Legals for February, 3 2022
NOTICE OF ADMINISTRATIVE PLAT REVIEW NOTICE IS HEREBY GIVEN that the Bonner County Planning Department is in receipt of a preliminary plat (subdivision) application for the following: File SS0005-21 - Short Plat -Cozy Cottage 1, Lots 1-7 -MPCP Family, LP are proposing to replat Lot 1 of Ponderosa Home Sites subdivision into 7 lots ranging in area from 11,500 sqft. to 12,768 sqft. The property is zoned Recreation and has a land use designation of Resort Community. The project is located off of Garfield Bay Road and West Garfield Bay Road in Section 21, Township 56 North, Range 1 West, Boise-Meridian. Bonner County Revised Code 12-653 authorizes this application to be considered administratively, allowing time for agency and public comment. You are invited to comment on this application. Written comments must be received by the Bonner County Planning Department by 5 p.m. March 4, 2022. Comments can be sent to the Bonner County Planning Department, 1500 Highway 2, Suite 208, Sandpoint, Idaho 83864; faxed to (208) 265-1463 or e-mailed to planning@bonnercountyid.govAdditional information is available at the Bonner County Planning Department. A report regarding this application will be available at the close of the comment period on the Planning Department web site at www.bonnercountyid.gov or by contacting the department. The applicant or interested parties may provide additional comment no later than 10 days after the issuance of the staff report. Following the 10-day response period, the planning director may take action on the proposed subdivision. Any determination made by the planning director in the administration of this short plat may be appealed to the Board of County Commissioners in writing within 10 days of the date of administrative determination. SNPLEGAL 1207 AD#513238 FEBRUARY 3, 2022
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 ABCD Homebuilders LLC has made application to install an earthen jetty breakwater on Lake Pend Oreille. Location: 1835 Garfield Bay Road, Lake Pend Oreille, Sagle, Idaho, in Section 22 Township 56 North, Range 1 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 Navigable Waters Program - at the above address or by calling (208) 263-5104. /S/ TOM FLEER, Area Manager Idaho Department of Lands SNP LEGAL 1205 AD#512807 FEBRUARY 3, 10, 2022
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 Masada Properties LLC has made application to install 175 linear feet of riprap on Lake Pend Oreille. Location: Kilroy Bay, Lake Pend Oreille, Kilroy Bay, Idaho, in Section 13 Township 55 North, Range 1 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 Navigable Waters Program - at the above address or by calling (208) 263-5104. /S/ TOM FLEER, Area Manager Idaho Department of Lands SNP LEGAL 1206 AD#512995 FEBRUARY 3, 10, 2022
IMPORTANT WATER RIGHTS INFORMATION YOUR FILING DEADLINE IS: September 2, 2022 FAILURE TO FILE A REQUIRED NOTICE OF CLAIM WILL RESULT IN A DETERMINATION BY THE COURT THAT THE WATER RIGHT NO LONGER EXISTS. 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 Civil No. 00-69576 Rights to the Use of Water from the Clark Fork-Pend Oreille River COMMENCEMENT Basins Water System. NOTICE Property Owners within Boundary and Bonner Counties within IDWR's Administrative Basin 96 _______________________________ TO: ALL PERSONS OWNING RIGHTS TO THE USE OF WATER WITHIN THE CLARK FORK-PEND OREILLE RIVER BASINS WATER SYSTEM YOU ARE HEREBY NOTIFIED THAT: On June 15, 2021, the Fifth Judicial District Court in and for the County of Twin Falls issued an order commencing a general adjudication of water rights within the Clark Fork-Pend Oreille River Basins water system in Idaho. A general adjudication is a court case which will result in a decree determining all water rights within a water system. The purpose of the adjudication is to obtain an inventory of water rights to ensure proper delivery of water in times of shortage and to ensure certainty of water right ownership to property owners. The purpose of this notice is to inform you of the commencement of the adjudication and your legal responsibilities at this stage of the adjudication. GENERAL REQUIREMENT TO FILE A NOTICE OF CLAIM Idaho Code § 42-1409 requires that a Notice of Claim be filed for all water rights within the boundaries of the Clark Fork-Pend Oreille River Basins water system in the State of Idaho, except for certain water rights specifically excluded by law. "All water rights within the boundaries of the Clark Fork-Pend Oreille River Basin water system in the State of Idaho" includes rights to the use of water from any water source, including streams, any springs, lakes, ground water, developed water, waste water, or any other source. A map showing the boundaries of the water system is included at the end of this notice. The Notice of Claim must be filed with the Idaho Department of Water Resources ("IDWR"). A Notice of Claim must be filed for all water rights based upon state law by the deadline above, except for de minimis domestic and stockwater claims as described below. Water rights based upon state law include historic use rights (established by the diversion and application of water to a beneficial use), decreed rights, licensed rights, or water right permits if proof of beneficial use was filed on or before June 15, 2021. For all water rights based upon federal law, a Notice of Claim or negotiated agreement must be filed by the deadline above, unless an alternative filing schedule is adopted by the Clark Fork-Pend Oreille River Basins Adjudication ("CFPRBA") District Court. DE MINIMIS (SMALL) DOMESTIC AND STOCKWATER CLAIMS Water users of a small domestic and/or stockwater ("D&S") right, as defined by Idaho Code §§ 42-111 & 42-1401A, may elect to file a Notice of Claim now or defer (postpone) the filing until a later time in this proceeding. Although a deadline for filing claims for "deferrable" D&S water rights has not been set, the opportunity to defer filing is not indefinite. At some time in the future, the court will establish a filing deadline for small D&S water rights. The fee for filing a Notice of Claim with IDWR for a D&S water right at this time is $25. IDWR recommends filing a claim for a small D&S water right now and not deferring. In times of water shortage, water is delivered to water right holders by a watermaster. Watermasters deliver water as authorized by (1) a water right decreed by a court or by a water right approved by IDWR. The owner of a D&S water right which has not been established through a license or decree, who elects to defer the filing of a Notice of Claim until a later time will be required to have the water right adjudicated prior to the water right being distributed by a watermaster and/or before an application for change of the water right may be filed with IDWR. Water right holders who file a motion with the district court at a later date to have the water right adjudicated, will be required to pay their own cost of serving notice of the motion, advertising, and all costs incurred by IDWR for investigation and preparation of a report to be filed with the court, all of which will exceed the $25 filing fee. A claimant of a D&S water right will be bound by the terms of any decrees entered in this adjudication (including the limitation on D&S water rights that may be adjudicated at a later date) regardless of whether or not the claimant files a notice of claim for the D&S water right at this time. Claimants should be certain their water use qualifies for the deferral procedure for D&S claims before deciding not to file a notice of claim at this time. EXCEPTIONS TO GENERAL REQUIREMENT TO FILE NOTICE OF CLAIM A Notice of Claim is not required to be filed for water right permits for which proof of beneficial use was filed after June 15, 2021. The director of IDWR may, at a later date, require holders of such permits to file a Notice of Claim. If the director does issue such an order, the permit holder will be notified by mail. A Notice of Claim is not required for a water right that is still in the application for permit stage. A water user need not file a Notice of Claim where the water user is not the owner of the water right. A Notice of Claim is not required for any person who receives water solely by virtue of ownership of shares of stock in, or by being located within the boundary of a water delivery organization, if the water delivery organization holds legal title to the water right and if the water delivery organization files a Notice of Claim. Examples of water delivery organizations include, but are not limited to, cities, water utility districts or companies, and irrigation districts. FEES AND DEADLINES FOR FILING A NOTICE OF CLAIM Idaho Code § 42-1414 requires each person who files a Notice of Claim to pay a filing fee. Failure to pay the fee will result in the rejection of the Notice of Claim. The persons receiving this Notice have property within Boundary and Bonner Counties and within IDWR's Administrative Basin 96. The deadline for filing a Notice of Claim for water rights in your area is September 2, 2022. A Notice of Claim filed after this date may be accepted prior to the filing of the director's report with the court, but failure to file a Notice of Claim by the established deadline may result in the assessment of a late fee of $50.00 or 15% of the original filing fee, whichever is greater. Idaho Code § 42-1409A imposes substantial restrictions on the filing of amended or late Notices of Claim. NOTICE OF CLAIM FORMS AND INSTRUCTIONS A Notice of Claim must be filed online at www.idwr.idaho.gov or on forms provided by IDWR. When filing at an IDWR regional office please bring a description of the property with Township, Range, Section and Quarter-Quarters, or the county parcel number. Subdivision lot and block numbers are not sufficient. Claimants should always call the nearest regional office to schedule an appointment if help is needed in filling out a Notice of Claim. The Notice of Claim forms and instructions for completing and filing the forms are available online at www.idwr.idaho.gov or at the following locations: 1. IDWR, Northern Region, 7600 Mineral Dr., Suite 100, Coeur d'Alene, ID 83815-7763; Phone: (208) 762-2800; 2. IDWR, Western Region, 2735 Airport Way, Boise, ID, 83705-5082; Phone: (208) 334-2190; 3. IDWR, Southern Region, 650 Addison Ave. W, Suite 500, Twin Falls, ID 83301-5858; Phone: (208) 736-3033; 4. IDWR, Eastern Region, 900 N. Skyline Dr., Suite A, Idaho Falls, ID 83402-1718; Phone: (208) 525-7161; 5. IDWR, State Office, 322 E. Front St., Boise, ID 83720-0098; Phone: (208) 287-4800; 6. IDWR, Salmon Field Office, 102 S. Warpath, Salmon, ID 83467-4435; Phone: (208) 742-0658. NOTICE TO IDWR OF CHANGE IN OWNERSHIP OR ADDRESS Idaho Code § 42-1409 requires all purchasers of a water right to inquire of IDWR whether a Notice of Claim has been filed. If a Notice of Claim has not been filed, the purchaser must file any required Notice of Claim, as described above. If a Notice of Claim has been filed, the purchaser must file with IDWR a written notice of the change in ownership along with sufficient evidence of ownership. ''Purchaser'' includes any person acquiring a water right from another water user, whether it is acquired by purchase, gift, inheritance, or any other means. Idaho Code § 42-1409 also requires all persons who have filed a Notice of Claim to file a written notice of any change in address with IDWR. FURTHER INFORMATION The files of the CFPRBA District Court will contain affidavits and other documents listing the persons served with copies of this notice. If you want information regarding Notice of Claims filed with IDWR in this adjudication, you may inquire at any IDWR office or online at www.idwr.idaho.gov. If you want information on other documents filed with the court in this adjudication, you may obtain a copy of the docket sheet from the CFPRBA District Court on their website at www.cfprba.idaho.gov, or at 253 3rd Avenue North, P.O. Box 2707, Twin Falls, Idaho 83303-2707. The docket sheet will be prepared each month, and will contain a summary of all documents filed with the court in the previous month, and the dates and locations of hearings set for the following three months. You can get a copy of a docket sheet for the cost of mailing and/or copying, or you can get a subscription to receive the docket sheet each month. The docket sheet will also be filed with the district court clerk for every county within the boundaries of the Clark Fork-Pend Oreille River Basins water system in Idaho. Gary Spackman, Director, Idaho Department of Water Resources Northern Idaho Adjudication Clark Fork-Pend Oreille River Basin Water System
ORDER GRANTING MOTION FOR SERVICE BY PUBLICATION - THE UNKNOWN HEIRS, ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER THE DECEASED MARGE E. CHISHOLM, deceased IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY of BONNER GWENDOLYN VARGAS, individually, and as the Personal Representative of the Estate of Michael JJ Chisholm a/k/a Michael Jesse Chisholm a/k/a Michael Alan Pederson a/k/a Michael Allen Pederson, Plaintiff, vs. BONNER COUNTY TAX ASSESSOR; STATE OF IDAHO DEPARTMENT OF HEALTH AND WELFARE DIVISION OF MEDICAID; STATE OF IDAHO CRIME VICTIMS COMPENSATION PROGRAM; MICHAEL JJ CHISHOLM a/k/a MICHAEL JESSE CHISHOLM a/k/a MICHAEL ALAN PEDERSON a/k/a MICHAEL ALLEN PEDERSON, deceased (collectively referred to as MICHAEL JJ CHISHOLM); DARRYL EUGENE RICE, SR.; the UNKNOWN HEIRS, ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER THE DECEASED MARGE E. CHISHOLM, deceased; the UNKNOWN HEIRS, ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER THE DECEASED VICTORIA RADFORD, if deceased; MICHAEL PEDERSON, JR.; and KRISTINA D. SCOTT, Defendants. Case No. CV09-21-1888 BASED UPON the Motion for Service by Publication filed by Plaintiff and good cause appearing therefore; IT IS HEREBY ORDERED that Plaintiff's Motion for Service by Publication is Granted and that service upon Defendants the Unknown Heirs and Devisees of Marge E. Chisholm be made by publication of a summons in The Bonner County Daily Bee, a newspaper of general circulation in Bonner County, Idaho, and The Reno Gazette Journal, a newspaper of general circulation in Washoe County, Nevada, which are the publications most likely to give notice to Defendants, once a week for a period of four (4) consecutive weeks. DATED: January 2, 2022 /s/ Barbara Buchanan District Judge SNP LEGAL 1142 AD#508143 JANUARY 13, 20, 27, FEBRUARY 3, 2022
ORDER GRANTING MOTION FOR SERVICE BY PUBLICATION - THE UNKNOWN HEIRS, ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER THE DECEASED VICTORIA RADFORD, if deceased IN THE DISTRICT COURT OF THE First JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY of BONNER GWENDOLYN VARGAS, individually, and as the Personal Representative of the Estate of Michael JJ Chisholm a/k/a Michael Jesse Chisholm a/k/a Michael Alan Pederson a/k/a Michael Allen Pederson, Plaintiff, vs. BONNER COUNTY TAX ASSESSOR; STATE OF IDAHO DEPARTMENT OF HEALTH AND WELFARE DIVISION OF MEDICAID; STATE OF IDAHO CRIME VICTIMS COMPENSATION PROGRAM; MICHAEL JJ CHISHOLM a/k/a MICHAEL JESSE CHISHOLM a/k/a MICHAEL ALAN PEDERSON a/k/a MICHAEL ALLEN PEDERSON, deceased (collectively referred to as MICHAEL JJ CHISHOLM); DARRYL EUGENE RICE, SR.; the UNKNOWN HEIRS, ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER THE DECEASED MARGE E. CHISHOLM, deceased; the UNKNOWN HEIRS, ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER THE DECEASED VICTORIA RADFORD, if deceased; MICHAEL PEDERSON, JR.; and KRISTINA D. SCOTT, Defendants. Case No. CV09-21-1888 BASED UPON the Motion for Service by Publication filed by Plaintiff and good cause appearing therefore; IT IS HEREBY ORDERED that Plaintiff's Motion for Service by Publication is Granted and that service upon Defendants the Unknown Heirs and Devisees of Victoria Radford be made by publication of a summons in The Bonner County Daily Bee, a newspaper of general circulation in Bonner County, Idaho, and The Reno Gazette Journal, a newspaper of general circulation in Washoe County, Nevada, which are the publications most likely to give notice to Defendants, once a week for a period of four (4) consecutive weeks. DATED: January 2, 2022 /S/Barbara Buchanan District Judge SNP LEGAL 1143 AD#508149 JANUARY 13, 20, 27, FEBRUARY 3, 2022
ORDER GRANTING MOTION FOR SERVICE BY PUBLICATION - VICTORIA RADFORD IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER GWENDOLYN VARGAS, individually, and as the Personal Representative of the Estate of Michael JJ Chisholm a/k/a Michael Jesse Chisholm a/k/a Michael Alan Pederson a/k/a Michael Allen Pederson, Plaintiff, vs. BONNER COUNTY TAX ASSESSOR; STATE OF IDAHO DEPARTMENT OF HEALTH AND WELFARE DIVISION OF MEDICAID; STATE OF IDAHO CRIME VICTIMS COMPENSATION PROGRAM; MICHAEL JJ CHISHOLM a/k/a MICHAEL JESSE CHISHOLM a/k/a MICHAEL ALAN PEDERSON a/k/a MICHAEL ALLEN PEDERSON, deceased (collectively referred to as MICHAEL JJ CHISHOLM); DARRYL EUGENE RICE, SR.; the UNKNOWN HEIRS, ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER THE DECEASED MARGE E. CHISHOLM, deceased; the UNKNOWN HEIRS, ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER THE DECEASED VICTORIA RADFORD, if deceased; MICHAEL PEDERSON, JR.; and KRISTINA D. SCOTT, Defendants. Case No. CV09-21-1888 BASED UPON the Motion for Service by Publication filed by Plaintiff and good cause appearing therefore; IT IS HEREBY ORDERED that Plaintiffs Motion for Service by Publication is Granted and that service upon Defendant Victoria Radford be made by publication of summons in The Bonner County Daily Bee, newspaper of general circulation in Bonner County, Idaho, and The Reno Gazette Journal, newspaper of general circulation in Washoe County, Nevada, which are the publications most likely to give notice to Defendant, once week for period of four (4) consecutive weeks. DATED: January 3, 2022 /s/ Barbara Buchanan SNP LEGAL 1144 AD#508153 JANUARY 13, 20, 27, FEBRUARY 3, 2022