Water Rights Adjudication

The following FAQ is archived information and records regarding the Northern Idaho Adjudication.

General NIA FAQs

What is a water right adjudication?
An adjudication is a court proceeding that inventories and catalogs water rights existing at a snapshot in time. The court issues a decree confirming the elements of each water right. In this case, the Idaho Supreme Court designated an Idaho district court to conduct the adjudication. IDWR aids and advises the court.

Why did I receive a Commencement Notice?
Idaho law requires the IDWR Director to serve notice by mail on each person or entity owning real property within the boundaries of the water basin being adjudicated. If you own multiple properties within the boundary, you might receive more than one Commencement Notice.
Phase 3: Clark Fork-Pend Oreille River Basin Adjudication (CFPRBA) Commencement Notices

• Bonner & Boundary County property owners within Basin 97 – Mailing Group 1

• Bonner & Boundary County property owners within Basin 96 – Mailing Group 2 (pending)

• Bonner & Boundary County property owners within Basin 96 – Mailing Group 3 (pending)

• Bonner & Boundary County property owners within Basin 96 – Mailing Group 4 (pending)

• Bonner & Boundary County property owners within Basin 96 – Mailing Group 5 (pending)
  Phase 2: Palouse River Basin Adjudication (CFPRBA) Commencement Notices

• Benewah, Latah, and Nez Perce Counties within Basin 87
  Phase 1: Coeur d’Alene–Spokane River Basin Adjudication (CSRBA) – Commencement Notices

• Kootenai County property owners with Zip Code 83869

• Kootenai County property owners within Zip Code areas 83801, 83803, and 83869 and within IDWR Administrative Basin 95

• Kootenai County property owners within the Rathdrum Zip Code area 83858

• Kootenai County property owners within the Hayden Zip Code area 83835

• Kootenai County property owners within the Post Falls Zip Code area 83854

• Kootenai County property owners within the Coeur d’Alene Zip Code areas 83814, 83815, and 83816

• Kootenai County property owners within the Zip Code areas 83810, 83833, 83842, 83861, and 83876

• Benewah, Clearwater, and Latah County property owners within IDWR Administrative Basins 91, 92, 93, 94, or 95

• Bonner County property owners and within IDWR Administrative Basins 94 or 95

• Shoshone County property owners and within IDWR Administrative Basin 91, 92, or 94

How do I know if I have a water right?
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 (ground water) and May 20, 1971 (surface water), a water right could be established by simply diverting water and putting it to beneficial use. The permit system became mandatory after those dates (with limited exceptions noted in Idaho Code).

If I have undeveloped property and water has never been used on it, do I need to file a claim?
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 I receive my water from a city system or water district, do I need to file a claim?
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.

If I receive my water from a city system or water district, is my water bill going to increase because of the adjudication?
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.

Why are the Clark Fork-Pend Oreille River Basin, Palouse River Basin, and the Coeur d’Alene–Spokane River Basin being adjudicated?
Water resources in these basins (including significant underlying aquifers) are shared with the State of Washington. Both states desire agreement on how the waters will be used. To best protect Idaho users, managers must know the extent of valid Idaho water rights—an adjudication is the only way to determine this. In addition, population growth is adding pressure on resources. Under Idaho law, in a shortage, older rights have priority over newer rights (“first in time is first in right”); adjudication determines relative priorities.

Will the Idaho Department of Water Resources (IDWR) require meters on private domestic wells as part of the adjudication?
No. An adjudication determines the priority and other elements of existing water rights; it does not address day-to-day administration. While IDWR may require metering in specific disputes, it does not have the directive, need, or resources to require meters on all private domestic wells.

How will the adjudication be funded?
A combination of water right claim filing fees and Idaho General Tax Fund appropriations—currently estimated at about 1/10 fees and 9/10 general fund dollars.

What are the fees to file a claim?
Click here for the Adjudication Claim Fee Schedule.

Can I complete the claim form myself?
Yes. Most claimants complete the Notice of Claim forms without additional assistance. The online process steps you through it—see Before You Start on the Online Claims Taking page.
If you prefer to submit a paper form, visit the File a Claim page.

What happens if I don’t file a claim?
If a claim is required for your water use, failure to file before the final decree will result in a determination that the water right no longer exists. Water users with small domestic and/or stockwater rights (as defined in Idaho Code §§ 42-111 & 42-1401A) may defer filing until a later stage of the proceeding, but not indefinitely. The court will set a deadline. IDWR recommends filing now rather than deferring.

Adjudication Claim versus Application for Permit

What is the difference between an adjudication claim (“Notice of Claim”) and an application for permit?
A Notice of Claim to a Water Right is filed with IDWR in water rights adjudications. An adjudication is a court action for the determination of existing water rights, which results in a decree that confirms and defines each water right. For the CSRBA, all uses established on or before November 12, 2008 are considered existing.
New water rights are established through the IDWR permitting process using an Application for Permit. For purposes of the CSRBA, water uses first occurring after November 12, 2008 are considered new water rights.

If I have undeveloped property and water has never been used on it, do I need to file a claim?
No, an adjudication is a court action for the determination of existing water rights. When you want to begin using the water, contact IDWR to file an Application for Permit.

Will there be a way to obtain a water right for the property when I develop it?
Yes, the IDWR permitting process is for purpose of establishing new water rights.

I’ve filed in the adjudication. Can I still file an Application for Permit?
Yes, the adjudication process is separate from the IDWR permit/license procedure. The ability to file an Application for Permit for purposes of establishing new water rights will not change. IDWR encourages water users to talk with IDWR’s water agents about all of the claimant/permittee’s uses of water.

CSRBA FAQs
PRELIMINARY MAILING – Basin 95: Part 1

What is the Preliminary Director’s Report?
In the Preliminary Director’s Report, IDWR issued a Preliminary Recommendation for the elements of each water right claimed, and mailed the draft recommendations to the claimants. The Preliminary Recommendations were not filed with the CSRBA Court. The Preliminary Director’s Report is a helpful tool in that it gives claimants and IDWR the opportunity to correct errors before the Director’s Report for Basin 95: Part 1 is filed with the CSRBA Court.

If I do not submit a Notice of Error reply in connection with my water right recommendation by March 30, 2018, will I lose my water right?
No, submitting a Notice of Error reply is not required to move forward in the CSRBA. The Notice of Error process gives the water right claimant the opportunity to review the recommendation and request corrections informally before the recommendation is submitted to the CSRBA Court. There will be another opportunity to address errors and/or disagreements over the elements after the Director’s Report for Basin 95: Part 1 is filed.
The Notice of Error form is mailed to the claimant at the same time as the Preliminary Recommendations.

Can I still file an adjudication claim (“Notice of Claim”) in the CSRBA?
Yes, according to the procedural rules of the CSRBA, a claimant may file a claim with IDWR directly as long as the Director’s Report for that particular reporting area (basin, part, and so forth) has not been filed with the CSRBA Court.
However, even if a claimant did not file a claim before the issuance of the Director’s Report for Basin 95: Part 1, there is still the opportunity to file a late claim. The claimant would file a Motion to File Late Notice of Claim (Standard Form 4) with the CSRBA Court. Along with that Motion, the claimant would need to file a completed Notice of Claim to a Water Right and pay both the claim filing fee and a late claim fee.
At this time, no basin has been closed in the CSRBA.

Can I correct (amend) my claim?
If the Director’s Report in a reporting area (for example, Basin 95: Part 1) has not yet been filed, a claimant may amend the claim directly with IDWR by filing an amended Notice of Claim to a Water Right (paper form). Additional filing fees may apply.
After IDWR files the Director’s Report in a reporting area (for CSRBA, the reporting area is Basin 95: Part 1), a claimant must complete the Motion to File Amended Notice of Claim (Standard Form 3) and file it with the CSRBA Court. The CSRBA Court may require a hearing on the motion.

When will the basins in the CSRBA be closed and I can no longer file a claim?
Claims taking will continue in the CSRBA until the CSRBA Court closes a basin. Closure will be preceded by notice from the Court of its intended action, which will provide sufficient time to file any last-minute claims, and a hearing on the closure.

Do I need to file on my domestic well?
It depends. Water uses for small domestic and/or stockwater rights as defined by Idaho Code §§ 42-111 & 42-1401(A) may defer the filing until a later time in this proceeding.
However, filing a claim on your domestic use now is an easy and relatively inexpensive method to obtain a water right for your domestic water use by CSRBA Court decree.
For more information, see the CSRBA Court’s Order Establishing Procedures for the Adjudication of De Minimis Domestic and Stockwater Claims in the Coeur d’Alene-Spokane River Basin Adjudication, or contact an IDWR water agent and explain your water uses.

How do I review original documents related to my adjudication claim?
Use the Water Right & Adjudication Search to view water right records and associated documents. You can research information by water right number, your name, your company’s name, address, and so forth.
Alternatively, you may review the original application or claim and supporting information in the IDWR office where it was filed. To determine which IDWR office to visit, use the first two digits in the claim number which correspond to the IDWR Administrative Basins administered by the regional offices.

How do I check the status of my claim/recommendation with the CSRBA Court?

1. Visit the CSRBA Subcase Summary Report page.
2. In the Basin text box, type your basin number.
3. In the Subcase text box, type your sequence number and suffix (if any).
4. Click Submit Request. If you have difficulties, contact the CSRBA Court at +1-208-736-3011 or contact IDWR.

PRBA FAQs

Can I still file a claim in the PRBA?
Yes, according to the procedural rules of the PRBA, a claimant may file a claim with IDWR directly as long as the Director’s Report for that particular reporting area (basin, part, and so forth) has not been filed with the Idaho Water Adjudications Court.

However, even if a claimant did not file a claim before the issuance of the Director’s Report for Basin 87 (PRBA), there is still the opportunity to file a late claim. The claimant would file a Motion to File Late Notice of Claim (Standard Form 4) with the Idaho Water Adjudications Court. Along with that Motion, the claimant would need to file a completed Notice of Claim to a Water Right and pay both the claim filing fee and a late claim fee.