Legals for June, 19 2025
AMENDED NOTICE OF FILING PETITION TO COMMENCE GENERAL ADJUDICATION OF WATER RIGHTS CASE NO. 89576 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 KOOTENAI RIVER BASIN WATER SYSTEM The previous Notice of Filing Petition as published by the Idaho Department of Water Resources has been updated pursuant to the March 27, 2025 Order Granting Joint Motion for Extension issued by the Idaho Water Adjudications Court. The date of the commencement hearing on the Petition has been reset as indicated below. TO: ALL PERSONS OWNING RIGHTS TO THE USE OF WATER FROM THE KOOTENAI RIVER BASIN WATER SYSTEM YOU ARE HEREBY NOTIFIED that the State of Idaho, by and through the Office of the Attorney General for the State of Idaho, filed a Petition to Commence Kootenai River Basin Adjudication to commence a general adjudication of water rights from the Kootenai River basin water system on January 3, 2025, pursuant to Idaho Code § 42-1406D. A hearing on the Petition (called a commencement hearing) has been scheduled to begin on July 15, 2025, at 1:30 p.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 Kootenai River basin 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 Kootenai River basin 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 Kootenai River basin within the state of Idaho. A map illustrating the Kootenai River basin 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 compliance 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 January 9, 2025. The Order addresses the requirements for the Commencement Hearing, including the following: 1. Each attorney who represents a person interested in the Kootenai River Basin 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, June 26, 2025. 2. Each attorney or pro se litigant who intends to present evidence shall also file a pre-hearing statement with the district court on or before 5:00 P.M. PT, June 26, 2025. 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, June 26, 2025. 4. Each attorney or pro se litigant shall serve the State of Idaho via the Office of the Attorney 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, June 26, 2025. The addresses for service are as follows: a. Chief, Energy and 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 lodging is as follows: Kootenai River Basin 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 Procedure, 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/KRBA.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 Kootenai River Basin 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). Deferral 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 chooses 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, the Director, the 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 Kootenai River Basin 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. Mathew Weaver, Director Idaho Department of Water Resources HOW TO ACCESS THE HEARING USING ZOOM: 1. How to join the meeting by telephone • Dial the phone number listed above. • When prompted, enter the meeting ID provided above, followed by #. • When prompted, enter the meeting passcode provided above. • More information on how to use a telephone when connecting to a Zoom meeting can be found here: https://support.zoom.us/hc/ en-us/articles/201362663-Joining-a-meeting-by-phone 2. How to join the meeting online • In your browser enter the link https://www.zoom.us/join • Enter the meeting ID provided above. You may see a spinning wheel while the connection is made. • Follow the instructions on the screen to either download and in stall the Zoom client, or to join the meeting via your web browser. • When prompted, enter the meeting passcode provided above. • Once the connection is made, you will be placed in a Waiting Room. A message will appear “Please wait, the meeting host will let you in soon.” • When court begins, you will be brought into the meeting from the Waiting Room. 3. Video (when joining online) • Start your video by clicking Start Video, located in the lower-left corner of the window. 4. Audio • Your sound will be on mute upon entry. • Remain muted unless you are asked to speak to the court. Please be sure you have no background noise while speaking. You may be muted or removed from the hearing if causing a disruption. • To unmute yourself, click the Unmute button, located in the lower-left corner of the window. • If joining only by telephone, press *6 to toggle between unmute/ mute. 5. Courtroom standards • Participants should dress and act as if they were physically in the courtroom. • Do not talk over others. • If joining online, you may raise your hand from the Participants tab at the bottom of the window if you would like to speak with the court or if you need to have a conversation with your counsel. 6. Assistance • Additional resources on how to use Zoom to participate in a remote court hearing can be found at http://isc.idaho.gov/isc-zoom If you have questions regarding this remote hearing or the steps above, please contact the Deputy Clerk of the Snake River Basin Adjudication District Court at 208-736-3011. Legal#7064 AD#36959 June 5, 12, 19, 2025
The following application(s) have been filed to appropriate the public waters of the State of Idaho: 96-17137 DAMON VAUDRIN BOBBIE VAUDRIN PO BOX 219 COCOLALLA, ID 83813-0219 Point of Diversion NESE S20 T55N R02W BONNER County Source UNNAMED STREAM Tributary COCOLALLA CREEK Use: DIVERSION TO STORAGE 01/01 to 12/31 0.2 CFS Use: FIRE PROTECTION STORAGE 01/01 to 12/31 0.1 AF Use: IRRIGATION 04/01 to 10/31 0.15 CFS Total Diversion: 0.2 CFS Date Filed: 06-02-2025 Place Of Use: FIRE PROTECTION STORAGE,IRRIGATION T55N R02W S20 NESE 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 7/7/2025. The protestant must also send a copy of the protest to the applicant. MATHEW WEAVER, Director Legal#7044 AD#37413 June 19, 26, 2025 _________________________
NOTICE OF TRUSTEE’S SALE - To be sold for cash at a Trustee’s Sale on August 11, 2025, 10:00 AM at the Bonner County Courthouse, 215 South First Avenue, Sandpoint, ID 83864, the following-described real property situated in Bonner County, Idaho (the “Property”): Lot 1 of Champion Acres, according to the plat thereof, recorded in Book 7 of Plats, page 267, records of Bonner County, Idaho Commonly known as: 99 Northern Sky Road, Athol, ID 83801 Dale G Johnson and Rose M Johnson, as Trustors conveyed the Property via a Deed of Trust dated February 14, 2017, in favor of Mortgage Electronic Registration Systems, Inc., as Beneficiary, as nominee for Low VA Rates, LLC, its successors and assigns, in which Nations Title was named as Trustee. The Trust Deed was recorded in Bonner County, Idaho, on March 3, 2017, as Instrument No. 902379, of Official Records. The Deed of Trust was assigned for value to Village Capital & Investment LLC via an Assignment of Deed of Trust dated January 27, 2025 and recorded in Bonner County, Idaho, on January 31, 2025, as Instrument No. 1043190 Brigham J. Lundberg is the Successor Trustee pursuant to an Appointment of Trustee recorded in Bonner County, Idaho, on February 28, 2025 as Instrument No. 1044107, of Official Records. Village Capital & Investment LLC (“Beneficiary”) has declared a default in the terms of said Deed of Trust due to Trustor’s failure to make monthly payments beginning February 1, 2023, and each month subsequent, which monthly installments would have been applied on the principal and interest due on said obligation and other charges against the property or loan. By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Deed of Trust immediately due and payable. The total amount due on this obligation is the principal sum of $111,674.85, interest in the sum of $11,150.27, escrow advances of $10,503.33, other amounts due and payable in the amount of $13,913.03, for a total amount owing of $147,241.48, plus accruing interest, late charges, and other fees and costs that may be incurred or advanced. The Beneficiary anticipates and may disburse such amounts as may be required to preserve and protect the property and for real property taxes that may become due or delinquent, unless such amounts of taxes are paid by the Trustors. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligations secured by the Deed of Trust. Other expenses to be charged against the proceeds of this sale include Trustee fees, attorney fees, costs and expenses of the sale, and late charges, if any. Beneficiary has elected and has directed the Trustee to sell the above-described property to satisfy the obligation. The sale is a public sale and any person, including the Beneficiary, may bid at the sale. The bid price must be paid immediately upon the close of bidding by certified funds (valid money orders, certified checks or cashier’s checks). The conveyance will be made by Trustee’s Deed, without any representation or warranty, including warranty of title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The Trustors, successor in interest to the Trustors, or any other person having an interest in the property, or any person named in Idaho Code § 45-1506, has the right, at any time prior to the Trustee’s Sale, to pay to the Beneficiary, or the successor in interest to the Beneficiary, the entire amount then due under the Deed of Trust and the obligation secured thereby (including costs and expenses actually incurred and attorney fees) other than such portion of the principal as would not then be due had no default occurred and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust with Successor Trustee fees and attorney fees. In the event that all defaults are cured the foreclosure will be dismissed and the foreclosure sale will be canceled. The scheduled Trustee’s Sale may be postponed by public proclamation up to 30 days for any reason. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Successor Trustee and the successful bidder shall have no further recourse. The above Trustors are named to comply with Idaho Code § 45-1506(4)(a). No representation is made that they are, or are not, presently responsible for this obligation. This is an attempt to collect a debt and any information obtained will be used for that purpose. Dated this 1st day of April, 2025. Brigham J. Lundberg Successor Trustee 376 East 400 South, Suite 300, Salt Lake City, UT 84111 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) HWM File No. ID21297 Legal#7056 AD#37693 June 19, 26, & July 3, 10, 2025 _________________________
NOTICE TO CREDITORS CASE NO. CV09-25-0949 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: LISA M. FRANSSON, Deceased.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: 6/6/2025 /S/LENNART E. FRANSSON Personal Representative c/o CUSACK LINSCOTT MERCK LAW FIRM, PLLC 320 E. Neider Avenue, Suite 206 Coeur d’Alene, Idaho 83815 Legal#7057 AD#37708 June 19,26 & July 3 2025 _________________________