Water adjudication proceeding on schedule

SANDPOINT — You can’t believe everything you see on social media.

That's the message from Idaho Department of Water Resources officials after a video filled with erroneous information about the Clark Fork-Pend Oreille River Basin water adjudication process was shared on TikTok.

The video prompted a number of angry calls to IDWR offices in Coeur d'Alene and Boise, most from out of state.

None of the claims are true, Steve Stuebner, IDWR public information officer, said.

"IDWR officials want to reassure the public that the purpose of the adjudication is to document and protect water rights held by water users," Stuebner said. "Idaho has been adjudicating water rights throughout its history."

Among recent adjudication efforts are the Snake River Basin Adjudication, which commenced in 1987; followed by the Northern Idaho Adjudications and the Bear River Basin Adjudication.

The agency is proceeding on schedule with the Clark Fork-Pend Oreille River Basin adjudication process, Stuebner said. A majority of the water rights claims in the basin have been filed after two years of working with water users and property owners to file claims.

IDWR has received a total of 8,176 water rights claims in the basin so far. The agency will send a final notice soon to those who have not yet filed a claim file. The mailing explains the adjudication process, who is required to file a claim, and how to file a claim, Stuebner said.

The deadline for filing claims associated with that mailing will be this summer.

Since September 2021, IDWR has mailed 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 with IDWR to date, 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 the legal ability of 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.

However, IDWR officials said those de minimus uses — which do not exceed 13,000 gallons per day and a half-acre of irrigation — are deferrable and a claim is not required at this time. However, Stuebner said the agency recommends such users may want to file a claim now as it is the cheapest and easiest time to do so.

While water rights claims can be filed after the deadlines, individuals will be assessed a late fee of $50 or 15% of the original filing fee — whichever is greater.

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

"Significant population growth in the state has led to increased demands on existing water resources," Stuebner said. "If a water right is negatively impacted by overuse, IDWR cannot intervene to resolve the injury until the priority dates and other elements of all water rights from the same source have been legally determined through an adjudication."

For  information or to file a claim: 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.