Town Hall Meeting Dave Tuthill Director Don Shaff Adjudication Bureau Chief Garrick Baxter Deputy Attorney General July 21-24, 2008 Northern Idaho Adjudication Coeur d’ Alene/Spokane River Water System

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication."2 Meeting 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 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 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."5 Introduction of Court Judge John M. Melanson Eric Wildman, staff attorney

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 4 th Street » Coeur d’ Alene » 10:00 a.m.

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

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 Hearing to 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 Hearing Commencement Order Notice File Claims Investigate Prelim Report Director’s Report ObjectionsResponses 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? l Water rights permitted or licensed by the Department have been defined at the time the license was issued often to the prior owner. l Water rights that were established without permitting/licensing have not been defined. l Water rights recorded as IDWR claims have not been confirmed. l 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 B. 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? 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; planning Over 131,500 in Kootenai Co. in 2006; 21% increase since 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 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 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 l Beneficial use rights are determined l Unused water rights are culled l Provides basis for administration l Federal and tribal rights are determined l Cost  Water right holders  Legislative resources  Judicial resources  Governmental agency resources  Public – General Fund l Federal and tribal claims are asserted ProsIssues

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication."20 Reason for Northern Idaho Adjudication Pros (continued) l Dormant problems are resolved l Enhances the opportunity to resolve interstate issues Issues (continued) l Dormant problems are discovered

NIA Responsibilities State-BasedRightsFederal-BasedRights IDWR Attorney General IDWR Attorney General PermitsLicensesBeneficial Uses Uses FederalReservations Tribal 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 § b l Fifth District Court has been provisionally selected. l 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."26 Projected Fiscal Year Milestones FY2007 Prepare updated claims-taking software  Design of software is nearly complete Develop on-line claims filing capability  Development is underway Obtain GIS images and layers  Overflight of Northern Idaho to collect imagery has been conducted Acquire and install VTC equipment  Court, Boise, Coeur d’ Alene

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication."27 Projected Yearly Milestones Conduct public information meetings Commence the Coeur d’ Alene drainage Adjudication concentrating 1 st in Kootenai County and Rathdrum Prairie Round one service staged or staggered to all potential claimants Receive and assist filing of water rights claims 2010–2011 Conduct field examinations Prepare recommendations for decrees 2012 File Director’s Reports for decree recommendations 2013 Resolution of objections to recommendations

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication."28 Researching IDWR Water Right Records

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 Form Small D&S Less than 13,000 gallons per day

IDWR Mission: "Accurately determine the water rights in the Northern Idaho Adjudication."80 Long Claim form For all other uses