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FAQs

General NIA FAQs

An adjudication is a court proceeding that inventories and catalogs water rights 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 aided and advised by IDWR.

The Palouse River Basin and the Coeur d’Alene-Spokane River Basin, including significant underlying aquifers, are resources that are shared with the State of Washington. Both states desire to reach agreement on how the waters of these resources are used without resorting to litigation. To best protect water users in Idaho, Idaho’s water managers must know the extent of the valid water rights in Idaho. Adjudication is the only way to determine that extent.

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.

If you are supplied water by a city, water district, or other water delivery organization, that entity should take care of filing 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.

No, IDWR does not have either the need or the personnel to require metering of private wells.

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

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 you prefer to submit a paper form, visit the File a Claim page.

If you have a water use for which an adjudication claim is required, a failure to file that claim generally will result in a determination that the water right no longer exists. However, as stated on page 2 of the Commencement Notice, water users with 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. These are known as “deferrable rights” and do not need to be claimed during the duration of the Adjudication.

Adjudication Claim versus Application for Permit

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.

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.

Yes, the IDWR permitting process is for purpose of establishing new water rights.

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

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.

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.

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.

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.

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.

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.

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.

  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 (208) 736-3011 or contact IDWR.

Water Right Number Format

Water Right numbers can contain three components: Basin number, Sequence number, and sometimes a Suffix.

Example:  95-1234A

95= Basin1234= SequenceA= Suffix

Over 5,500 Preliminary Recommendations were mailed to water right claimants in February 2018 as part of the Basin 95: Part 1 Preliminary Director’s Report. As a result, a large number of water right holders might have questions concerning their recommendations. Therefore, if you wish to speak with an IDWR water agent at either the Coeur d’Alene or main Boise office, we strongly recommend that you call us and set up an appointment.

PRBA FAQs

IDWR is actively reviewing claims in the Coeur d’Alene-Spokane River Basin (CSRBA). IDWR will send commencement notices to all property owners within the boundary of the PRBA once the Director’s Report for each basin within the CSRBA has been submitted to the CSRBA Court. Currently, IDWR has yet to submit Director’s Reports for Basin 95 parts 1 & 2.

See the CSRBA (Phase 1) page for more information regarding timelines related to Basin 95 and the CSRBA.

Yes, the Fifth Judicial District Court in the county of Twin Falls issued a commencement order for the Palouse River Basin Adjudication (PRBA) on March 1, 2017. Once the commencement order was issued, IDWR could accept a Notice of Claim to a Water Right in the PRBA.

IDWR will not be reviewing PRBA claims for a while. First, IDWR must submit a Director’s Reports for each reporting area in the Coeur d’Alene-Spokane River Basin Adjudication (CSRBA). Once the CSRBA is mostly reported, IDWR can focus more resources on the PRBA. Then, IDWR will send notice to all property owners within the boundary of the PRBA. Property owners will be notified that IDWR is accepting claims, and the notice will establish the timeframe to file a Notice of Claim to a Water Right. After claims taking is complete, IDWR will begin reviewing claims filed in the PRBA.

See the CSRBA (Phase 1) page for more information regarding timelines related to Basin 95 and the CSRBA.

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