CText Box: Considerations for Water Right Adjudication in Northern Idaho
CText Box: Discussion Items
•Apply for a permit with IDWR

•Divert the water and beneficially use it

“Grandfather right”

“Beneficial Use Right”

“Constitutional Right”

No longer available except in certain de minimis situations

Text Box: Two ways to establish water rights in IdahoC
CText Box: Elements of a Water Right

cfs = cubic feet per second

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Text Box: How do we start to sort this out???
•Similar to most Western States

•Determination in State Court of the water rights in a given basin, with the aid of the Idaho Department of Water Resources as technical expert, based on claims of water right holders

•Individuals, companies, all levels of government and tribes are compelled to participate

•Provides the basis for water management

Text Box: What is a Water Right Adjudication in Idaho?
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CText Box: SRBA Present Status – State-Based Rights

ProsCons

Text Box: Pros and Cons of Water Right AdjudicationsText Box: Beneficial use rights are determinedUnused water rights are culledProvides basis for conjunctive administrationFed

Pros (cont.)Cons(cont.)

Text Box: Pros and Cons of Water Right AdjudicationsC
•Goal 2, Item B

The Department of Water Resources will work with the Rathdrum Prairie Ground Water Management Advisory Committee and local elected officials to determine the feasibility, cost and potential funding mechanismsto begin adjudication of water rights in the Coeur d'Alene Basin. The IDWR will include the preferred alternative in its Fiscal Year 2007 budget request along with any legislation necessary to undertake the adjudication.

Text Box: Recommended and Adopted Management Plan
•SECTION 4. It is legislative intent that the Department of Water Resources work with the Rathdrum Ground Water Management Plan Advisory Committee and local elected officials to determine the feasibility, cost and potential funding mechanismsto begin adjudication of water rights in the Coeur d'Alene Basin. The Department is requested to include the preferred alternative in its Fiscal Year 2007 budget request along with any legislation necessary to undertake the adjudication.

Text Box: JFAC Guidance for 2005
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CText Box: Basin 87
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•Tabular (words) and spatial (map) information for all water rights

Text Box: Features of a 21st Century Adjudication
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•Internet filing capability and Internet access to all adjudication information

Text Box: Features of a 21st Century Adjudication (cont.)
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Text Box: Potential Legislation Changes??????????,?????????,?????????????8????????,??
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Text Box: Projected Counts??????????,?????????,?????????????8????????,??
•2006

•Enact legislation

•Identify funding

•2007

•Prepare updated claims-taking software

•Develop on-line claims filing capability

•Arrange audio/visual links with the Court

•Obtain GIS images and layers

•Work with counties to create digital

ownership information

Text Box: Projected Milestones – By Fiscal Year
•2008

•Commence the adjudication for Basins 91-95

•Conduct public meetings

•Send round-one service

•Conduct claims taking

•2009-2010

•Conduct field examinations

•Prepare recommendations

•2011

•File Director’s Reports

2012

•Dispute resolution

Text Box: Projected Milestones – By Fiscal Year – Basins 91-95
Text Box: Projected Milestones – By Fiscal Year – Northern Basins??????????,?????????,?????????????8????????,??
Text Box: Projected Costs??????????,?????????,?????????????8????????,??
•Update fees (a third of the cost)?

•Provide General Fund (a third of the cost)?

•Other?

Text Box: Potential Funding Mechanisms
•Determination of tribal water rights on Lake Coeur d’Alene could be a costly and long-term battle

Text Box: Attorney General Concern
•IDWR is awaiting legislative direction

Text Box: Next Steps