Water rights adjudication commencing

SANDPOINT — A commencement hearing is set to begin cataloging water rights in the Clark Fork-Pend Oreille basin.

The commencement hearing is set for Thursday, Jan. 21, 2021, in 5th District Court in Twin Falls. That court is taking up water rights adjudication because of its experience it gained during the Snake River Basin Adjudication, according to the Idaho Department of Water Resources, according to Craig Saxton of the Idaho Department of Water Resources.

There are approximately 2,700 water rights currently on record with IDWR in the Clark Fork and Pend Oreille basins. The state expects approximately 9,000 water rights claims will be filed during the adjudication of water rights in northern Idaho.

"We’re estimating about 10 years for the whole process up north," Saxton said on Monday.

Water rights adjudication was given a frigid reception when plans were first announced in 2007. Several hundred residents filled the gymnasium at Sandpoint High School, but none testified in favor of adjudicating water rights in the Panhandle.

Adjudication was alternately described during the presentation as the best way to protect rights to a valuable resource and also the best way to jeopardize them.

The Idaho Department of Water Resources officials have said adjudication has proven effective in protecting water rights from outside claims and the process has grown more important as more demands are being placed on water in northern Idaho.

"It’s an inventory of the water rights. There are old water rights on record that aren’t being used and there’s valid water rights that haven’t been recorded. In order for Idaho to manage its water, their natural resources, they need to know what’s being used," Saxton said.

Opponents of water rights adjudication have described it bottomless whirlpool of costly and confusing litigation which Native American tribes and the federal government have exploited to lay claim to water.

"When people file their claims, they become party to the court case. IDWR acts as the technical expert for the court and we go through and review the claims and make recommendations. We submit those recommendations to the court," said Saxton.

Those who challenge a water right can file objections with the adjudication court.

"Ultimately it’s decided through the court. Generally, they’re settled before they ever go to a trial or anything along those lines," Saxton said.

Landowners who draw water from rivers and lakes can also seek adjudication deferments for domestic and stock water claims, according to the state.

Water resources expects commencement notices in Bonner County to go out next year.

"It will fall before we send out commencement notices for the Clark Fork," Saxton said.

Keith Kinnaird can be reached at kkinnaird@bonnercountydailybee.com or followed on Twitter @KeithDailyBee