What is a Claim?

Statutory Claim

There are two different types of filings that are often called: "claims". The first is a "statutory claim" that was filed with IDWR to make a record of an existing beneficial use right. In 1978, a statute was enacted requiring persons with beneficial use rights (other than water rights used solely for domestic purposes as defined above) to record their water rights with IDWR. The purpose of the statute was to provide some means to make records of water rights for which there were previously no records. However, these records are merely affidavits of the water users, and do not result in a license, decree, or other confirmation of the water right.

Notice of a Claim

The other type of claim is a "notice of claim" to a water right that is filed with IDWR in water rights adjudications. An adjudication is a court action for the determination of existing water rights, which results in a decree that confirms and defines each water right. (The application/permit/and license procedure described above is for purposes of establishing new water rights.) When an adjudication of a particular source is commenced, IDWR is required to notify the water users of the commencement of the adjudication, and notify the water users that they are required to file notices of claims for their water rights with IDWR. IDWR then investigates the notices of claims and prepares a report that is filed with the court. Claimants of water rights are notified of the filing of the report, and objections to the report may be filed with the court by anyone who disagrees with the findings in the report. If no objection is filed to a water right described in the report, then the court decrees the water right as described in the report. If an objection is filed to a water right described in the report, then the court determines the water right after a hearing and decrees the water right. A general adjudication of the Snake River Basin and Northern Idaho in Idaho is currently ongoing.

Change Ownership or Address for a Notice of Claim

Your Legal Obligation

Idaho law requires new property owners to notify the Department of Water Resources within 120 days of any change in mailing address or change of ownership that applies to all water rights on file with the Department.

Idaho law provides for a $100 late filing penalty.

The process is especially important for claims filed as part of the Snake River Basin Adjudication (SRBA) or Coeur d'Alene-Spokane River Basin Adjudication (CSRBA). If your SRBA or CSRBA claim does not reflect your current address, you could miss out on important procedural notices that may directly affect your water right.

If you buy property that has with it a water right, SRBA or CSRBA claim, you need to make certain you are listed as the current owner and that your address is correct. This is done with a change of ownership form from IDWR. If your water right is still pending before the SRBA or CSRBA Court (i.e., a partial decree has not yet been issued), there is no fee for filing the change of ownership form.

Current Status of Your Claim

You will need to know your claim number to determine the current status of your claim. If you do not know your claim number, go to the text-based search option to find it.

Then, enter the basin (the first 2-digits of your claim number) and subcase (the last 5-digits of your claim number plus any suffix found) in the Subcase Summary Report.