Snake River Basin Adjudication (SRBA)

Can I still file a late Notice of Claim to a Water Right for a water use that is not a deferred de minimis domestic and/or stockwater use in the SRBA (for example, a claim for: irrigation, industrial, commercial, heating, and so forth)?
No. On August 25, 2014, the Final Unified Decree for the SRBA was signed. The opportunity to file a Notice of Claim to a Water Right for a non-deferrable water use is closed.

What is a de minimis domestic and/or stockwater use?
A small water use for domestic and/or stock purposes can be considered de minimis if it meets the following:

• De minimis water use for Domestic purposes means:
  a) the use of water for homes, organization camps, public campgrounds, livestock, and any purpose in connection therewith, including irrigation of up to one-half (1/2) acre of land, if the total use is not in excess of 13,000 gallons per day, or
  b) any other uses, if the total use does not exceed a diversion rate of 0.04 cfs and a diversion volume of 2,500 gallons per day.

• De minimis domestic uses do not include water for multiple-ownership subdivisions, mobile home parks, or commercial/business establishments, unless the use meets the diversion rate and volume limits in (b) above.

• De minimis water use for Stockwater purposes means the use of water solely for livestock or wildlife where the total diversion is not in excess of 13,000 gallons per day.

What is a deferred de minimis domestic and/or stockwater use claim?
In the SRBA, certain small stockwater and domestic water right holders were not required to file claims during the adjudication and could defer filing until later. A deferred de minimis claim is one not filed before December 18, 2013, the date the Order Granting State of Idaho’s Motion for Interim Order Implementing the Order Governing Procedures of Adjudication of Deferred De Minimis Domestic and Stock Water Claims was issued.

Is there a filing deadline for a deferred de minimis domestic and/or stockwater use claim?
No. In the Final Unified Decree for the SRBA, the Court states that any domestic and/or stockwater right (as defined in Idaho Code § 42-111) “shall not be lost by failure to file a notice of claim.” Therefore, there is no deadline for filing a deferrable de minimis domestic and/or stockwater use claim.

How do I file a Notice of Claim to a Water Right with the SRBA Court?
The Court established a process for de minimis domestic and/or stockwater uses that were deferred in the SRBA (total diversion ≤ 13,000 gallons/day):

1. File a Motion for Determination of Deferred De Minimis Domestic or Stock Water Use.

2. At the same time, file the Notice of Claim to a Water Right.

See the Forms page for both forms, instructions, checklists, and supplemental forms for federal grazing allotments.
Note: De minimis means the domestic and/or stockwater diversion does not exceed 13,000 gallons per day.
Note: IDWR staff can help complete the Notice of Claim and research existing rights within a grazing allotment; IDWR does not have access to current/historic grazing permits or property chain-of-title documents.

I have a livestock operation and I want to acquire a new in-stream stockwater right on my federal grazing allotment. Do I need to file for a permit to establish a new in-stream stockwater right?
No. Under Idaho Code § 42-113, a permit may be issued but is not required for appropriation of water for in-stream watering of livestock. § 42-113(3) also exempts certain out-of-stream diversions to a trough or tank from the permit process.

I have a livestock operation and I want to acquire a new water right for the out-of-stream watering of livestock on my federal grazing allotment. Do I need to file for a permit to establish a new out-of-stream stockwater right?

• From groundwater (a well): A permit is not required if use is limited to watering livestock and total diverted/consumed volume ≤ 13,000 gallons/day.

• From surface water (spring, stream, river, lake, wetland, natural pond): A permit is required unless the use meets Idaho Code § 42-113(3). See Water Rights Forms for the Application for Permit and instructions.
  Note: The application filing date sets a prospective priority date; once approved as a permit, that filing date becomes the priority date.

My livestock operation is in the SRBA area. How do I get the Court to decree a previously-established livestock watering right (in my name or my ranch’s) associated with water used on my federal grazing allotment?
If diversion from surface water for livestock watering began before May 20, 1971, or livestock drink directly in-stream (or via a trough/tank under § 42-113(3)), you may file a Notice of Claim to a Water Right with the SRBA Court (≤ 13,000 gallons/day). You may also file a claim for groundwater-supplied stockwater (≤ 13,000 gallons/day). See the Forms page for the Notice of Claim and the Water Rights Forms page for permitting materials.
If surface-water diversion began after May 20, 1971 and does not meet § 42-113(3), or exceeds 13,000 gallons/day, file an Application for Permit for a new right.

What process do I follow if my livestock operation is in the CSRBA or PRBA?
See the Forms page for the complete list of adjudication claim forms and instructions.

What are the fees for filing a stockwater claim in an adjudication?
As of July 1, 2017: for claims where stockwater is the sole purpose and use is < 13,000 gallons/day, the filing fee is $25.00 each for the first four claims; additional stockwater-only claims incur no additional filing fees.

What evidence must I submit to establish proof of an existing water right?

• The Idaho Supreme Court in Joyce Livestock Company v. U.S. (Feb 9, 2007) held that a rancher can establish an in-stream stockwater right on federal land if authorized to access the land to graze; the right is appurtenant to the ranch’s base property.

• Submit evidence of first beneficial use date on federal land (e.g., historic grazing permit applications).

• Submit evidence of ownership: if current base-property owner differs from the owner when the right was established, provide a chain of title showing conveyance of the base property from the land patent to the current owner, demonstrating that water rights were conveyed (unless expressly reserved).
  For details, see the Checklist of Items Recommended for Each Deferred De Minimis Stockwater Use Claim.
  Note: Because a Class 1 Grazing Permit required grazing for at least five years prior to the 1934 Taylor Grazing Act, the best evidence for a 1929-or-earlier priority on a BLM allotment is the original application that led to a Class 1 Grazing Permit.

What if my livestock operation is in an area without a current adjudication? How can I get an existing right recognized?
The Kootenai River Basin has no current adjudication. Record historic use by filing a Statutory Claim to a Water Right under Idaho Code § 42-243. See Water Rights Forms for the form and instructions.

Why do I need to identify a base property?
The Joyce Livestock decision confirms that beneficial-use in-stream stockwater rights established on public domain are appurtenant to the owner’s base property (patented private land), not the public land where livestock graze/drink.

Why do I need a copy of the original grazing permit?
The original grazing permit and application can establish the priority date. A Class 1 permit indicates ownership of base property and grazing during the five years prior to the Taylor Grazing Act; the application typically states how long the applicant grazed the public range.

Why do I need to provide a chain of title for the base property?
“A water right appurtenant to real property is conveyed with the real property unless it is expressly reserved or the parties clearly intended otherwise.” Each conveyance should show whether rights were reserved; this is necessary for accurate review and recommendation in the Director’s Report.

What if I purchased a grazing permit from another livestock operation?
Grazing permits can be sold separately from base property. If water rights were established on federal land, they may be conveyed with the permit only if the sales agreement explicitly includes the water rights and the seller owns (or reserved) the appurtenant rights to the base property. A water-right transfer may be required if rights were separated from the base property and sold after Nov 19, 1987 within the SRBA boundary. If no water right was included, a new right may be established once the new permit holder begins watering livestock.

Why do I need a copy of the current grazing permit?
IDWR must verify that the claimant currently has the right to graze livestock at the claimed place of use.