nonuse of right.

Expansion of municipal water system is ordinary and necessary expense not requiring voter approval of debt.

Mud Lake embankment is a dam; Board must regulate it as such or be liable for damage cause by failure to regulate.

Endowment Fund Investment Board could constitutionally enter into securities lending agreements and sell covered call options, if legislation permitting such were enacted and if fiduciary obligations were met.