town hall meeting dave tuthill director don shaff adjudication bureau chief garrick baxter deputy...

Town Hall Meeting

Dave TuthillDirector

Don ShaffAdjudication Bureau Chief

Garrick BaxterDeputy Attorney General

July 21-24, 2008

Northern Idaho AdjudicationCoeur d’ Alene/Spokane River

Water System

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 2

Meeting AgendaMeeting Agenda

Welcome and Introductions Petition Hearing Procedures Why Adjudicate? Description of the Northern Idaho Adjudication

(NIA) Process How the NIA Process Affects You Questions or Concerns

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 3

Introduction of IDWR StaffIntroduction of IDWR Staff

Northern Region Adjudication Staff

» Ken Knoblock, Water Rights Supr

» Chad Goodwin, WR Agent

» Shaun Maxey, WR Agent

» Carolyn Monitz, Clerk

» Suzy Cooley-Denney, Paralegal

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 4

Introduction of IDWR StaffIntroduction of IDWR Staff

State Office Staff

» Carter Fritschle, Section Manager

» Craig Saxton, Water Right Supr

» Sandy Hemenway, Sr WR Agent

» Monica Van Bussum, Sr WR Agent

» Zach Maillard, GIS Analyst

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 6

Petition Filed

July 8, 2008» Coeur d’ Alene-Spokane River water system

August 28, 2008 Hearing» Federal Courthouse» 205 North 4th Street» Coeur d’ Alene» 10:00 a.m.

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 7

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 8

Petition

All surface and ground waters United States and Tribes are included No water uses are excluded Requests claimants can choose to defer

(postpone) filing for small D&S rights» Stipulation – State and US» Agreed procedure for adjudicating deferred

small D&S claims

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 9

Procedures before Hearingto present evidence or argument August 14, 2008 deadline Notice of Appearance Prehearing statement

» Issues raised

» List of documents that will be offered

» List of witnesses

» Estimated amount of time for each witness Brief or Memorandum in support of legal

argument All court filings served on State, IDWR, and US

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 10

NIA Process

Petition HearingCommencement

OrderNotice

FileClaims

Investigate Prelim ReportDirector’s

Report

Objections Responses

Settlement

Trial

Water Right Decree

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 11

Questions?

Thank you for coming

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 12

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 13

Reason for Northern Idaho Adjudication

Why haven’t water rights been defined in Northern Idaho? Water rights permitted or licensed by the

Department have been defined at the time the license was issued often to the prior owner.

Water rights that were established without permitting/licensing have not been defined.

Water rights recorded as IDWR claims have not been confirmed.

Water rights reserved under Federal law or tribal treaties have not been defined.

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 14

Reason for Northern Idaho Adjudication

Why adjudicate (define extent of) water rights?

What hasn’t been defined can’t be managed or administered!

Idaho Law TITLE 42

IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION CHAPTER 14

ADJUDICATION OF WATER RIGHTS 42-1406B. NORTHERN IDAHO

WATER RIGHTS ADJUDICATIONS -- COMMENCEMENT. (1) Effective management of the waters of northern Idaho

requires that a comprehensive determination of the nature, extent and priority of the rights of all users of surface and ground water be determined. Therefore, the director of the department of water resources shall petition the district court to commence adjudications within the terms of the McCarran amendment, 43 U.S.C. section 666, of the water rights from surface water and ground water sources in northern Idaho through initiation of three (3) proceedings.

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 16

Why Adjudicate Water Rights?Why Adjudicate Water Rights?

Water is a valuable resource in Idaho

Supplies are not always sufficient to meet all demands

Quantification is needed for proper delivery; buyers, sellers, and lenders; planningOver 131,500 in Kootenai Co. in 2006; 21% increase since 2000. Idaho projected to increase by 52% by 2030.

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 17

Proper Management Requires Resource Quantification

Proper Management Requires Resource Quantification

Sources used Rates of flow Volume diverted Extent of uses (e.g.,

acres irrigated, municipal and industrial flows, etc.)

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 18

Water ManagementWater Management

Decrees are necessary to administer water!

Decrees are necessary to manage water. Grandfather (beneficial use) rights must

be determined Changed licensed or decreed water rights

must be clarified Federal and tribal water rights must be

determined

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 19

Reason for Northern Idaho Adjudication

Beneficial use rights are determined

Unused water rights are culled

Provides basis for administration

Federal and tribal rights are determined

CostWater right holdersLegislative resourcesJudicial resourcesGovernmental agency

resourcesPublic – General Fund

Federal and tribal claims are asserted

ProsPros IssuesIssues

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 20

Reason for Northern Idaho Adjudication

Pros Pros (continued)(continued)

Dormant problems are resolved

Enhances the opportunity to resolve interstate issues

Issues Issues (continued)(continued)

Dormant problems are discovered

NIA Responsibilities

State-BasedState-BasedRightsRights

Federal-BasedFederal-BasedRightsRights

IDWR Attorney General IDWR Attorney General

PermitsPermits

LicensesLicenses

BeneficialBeneficial UsesUses

Federal Federal ReservationsReservations

Tribal RightsTribal Rights

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 22

Federal Reserved Water Rights

Congress can set aside or “reserve” land for uses such as tribal reservations, military reservations, national parks or forests.

Winters vs. United States:

»Congress also implicitly reserves sufficient water to satisfy the purposes for which the reservation was created.

Narrowed in scope by later decisions.

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 23

Federal Reserved Water Rights

Why important?

»Tribes do have water rights. They are just unquantified at this point. They will not go away.

» Idaho cannot effectively managed its water resources if it does not know how much unappropriated water is available.

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 24

Federal Reserved Water Rights

Why important?

»For the State to protect and manage our water, it is necessary to have federal reserved water rights inventoried and quantified.

»The state can then integrate the federal reserved water rights with state based water rights and manage water sources with greater certainty.

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 25

Provisions of Idaho Code § 42-1406b

Fifth District Court has been provisionally selected.

Connectivity will be enhanced by video teleconference (VTC)

IDWR has purchased and tested VTC to Coeur d’ Alene office

Will deploy to Court when line established that has been ordered.

District Court having jurisdiction for adjudication selected by the Idaho Supreme Court

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 28

Researching IDWRWater Right Records

www.idwr.idaho.gov

www.srba.state.id.us

Filing Claims in the Northern Idaho Adjudication

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 53

Claim Filing Options

File a claim online Complete a paper claim form and mail or

hand deliver it to any IDWR office Make an appointment to meet with IDWR

staff at any IDWR office

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 54

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 55

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 56

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 57

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 58

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 59

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 60

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 61

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 62

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 63

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 64

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 65

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 66

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 67

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 68

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 69

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 70

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 71

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 72

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 73

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 74

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 75

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 76

Paper Claim Form

Available from IDWR website for downloading Acrobat file or printing.

IDWR will mail form and instructions on request.

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 77

Short-Claim FormSmall D&S

Less than 13,000 gallons per day

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication." 80

Long Claim formFor all other uses