Active Adjudication
On June 15, 2021, the 5th Judicial District Court issued a commencement order for the Clark Fork-Pend Oreille River Basin Adjudication, a legal process in which a court catalogs and confirms all existing water rights in the Clark Fork and Pend Oreille River Basin within the state of Idaho.
The adjudication will review all water rights held by local, state, and federal governments, Native American tribes, and private property owners. The commencement order gives water users within the Clark Fork-Pend Oreille River Basin the option of deferring the filing of small domestic and stockwater claims.
The adjudication includes both surface water and groundwater rights in those portions of Boundary, Bonner, and Kootenai Counties within the CFPRBA boundary.
The Clark Fork Adjudication is the third phase of the Northern Idaho Adjudication, following Coeur d’Alene River Basin Adjudication (CSRBA) and the Palouse River Basin Adjudication (PRBA).
Recent Activity
August 7, 2024: IDWR Mailed 1,049 preliminary recommendations to claimants in Basin 97 Part 1 which includes the southern portion of Basin 97 (see Basin Map for Part 1 and Part 2 boundaries). Preliminary recommendations in Part 2 anticipated in Fall of 2025.
Notice of Error (NOE) replies are being accepted past the October 4, 2024 deadline. However, to insure IDWR has the opportunity to review NOE replies before IDWR submits the recommendations to the Adjudication Court (Director’s Report), please return ASAP. IDWR cannot guarantee that NOE replies received after the October 4, 2024 deadline will be addressed before filing the Director’s Report to the Adjudication Court. Making changes to your recommendation after the Director’s Report is filed will require you, the claimant, to file an objection with the Court.
If you have questions, email northerninfo@idwr.idaho.gov or NIA.Help@idwr.idaho.gov.
Documents in the Mailing:
Links to Help Videos:
Previous Meetings
IDWR held 6 informational meetings September 10-11 in Coolin ID, assisting approximately 100 claimants with their preliminary recommendations.
NOTICE: Late Fees are now required for claims filed in the CFPRBA.
Exceptions: Late fees are not required for claims for small Domestic and or Stock water uses meeting the definition of domestic use described in Section 42-111, Idaho Code.
In general, a small domestic use would be for a single family domestic home where you do not exceed 1/2 acre of irrigation and 13,000 gallons per day.
And example of a small stockwater use would be use for less than 1,000 head of mixed stock.
The late fee for a claim is $50, or 15% of the original filing fee, which ever is greater. See section 42-1414(3), Idaho Code.
The online claim filing application does not include late fees when calculating the claim filing fee.
If the claim filing fee totals $25, then your claim is for a small domestic and/or stockwater use and late fees are not applicable.
If the calculated claim filing fee is greater than $25, then your claim is subject to a late fee of $50 or 15% of the original filing fee, whichever is greater.
If filing online and a late fee is required, it is recommended that you print a pay stub when submitting your clam and mailing in the paystub with calculated filing fee along with the late fee.
Note: Claims are not complete until filing fees have been paid in full. This includes any applicable late fees.
Please contact IDWR with any questions.
Past Activity
- Mailing of 2nd Round Service Commencement Notices: IDWR mailed 2nd Round Service Notice for unclaimed water rights in Basin 96.
Claim Taking Workshops
April 4-6, 2023: IDWR met with the public on a first-come first-served basis at the Ponderay Events Center, in Ponderay ID, to answer questions and help people with filing water right claims.
May 3-5, 2022: IDWR met with the public on a first-come first-served basis at the Ponderay Events Center, in Ponderay ID, to answer questions and help people with filing water right claims.
CFPRBA Information Meeting
April 28, 2022: The Lakes Commission and IDWR staff co-hosted an informational meeting at the University of Idaho Sandpoint Organic Agriculture Center to explain the water rights adjudication process for the Clark Fork – Pend Oreille Basin Adjudication.
Commencement Notice Mailings
First Round Service of Commencement Notices
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.
In the Clark Fork-Pend Oreille River Basin Adjudication, because of the size of the area being adjudicated, and staffing levels, the adjudication area was divided to create 5 individual mailing groups. Each mailing group has a separate filing deadline.
Second Round Service of Commencement Notices
After the filing deadlines have expired from the first round service of commencement notices, IDWR conducts a review of any unclaimed water rights and sends a second commencement notice to any property owner identified as possibly having interest in an unclaimed water right.
2nd Round Service of Commencement Notices – Basin 97
February 9, 2024: IDWR mailed 2nd Round Service Notice for unclaimed water rights in Basin 96.
August 11, 2023: IDWR mailed 2nd Round Service Notices for unclaimed water rights in Basin 97.
1st Round Service of Commencement Notice
November 29, 2022: IDWR mailed the 5th round of Notice to File claims in the CFPRBA (Commencement Notice) to property owners East of Highway 95 and south of Priest River extending East to Lake Pend Oreille within IDWR’s Administrative Basin 96.
September 23, 2022: IDWR mailed the 4th round of Notice to File claims in the CFPRBA (Commencement Notice) to property owners west of Highway 95 and south of Priest River extending to the Washington boarder within IDWR’s Administrative Basin 96.
March 31, 2022: IDWR mailed the 3rd round of Notice to File claims in the CFPRBA (Commencement Notice) to property owners within and north of Sandpoint and Ponderay on the East Side of Highway 95, extending to the Montana boarder within IDWR’s Administrative Basin 96.
January 19, 2022: IDWR mailed the 2nd round of Notice to File claims in the CFPRBA (Commencement Notice) to property owners within and north of Sandpoint on the West Side of Highway 95 within IDWR’s Administrative Basin 96.
September 3, 2021: IDWR mailed the 1st round of Notice to File claims in the CFPRBA (Commencement Notice) to property owners within IDWR’s Administrative Basin 97.
Important Dates
June 15, 2021: Commencement Order for the Clark Fork-Pend Oreille River Basins Adjudication
October 23, 2020: The State of Idaho filed a petition, requesting the 5th District Court to commence the Clark Fork-Pend Oreille River Basins Adjudication.
Legal Documents
- Commencement Order for the Clark Fork-Pend Oreille River Basins Adjudication – June 15, 2021
- Order Establishing Procedures for the Adjudication of De Minimis Domestic and Stockwater Claims – June 15, 2021
- Order Setting Commencement Hearing and Procedures for Hearing – October 26, 2020
- Petition to Commence Clark Fork-Pend Oreille River Basin Adjudication – October 23, 2020
Documents
- State of Idaho files petition to launch Clark Fork-Pend Oreille River Basins Adjudication; up to 9,000 water rights claims may be filed – October 23, 2020 – Press Release
- Clark Fork – Pend Oreille River Basin Adjudication-(Priest River) – September 11, 2019
- Clark Fork – Pend Oreille River Basin Adjudication-(Coolin) – September 11, 2019
- Clark Fork – Pend Oreille River Basin Adjudication-(Clark Fork & Sandpoint) – September 10, 2019
- Clark Fork – Pend Oreille River Basin Adjudication-(Kootenai River Basin) – September 9, 2019
- IDWR Schedules Public Meetings on Sept. 9-11 to Provide Updates on Phase 3 of the Northern Idaho Adjudications – August 14, 2019 – Press Release
Clark Fork-Pend Oreille River Basin Adjudication Basin 97 Parts Map
Clark Fork-Pend Oreille River Basin Adjudication Boundary
Commencement Notice Mailing Groups & Filing Deadlines
Commencement Notices
2nd Round Service B96
Commencement Notice
Filing Deadline: May 17, 2024
2nd Round Service B97
Commencement Notice
Filing Deadline: Nov 17, 2023
Group 1 – Commencement Notice
Filing Deadline: July 1, 2022
Group 2 – Commencement Notice
Filing Deadline: Sept 2, 2022
Group 3 – Commencement Notice
Filing Deadline: Oct 28, 2022
Group 4 – Commencement Notice
Filing Deadline: April 21, 2023
Group 5 – Commencement Notice
Filing deadline: June 23, 2023
Additional Information
Background
The State of Idaho filed a petition requesting the 5th District Court to commence the Clark Fork-Pend Oreille River Basins Adjudication, a legal process in which a court reviews and confirms all existing water rights in the Clark Fork-Pend Oreille River Basins within the state of Idaho.
This adjudication will review all water rights held by local, state, and federal governments, Native American tribes, and private property owners. The court petition includes a request that gives water users in the Clark Fork-Pend Oreille River Basins the option of deferring the filing of small domestic and stockwater claims.
The Clark Fork Adjudication is the third phase of the Northern Idaho Adjudication, following Coeur d’Alene River Basin Adjudication (CSRBA) and the Palouse River Basin Adjudication (PRBA).
