Water topic on tap
JEFF SELLE/[email protected] | Hagadone News Network | UPDATED 11 years, 4 months AGO
COEUR d'ALENE - As the 27-year-old Snake River Basin adjudication process comes to a close next month, the adjudication process will just be starting in North Idaho.
How to claim a water right was "one of the most important pieces of our talk today," said attorney Chris Bromley, of McHugh Bromley PLLC, on Monday. "This is your one and only chance to get early historic priority dates. You can't get them any other way. This is your one shot."
Why do you need a water right? Idaho is a "first in time, first in right" state when it comes to appropriating water. That means the older the water right is, the more valuable it is in times of water shortages.
Water rights are dated at the time of first use, but in Idaho the state didn't even record groundwater rights until 1963, and surface water rights weren't recorded until 1971.
Bromley explained that a person could walk in and apply for a new water right dated 2014, but adjudication allows water users to date their rights back as far as they can prove that they were using the water.
Carter Fritschle, manager of adjudication for the Idaho Department of Water Resources, said proof could be any sort of documentation that shows how long someone has been using the water for a beneficial purpose.
Proof or evidence of use doesn't necessarily have to be "first-person," Fritschle said, adding history will be considered.
"One of the most interesting ones I can think of during the Snake River Basin adjudication, was in the Lost River Basin," he said. "This particular farmer, who was born in the 1940s, had historically irrigated prior to the May 20 start date for that particular basin.
"The evidence he came up with was his older brother - before he was born - drowned in the irrigation ditch in April. Believe me, I was convinced that if his parents told him that his brother died in an irrigation ditch that had water in it in April, they started irrigating in April historically."
He said if the story sounds plausible, IDWR will recommend that date for that water right.
Both Fritschle and Bromley were speaking on a panel at Law Seminars International's "Water Law in North Idaho" conference at The Coeur d'Alene Resort on Monday.
Bromley went on to explain why Idaho is adjudicating its water.
"Why do we adjudicate water rights? Why are we doing this?" he asked. "At the end of the day, it will give you a predictable system of administration."
There is also property value to consider. He said a piece of property with water rights is more valuable than a dry piece of land, and a piece of property with a senior water right is going to be more valuable than a property with a new water right.
That's why both speakers encouraged the audience to be vigilant and try to prove the oldest use of the water, the maximum amount of usage and try to incorporate flexible diversion points in the water right applications.
"The other factor up here in northern Idaho adjudication, that we didn't have to deal with in the Snake River Basin Adjudication, is your interstate questions with the state of Washington," Bromley said.
The U.S. Supreme Court has jurisdiction over interstate water disputes. Should a dispute arise with the state of Washington, Bromley said it will be beneficial for Idaho to know how much water it is using.
Most domestic and livestock water rights can be deferred, meaning they are automatically granted as much as 13,000 gallons per day, but they won't have a historic priority date.
"My advice to people is for $25 you can file for a water right for domestic and stock water rights," he said. "In my opinion, that's the best insurance you can buy. For $25 you get a piece of paper with decree date, so you have a priority date."
He said if there is ever a dispute, those with priority dates will win in court every time.
Currently, the state is in phase one of the North Idaho Adjudication, which covers the Spokane, Coeur d'Alene and St. Joe River Basins. Phase two will be in the Moscow area next summer, and phase three will come after that and cover the Pend Oreille and Priest Lake basins. No dates have been established for phase three.
• Water meetings in St. Maries
ST. MARIES - The Idaho Department of Water Resources will hold public meetings today and Wednesday with property owners who have filed water right claims in the St. Maries area.
The IDWR will hold the meetings in the Federal Building at three times each day: 9:30 a.m., 2 p.m. and 6:30 p.m.
While the focus will be on people who have filed claims, staff said there may be enough staff on hand to answer general questions about adjudication as well.
ARTICLES BY JEFF SELLE/[email protected]
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