The State of Idaho will adjudicate
water rights in the Coeur d’Alene-Spokane River Basin beginning in the spring of 2009. The first of the three
Adjudication areas is the Coeur d'Alene
Spokane River
Basin, so this process is called the CSRBA. The CSRBA is divided into five sub-basins,
which the Idaho Department of Water Resources (IDWR) numbers 91 through 95. The CSRBA will commence at the northern
end of Basin 95, when Spirit Lake area property owners will receive Commencement Notices allowing ninety (90) days to make
a water rights claim. Macomber Law, PLLC can assist these property owners with their claims.
Generally, CSRBA water rights holders within the St. Joe, St. Maries, and Coeur d'Alene River basins, including the Rathdrum Aquifer area, will be
requested to submit claims to the CSRBA Court
in Twin Falls, which has been chosen
by the Idaho State Supreme Court as the court location for the legal action. Claims can be submitted over the internet
or by mail, and videoconferencing is available for court hearings.
Macomber
Law, PLLC provides legal services to water rights holders submitting claims to the CSRBA
Court, including the submission of domestic well and surface water claims, commercial
or manufacturing claims, and municipal and water district or association claims. If any claim is objected to by the
State or other party, Macomber Law, PLLC will assist the water right holder in addressing those objections.
Attorney Arthur B. Macomber provides a one-hour seminar within
the Coeur d'Alene-Spokane Watershed Basin to acquaint water rights holders and their agents of the process. Mr. Macomber
covers the basics of the adjudication process and what a real property owner needs to do to prepare to make their claim.
No legal advice regarding an attendee’s particular situation is provided or solicited. Attending the seminar does
not make an attendee a client of Macomber Law, PLLC.
The seminar
goals are:
1)
A brief review of Idaho
water rights
2) Review general adjudication
timeframes
3) To understand the adjudication
process
4) To understand final decree
outcomes
5) Review types of supporting
documentation
6) Discuss how to manage
IDWR
7) To know how to handle claims objections
8) To know when you need professional help
All water rights holders and their agents are encouraged to attend
the seminar, except water users served by irrigation districts, water districts, or municipalities.
All water rights users should make a claim in this adjudication, regardless of the water source they use, including sources such as streams, lakes, wells, springs; or resource
usage type, including domestic, commercial, manufacturing, mining, railroad, in-stream stock water rights, Indian reserved
water rights or federal lands allocative rights. The final outcome of the adjudication's judicial decree is to clarify
your rights to use water, and your property values depend on the clarity of what rights you own to use water compared
to your neighbors, just as fencing provides clarity as to the boundaries of your land.
NOTE: As occurred in the Snake River Basin
Adjudication (SRBA), the Coeur d'Alene
Spokane River Adjudication (CSRBA) will allow deferral of claims by small domestic and stockwater water rights holders.
Macomber Law, PLLC does not suggest any water rights holder defer their claim.
Please call our office for more information.
If you would
like to schedule a one-hour seminar for your organization, or discuss your water rights claim, please call the office
at 208-664-4700.