Water adjudication workshop today

SANDPOINT – Got water?

If so, it's time to get in line and file a water right claims. And, if you're looking for a little help, the Idaho Department of Water Resources is in town to help residents file claims for the Clark Fork-Pend Oreille River Basin Adjudication.

The last in a series of workshops is today, April 6 at the Ponderay Events Center, 401 Bonner Mall Way, Ponderay. The workshop is from 8 a.m. to 6 p.m. IDWR staff will serve the public on a first-come, first-served basis to answer questions and help people file water rights claims in the basin. To avoid longer wait times, IDWR staff recommends avoiding peak busy periods around 8 a.m., noon and 5 p.m.

Since September 2021, IDWR has mailed roughly 27,000 notices to property owners, notifying residents about the adjudication process and requesting they file water rights claims. About 6,700 water rights claims have been filed so far with IDWR, with an estimated 9,000 water rights claims expected to be filed.

The basin reaches from the Canadian border in Boundary County to the area surrounding the southern tip of Lake Pend Oreille in Kootenai County at its southernmost point. The basin reaches across the length of the panhandle from the Washington border in the west to the Montana border in the east.

More specifically, the northern border of the basin consists of the area surrounding Upper Priest River, Pack River, Grouse Creek and areas west of the Cabinet Mountains. The southern border of the basin consists of the area around Hoodoo Creek, Careywood Creek, the southernmost portion of Lake Pend Oreille, and the surrounding area up until the Shoshone County border.

A water right is a legal ability for an entity to use water from a specific source. The Clark Fork-Pend Oreille River Basin Adjudication enables existing water users to claim the quantities and priority dates for their water rights and have them recognized by an Idaho Court decree. Confirming the priority date matters because, in times of water scarcity, water users who are first in time are first in right, under Idaho water law.

In Idaho, citizens have natural water rights for domestic and stockwater use — also known as de minimis water rights — meaning that they are allowed to use the water in Idaho without first getting permission. All other forms of water use must first acquire a permit through the department.

Water users who receive all of their water from a city, irrigation or water utility district, or a company are not required to file a claim for that water. A water delivery organization typically files for the water right used by all its customers or patrons.

When IDWR held workshops in May 2022, several hundred people living in the Clark Fork-Pend Oreille River Basin met with officials for help in filing for water rights.

The adjudication process for the basin got the judicial green light on June 15, 2021, starting the process to document users' claims.

As part of the adjudication process, IDWR officials will catalog and verify all surface and groundwater uses claimed in the Clark Fork-Pend Oreille River Basin. Eventually, IDWR will file a director’s report, detailing the department’s recommendations regarding the elements of each water right. Ultimately, the court issues a decree confirming the elements of each water right.

It should be noted that those who are using water domestically have what is referred to as natural water right, meaning that a permit does not need to be filed beforehand to use the water. Even though filing these rights can be put off for the time being, domestic water rights will also need to go through the adjudication process.

Other types of water rights must have a permit before water is diverted from its natural source and put to use and may be subject to different fees.

IDWR staff recommends bringing a property tax notice with parcel information, any related water rights records, and knowledge of the facts related to the development of water use on the property, especially the date when the water was first used. Acceptable forms of evidence can include physical or written evidence of water use, including notarized testimony.

Filing complex water rights claims or multiple claims may take more time and could require follow-up through additional appointments or by telephone, e-mail or written communication.

Filing a claim costs $25 for domestic and stockwater uses. Other types of water rights will be subject to different fee amounts. To file a claim or view the basin map, visit the Idaho Department of Water Resources website at bit.ly/40M1FMI.

Additional help is available in person at IDWR’s northern regional office in Coeur d’Alene, 7600 N. Mineral Drive, Suite 100. They can also be reached by phone at 208-762-2800, or by email at northerninfo@idwr.idaho.gov. Those experiencing difficulties with filing a claim are encouraged to reach out.

Payment of filing fees can be made at the public workshops in Sandpoint. For cash transactions, please bring the exact amount due. Checks are accepted.

Information: online, bit.ly/40M1FMI; the IDWR adjudication hotline, 1-800-451-4129; at the regional office in Coeur d’Alene, 7600 N. Mineral Drive, Suite 100; or by phone at the Northern Region Office, 1-208-762-2800