>>Water Rights

What is a Claim?

Statutory Claims

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 in Idaho is currently ongoing.

Other kinds of water “rights”

Some persons have a right to receive water that is not an “appropriation”. For example, some persons have the right to receive water that is represented by shares in a ditch company. In such cases, the ditch company has the appropriation, and the water users have a right to receive water from the ditch company.

Other examples are persons who receive water from a city, an irrigation district, or a water utility company (such as United Water of Idaho). Again, the water user may have a right to receive water from the city, district, or utility, (usually contingent upon payment of a fee), but does not have an appropriation.