Domestic and Stock Water Claims in Northern Idaho Adjudication

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.  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).  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.K 

Despite the availability of the deferral, the Department strongly recommends that such qualified users file a Notice of Claim in the adjudication.  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.  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.  Â

For more information visit the Department’s adjudication web page at:

http://www.idwr.idaho.gov/water/North_Id_Adju/