Adjudication

In Idaho, establishing a water right requires that water is diverted and put to beneficial use. If there is no history of diversion and use, then a water right has not been established. 

Prior to March 25, 1963, for ground water, and May 20, 1971, for surface water, a water right could be established by simply diverting water and putting it to beneficial use.  The permit system for establishing a water right became mandatory for uses developed from ground water after March 25, 1963 (except for domestic purposes as defined by Section 42-111, Idaho Code), and for uses developed from surface water after May 20, 1971 (except for watering stock directly from streams).

Yes, most claimants complete the Notice of Claim forms without requiring additional assistance. The online, claim-filing procedure steps you through the process. To get started, review the Before You Start information on the Online Claims Taking page.

If an adjudication claim is required for your water use, failure to file that claim before the final decree will result in a determination that the water right no longer exists. However, water users with small domestic and/or stockwater rights, as defined in Idaho Code §§ 42-111 & 42-1401A, may defer (postpone) filing a claim until a later time in the adjudication proceeding.  Although a deadline for filing claims for these “deferrable” domestic and stockwater rights has not been set, the opportunity to defer filing is not indefinite.  At some future time, the court will establish a filing deadline for small domestic and stockwater rights.  IDWR recommends filing a claim for a small domestic or stockwater right now and not deferring.

No.  An adjudication is a court action for the determination of existing water rights.  When you want to begin using water, contact the Idaho Department of Water Resources to file an application for permit.

If you are supplied water by a city, water district, or other water delivery organization, that entity should file a claim for your use.

You can verify that your water delivery organization has filed a claim by using the Water Right & Adjudication Search or by contacting your water delivery organization.

There is a one-time fee associated with filing an adjudication claim. However, the amount of those fees should not result in the need for water providers to increase bills for their customers.

A combination of water right claim filing fees and Idaho General Tax Fund appropriations will pay for the adjudication. Current estimates place the ratio at approximately 1/10 fees and 9/10 general fund dollars.

The Idaho Legislature would need to pass new legislation in order to impose a tax on private wells.

No.  An adjudication determines the priority and other elements of existing water rights.  It does not address the day-to-day administration of water rights.  This is not to say IDWR would never require a well to be metered.  For example, if a dispute arose between water users over the impact of ground water pumping on the supply of water available to water right owners, IDWR may require metering of the wells involved in the dispute.  However, IDWR does not have the directive, need, or resources to require meters on all private domestic wells.