By Laura Schroeder and Lynn Steyaert
The commencement hearing for the Northern Idaho Adjudication (NIA) is set for August 28, 2008. The State of Idaho has petitioned the court to approve a process for deferring the adjudication of small domestic and stock water use rights. Â If approved, small domestic and stock water users may elect to defer filing a Notice of Claim and postpone the adjudication process until a later time.
To qualify for the deferral, the claimant’s uses are limited to those defined as domestic uses pursuant to Idaho Code  §42-111 and stockwater uses pursuant to Idaho Code §42-1401A(11).Ă‚Â Idaho Code §§ 42-111 and 42-1401(A)(11) can be found at the following links, respectively:
http://www3.state.id.us/cgi-bin/newidst?sctid=420010011.K http://www3.state.id.us/cgi-bin/newidst?sctid=420140001A.KĂ‚Â
Despite the availability of the deferral, the Department strongly recommends that such qualified users file a Notice of Claim in the adjudication. Â If a user fails to file, and it is later determined that his/her use exceeds the statutory limitations, any claim to water will be limited to only that portion of his/her use that is within the statutorily defined limits.Ă‚Â Additionally, if a water user elects to defer filing a claim, but later needs to seek a change in the place of diversion, place of use, or nature of use or desires to legally settle ownership of his/her rights or seek confirmation of those rights for enforcement purposes, he/she will be required to file a claim prior to proceeding with these actions.Ă‚Â Ă‚
For more information visit the Department’s adjudication web page at:
http://www.idwr.idaho.gov/water/North_Id_Adju/
