Legals for November, 11 2020
SUMMARY OF CITY OF SANDPOINT ORDINANCE NO. 1380 Short Term Rental of Dwelling Units AN ORDINANCE OF THE CITY OF SANDPOINT, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING TITLE 3, CHAPTER 12, SANDPOINT CITY CODE, SHORT TERM RENTAL OF DWELLING UNITS, IN ORDER TO ALIGN EMERGENCY EGRESS STANDARDS WITH CURRENT BUILDING AND FIRE CODES, PROVIDING FOR REPEAL AND SEVERABILITY, AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Following is a summary of the provisions of Ordinance No. 1380, amending Sandpoint City Code Title 3, Chapter 12: Ordinance Section 1 amends Sandpoint City Code Title 3, Chapter 12, Section 4-A-2-b to align emergency egress standards with current building and fire codes. Ordinance Sections 2 and 3 provide for repeal and severability, publication, and an effective date. This publication is a summary of the full Ordinance and is being published pursuant to Idaho Code Section 50-901A. This ordinance was passed and approved upon a proper roll call vote and duly enacted at a properly-noticed session of the Sandpoint City Council, held November 4, 2020. The full text of the Ordinance is on file with the Sandpoint City Clerk and will be promptly provided during regular hours to any citizen on personal request. Melissa Ward, City Clerk SNP LEGAL 8198 AD#418639 NOVEMBER 11, 2020
BUDGET HEARING NOTICE IS HEREBY GIVEN, that the Board of Directors of the Coolin Sewer District have set a budget hearing for Tuesday, November 24, 2020 at 8 AM., at the Coolin Sewer District Office located at 13837 E. River Road in Coolin, Idaho, being the usual meeting place of said Board. At any time any interested persons may appear to be heard regarding the adoption of the budget. DATED this 5th day of November, 2020 COOLIN SEWER DISTRICT BY: Mary Meek Clerk/Treasurer Coolin Sewer District SNP LEGAL 8197 AD#418540 NOVEMBER 11, 18, 2020
NOTICE TO CREDITORS IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER In the Matter of the Estate of: DANIEL WALTER ROBINSON, JR., Deceased. CASE NO. CV 09-20-1383 NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named Decedent. All persons having claims against the Decedent or the estate are required to present their claims within FOUR (4) MONTHS after the date of the first publication of this Notice to Creditors, or said claims will be forever barred. Claims must be presented to the undersigned at the address indicated and filed with the Clerk of the Court. DATED this 26th day of October, 2020. /s/ ELAINE V. ROBINSON Personal Representative c/o CUSACK LAW FIRM,PLLC 320 E. Neider Avenue, Suite 206 Coeur d'Alene, ID 83815 SNP LEGAL 8176 AD#415680 OCTOBER 28, NOVEMBER 4, 11, 2020
PUBLIC NOTICE The following application(s) have been filed to appropriate the public waters of the State of Idaho: 97-7583 JEFFREY JOSEPH EMMERT DEBRA LYNN EMMERT 287 ROPP RD PRIEST RIVER, ID 83856-9662 Point of Diversion L11(SWSW) S6 T57N R05W BONNER County Source OLE CREEK Tributary LOWER WEST BRANCH PRIEST RIVER Point of Diversion L11(SWSW) S6 T57N R05W BONNER County Source OLE CREEK Tributary LOWER WEST BRANCH PRIEST RIVER Use: STOCKWATER 01/01 to 12/31 0.03 CFS Use: IRRIGATION 04/01 to 10/31 0.82 CFS Total Diversion: 0.85 CFS Date Filed: 10-16-2020 Place Of Use: IRRIGATION,STOCKWATER T57N R05W S6 L11(SWSW),SESW Total Acres: 41 97-7584 JEFFREY JOSEPH EMMERT DEBRA LYNN EMMERT 287 ROPP RD PRIEST RIVER, ID 83856-9662 Point of Diversion L10(NWSW) S6 T57N R05W BONNER County Source SLOUGH CREEK Tributary LOWER WEST BRANCH PRIEST RIVER Use: DIVERSION TO STORAGE 01/01 to 12/31 0.35 CFS Use: IRRIGATION STORAGE 04/01 to 10/31 60 AF Use: IRRIGATION FROM STORAGE 04/01 to 10/31 60 AF Use: WILDLIFE STORAGE 01/01 to 12/31 0.6 AF Use: STOCKWATER STORAGE 01/01 to 12/31 0.1 AF Total Diversion: 0.35 CFS, 60.7 AF Date Filed: 10-16-2020 Place Of Use: DIVERSION TO STORAGE,IRRIGATION FROM STORAGE,IRRIGATION STORAGE,STOCKWATER STORAGE,WILDLIFE STORAGE T57N R05W S6 L10(NWSW) Total Acres: 20 97-7585 DAVID BLOMGREN CINDY BLOMGREN PO BOX 1237 LEBEC, CA 93243-1237 Point of Diversion SENE S12 T57N R06W BONNER County Source UNNAMED STREAM Tributary OLE CREEK Use: DOMESTIC 01/01 to 12/31 0.06 CFS Use: STOCKWATER 01/01 to 12/31 0.02 CFS Use: IRRIGATION 04/01 to 10/31 0.15 CFS Total Diversion: 0.23 CFS Date Filed: 10-26-2020 Place Of Use: DOMESTIC,IRRIGATION,STO CKWATER T57N R06W S12 SENE Total Acres: 5 Permits will be subject to all prior water rights. For additional information concerning the property location, contact the Northern office at (208)762-2800; or for a full description of the right(s), please see https://idwr.idaho.gov/apps/ExtSearch/WRApplicationResults/. Protests may be submitted based on the criteria of Idaho Code § 42-203A. Any protest against the approval of this application must be filed with the Director, Dept. of Water Resources, Northern Region, 7600 N MINERAL DR STE 100, COEUR D ALENE ID 83815-7763 together with a protest fee of $25.00 for each application on or before 11/23/2020. The protestant must also send a copy of the protest to the applicant. GARY SPACKMAN, Director SNP LEGAL 8181 AD#416851 NOVEMBER 4, 11, 2020
NOTICE OF APPLICATION Pursuant to Section 58-104(9) and 58-1301, et seq., Idaho Code (The Lake Protection Act) and rules of the State Board of Land Commissioners, notice is hereby given that James and Deborah Martin have made application to install a boat lift and 50 lineal feet of riprap on the Pend Oreille River. Location: 415 Lakeshore Drive, Pend Oreille River, Sagle, Idaho, in Section 34 Township 57 North, Range 2 West; B.M., in Bonner County. Written objections to or requests for hearing in this matter must be on file with the Idaho Department of Lands, 2550 Highway 2 West, Sandpoint, Idaho 83864 within thirty (30) days after the first appearance of this notice. Specific information regarding this application may be obtained from Justin Eshelman, Resource Specialist, Sr. on behalf of Public Trust Program - at the above address or by calling (208) 263-5104. /S/ TOM FLEER, Area Manager Idaho Department of Lands SNP LEGAL 8187 AD#417303 NOVEMBER 4, 11, 2020
IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT OF THE STATE OF IDAHO IN AND FOR THE COUNTY OF TWIN FALLS IN RE: THE GENERAL ADJUDICATION OF RIGHTS TO THE USE OF WATER FROM THE CLARK FORK-PEND OREILLE RIVER BASINS WATER SYSTEM CASE NO. 69576 NOTICE OF FILING PETITION TO COMMENCE GENERAL ADJUDICATION OF WATER RIGHTS TO: ALL PERSONS OWNING RIGHTS TO THE USE OF WATER FROM THE CLARK FORK-PEND OREILLE RIVER BASINS WATER SYSTEM YOU ARE HEREBY NOTIFIED that the State of Idaho, by and through Lawrence G. Wasden, in his official capacity as the Attorney General for the State of Idaho, filed a Petition to Commence Clark Fork-Pend Oreille River Basins Adjudication to commence a general adjudication of water rights from the Clark Fork-Pend Oreille River basins water system on October 23, 2020, pursuant to Idaho Code § 42-1406B. A hearing on the Petition (called a commencement hearing) has been scheduled to begin on January 21, 2021 at 9:00 a.m. Pacific Time (PT). The hearing will be conducted via Zoom from the Snake River Basin Adjudication Courthouse in Twin Falls before the Honorable Eric Wildman. Instructions to join the Zoom hearing are attached to this Notice. The purpose of the adjudication is to determine all rights arising under state or federal law to the use of surface and ground water from the Clark Fork-Pend Oreille River basins water system. THE PURPOSE OF THIS NOTICE IS TO DESCRIBE BRIEFLY THE PETITION AND TO INFORM YOU OF THE MATTERS TO BE DETERMINED BY THE DISTRICT COURT AT THE COMMENCEMENT HEARING; NOTICE WILL BE GIVEN AT A LATER DATE AS TO WHEN AND WHERE TO FILE YOUR NOTICE OF CLAIM TO A WATER RIGHT. The Petition asks the court to enter an order (called a commencement order) starting a general adjudication of the Clark Fork-Pend Oreille River basins water system, authorizing the Director of the Idaho Department of Water Resources (Director) to investigate all uses of water from the water system and prepare a report of water rights, and directing all claimants of water rights from the water system to file a notice of claim to a water right with the Director unless claimants elect to defer the adjudication of domestic and stock water rights as defined by Idaho Code § 42-1401A(4) and (11). The Petition asks the court to determine the boundaries of the water system to be adjudicated in this action. The Director proposes to adjudicate that portion of the Clark Fork-Pend Oreille River basins within the state of Idaho. A map illustrating the Clark Fork-Pend Oreille River basins water system and the proposed boundaries of the water system to be adjudicated is included in this notice. The Petition lists the counties within the proposed boundaries of the water system and states that a portion of each county is within the proposed boundaries. There are no counties wholly contained in the proposed boundaries. The Petition asks the court to require persons holding a permit for which proof of beneficial use was filed on or prior to the date the commencement order is issued to file a notice of claim. The Petition asks the court to enter an order establishing a procedure to defer the adjudication of domestic and stock water rights as defined by Idaho Code § 42-1401A(4) and (11). The Director's proposed process for the deferral of domestic and stock water rights is presented below. The Petition asks the court to approve the manner in which the Director proposes to conduct the second round of notifying claimants of their duty to file a notice of claim. The first round of notice is described in Idaho Code § 42-1408(2)-(3); the second round of notice is described in Idaho Code § 42-1408(4). In response to the Petition, the district court will determine the following matters, among others: a. The boundaries of the water system; b. Whether the boundaries of the water system as proposed by the Petition are in compli ance with the terms of the McCarran Amendment; c. Whether the proposed deferral procedure (below) for the adjudication of domestic and stock water rights as defined by Idaho Code § 42-1401A(4) and (11) is in compliance with the terms of the McCarran Amendment; d. Any other uses of water excluded from the adjudication proceedings; and e. Any other matter raised by the Petition. THE DISTRICT COURT WILL HEAR EVIDENCE AND ARGUMENTS FROM ANY PERSONS IN RESPONSE TO ANY MATTER RAISED BY THE PETITION. ANY PERSON WISHING TO PRESENT EVIDENCE OR ARGUMENT AT THE COMMENCEMENT HEARING MUST COMPLY WITH CERTAIN PROCEDURES ORDERED BY THE DISTRICT COURT. The procedures are set forth in the Order Setting Commencement Hearing and Procedures for Hearing, issued by the district court on October 26, 2020. The Order addresses the requirements for the Commencement Hearing, including the following: 1. Each attorney who represents a person interested in the Clark Fork-Pend Oreille River Basins Adjudication or interested party acting pro se (representing yourself without an attorney) who intends to present evidence or argument at the Commencement Hearing shall file a Notice of Appearance with the district court on or before 5:00 P.M. PT, Janu ary 14, 2021. 2. Each attorney or pro se litigant who intends to present evidence shall also file a pr e-hearing statement with the district court on or before 5:00 P.M. PT, January 14, 2021. The pre-hearing statement shall include: a. A statement of issues raised; b. A list of documents to be offered into evidence; c. A list of witnesses; and d. The estimated amount of time needed for direct examination of each witness. 3. Each attorney or pro se litigant who intends to present legal argument shall also lodge with the district court a brief or memorandum of law in support of that attorney's or pro se litigant's legal argument on or before 5:00 P.M. PT, January 14, 2021. 4. Each attorney or pro se litigant shall serve the State of Idaho via the Office of the Attor ney General, the Director and the United States with any papers filed or lodged with the district court on or before 5:00 p.m. PT, January 14, 2021. The addresses for service are as follows: a. Chief, Natural Resources Division Office of the Attorney General State of Idaho PO Box 83720 Boise, ID 83720-0010 b. Director, Idaho Department of Water Resources PO Box 83720 Boise, ID 83720-0098 c. United States Department of Justice Environment & Natural Resources Division 550 West Fort Street, MCS 033 Boise, ID 83724 5. All filings and lodgings with the district court shall be made with the clerk of the district court under the above-captioned case number and title. The address for filing and lodg ing is as follows: Clark Fork-Pend Oreille River Basins Adjudication c/o SRBA District Court PO Box 2707 Twin Falls, ID 83303-2707 6. Fax filing is also available pursuant to Rule 5(d)(3) of the Idaho Rules of Civil Proce dure, though faxed documents are limited to ten (10) pages, including attachments and exhibits. Documents can be fax filed at (208) 736-2121. 7. The district court may relieve any attorney or any pro se litigant from the requirements of the Order for good cause shown. Copies of the Petition and the Order may be obtained at https://idwr.idaho.gov/water-rights/adjudication/NIA/CFPRBA.html or from any office of the Idaho Department of Water Resources (IDWR) or from the district court. PROPOSED PROCESS TO DEFER THE ADJUDICATION OF DOMESTIC AND STOCK WATER RIGHTS: All claimants of de minimis (small) domestic and/or stock (D&S) water rights as defined in Idaho Code § 42-1401A(4) and (11) shall be joined as parties in this proceeding and shall be bound by all decrees entered in this case, including the final decree. Any objection to any and all claims being adjudicated in this proceeding, including those of a D&S claimant, must be timely raised in accordance with Idaho Code § 42-1412 or be forever barred. Water users of D&S rights may elect to file a Notice of Claim at the time of commencement of the Clark Fork-Pend Oreille River Basins Adjudication or defer (postpone) the filing. If a D&S claimant elects to have the claim adjudicated now, then the D&S claimant must file a notice of claim (Idaho Code § 42-1409) and pay any fees (Idaho Code § 42-1414). Election to defer will not result in a loss of the D&S water right nor will a D&S claimant be prevented from making a D&S claim in the future. The owner of a D&S water right who elects to defer the filing of a Notice of Claim will be required to have the water right adjudicated prior to the water right being distributed by a watermaster (Idaho Code § 42-607) and/or before an application for change of the water right may be filed with IDWR (Idaho Code § 42-222). Water right holders who choose to delay filing on D&S water rights will be required to file a motion for determination of the use (motion), with an attached notice of claim, in order to obtain an adjudicated water right. Notice of the motion and information describing the claim must be published by the claimant for at least three (3) weeks in a newspaper of general circulation in the county where the point of diversion is located. In addition, claimant must serve the motion and claim on the Director, the State of Idaho, the United States, and persons against whom relief is sought. Service upon the United States must be via certified mail to the United States Attorney for the District of Idaho and the United States Attorney General in Washington, D.C. Any party can object to the claim by filing written notice of the objection with the district court within forty-five (45) days from the date of the first publication of the notice. A copy of the objection shall be served on the State of Idaho, Director, United States, the person whose claim is being objected to, and all persons who have appeared in response to the motion. Within thirty (30) days of the objection deadline, the Director will file a notice with the court stating whether the Director will examine the deferred D&S claim and whether the Director will prepare a report on the claim to the district court. The Director's notice will contain the Director's estimated costs, due from the claimant, for examination of the claim and preparation of the report. The notice will also contain the Director's approximation of time for filing the report. Prior to filing the report, the D&S claimant shall pay the balance of the Director's costs or be refunded by the Director any unused advanced estimated costs. If the D&S claimant contests the Director's costs, the district court shall determine a reasonable cost to be paid by the claimant. Deferrable domestic claimants are also required to pay their own filing fees. The Director will investigate the claim and submit the report to the court with copies to the State of Idaho, United States, all parties who filed objections, and all parties against whom relief is sought. The court will then set objection and response deadlines and set a hearing (Idaho Code § 42-1412). If the Director notifies the court that the Director does not intend to prepare a report, then the district court will proceed with a hearing and any party who timely objected may appear and challenge the D&S motion and claim. The district court may order the Director to prepare a report after a hearing on the motion and D&S claim. Proof of service is required for any motion under this deferred procedure. Claimant must certify the date and manner of service of the motion on the State of Idaho, Director, United States, and persons against whom relief is sought. Appeals of any orders or decrees entered under the deferred procedure are governed by the rules applicable to appeals of orders in the Clark Fork-Pend Oreille River Basins Adjudication. The district court retains continuing jurisdiction of the subject matter in this proceeding and the parties to the proceeding for the purpose of adjudicating deferred D&S claims. The proposed process above meets the requirements of the McCarran Amendment, 43 U.S.C. § 666, because all water users, including those claiming de minimis D&S rights, will be served and made parties to this adjudication, and will eventually have their rights adjudicated, either in this phase of the proceeding or pursuant to the proposed procedures set forth in this notice. DATED this 4th day of November, 2020. Gary Spackman, Director Idaho Department of Water Resources HOW TO ACCESS THE HEARING USING ZOOM:
NOTICE TO CREDITORS IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER IN THE MATTER OF THE ESTATE OF: JOSEPH SCHAPER, Deceased. Case No. CV09-20-1345 NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the said decedent are required to present their claims within four (4) months after the date of the first publication of this Notice or said claims will be forever barred. Claims must be presented to JAMES P. SCHAPER, Personal Representative of the above Estate, c/o Lake City Law Group PLLC at 50 Main Street, Suite 203, Priest River, ID 83856, and filed with the Court. DATED this 21st day of October, 2020. /s/ James P. Schaper Personal Representative of the Estate of Joseph Schaper, Deceased. FONDA L. JOVICK, ISBA #7065 LAKE CITY LAW GROUP PLLC 50 Main Street, Suite 203 Priest River, Idaho 83856 Telephone: (208) 448-1300 Facsimile: (208) 448-2100 fljefiling@lclattorneys.com SNP LEGAL 8165 AD#414544 OCTOBER 28, NOVEMBER 4, 7, 2020
SUMMONS FOR PUBLICATION IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO IN AND FOR THE COUNTY OF BONNER BMC WEST, LLC, a Utah Limited Liability Company; Plaintiff, vs. KEVIN PETERSON, PETERSON CONSTRUCTION & DEVELOPMENT, INC., an Idaho corporation; and JOHN DOES I THRU X; Defendants. TO: KEVIN PETERSON, & PETERSON CONSTRUCTION & DEVELOPMENT, INC. AND JOHNS DOES I THRU X You have been sued by BMC West, LLC, the Plaintiff, in the District Court in and for Bonner County, Idaho, Case No. CV09-20-0494. The nature of the claim against you is for breach of contract. Any time after 21 days following the last publication of this summons, the court may enter judgment against you without further notice, unless prior to that time you have filed a written respose in the proper form, including the Case No., and paid any required filing fee to the Clerk of the Court at 215 South First Ave., Sandpoint, Idaho 83864, (208) 265-1432, and served a copy of your response on the Plaintiff's attorney at Randall C. Probasco, Attorney at Law, PO Box 3641, Coeur d'Alene, ID 83816, (208) 930-0875. A copy of the Summons and Complaint can be obtained by contacting either the Clerk of the Court or the attorney for the Plaintiff. If you wish legal assistance, you should immediately retain an attorney to advise you in this matter. DATED: October 15, 2020 BONNER COUNTY DISTRICT COURT By: A. Augustine Deputy Clerk SNP LEGAL 8157 AD#413565 OCTOBER 21, 28, NOVEMBER 4, 11, 2020