Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.01 - ADJUDICATION RULES › Section 37.03.01.060 - SUFFICIENCY OF CLAIMS

Current through August 31, 2023
01.
Single
			 Claim
. Except for claims based on both state law and federal law, a
			 single claim may describe only one (1) water right. A claim that describes more
			 than one (1) water right will be rejected and returned along with any fees
			 paid, and must be refiled as multiple claims. (3-18-22)
02.
State Law Claim Form -- Minimum
			 Requirements
. Claims filed on the state law claim form shall contain the
			 following information: (3-18-22)
a. Name,
			 Address and Phone Number of Claimant. The name, address, and phone number of
			 the claimant and all co-claimants claiming the water right jointly with the
			 claimant shall be listed at item one (1) of the form. (3-18-22)
b. Date of Priority. The date of priority
			 shall be listed at item two (2) of the form, and shall include month, day and
			 year. Only one (1) priority may be stated unless the claim is based upon both
			 state and federal law as provided in Subsection
			 060.01. If more than one (1)
			 priority date is stated, the claim will be rejected and returned along with any
			 fees paid, and must be refiled as multiple claims. (3-18-22)
i. Within thirty (30) days, unless an
			 extension by the director or his designee is approved, the claimant shall
			 provide evidence of the priority date to support the water right claimed. If
			 the claimant fails to provide evidence of priority, the form may be rejected
			 and returned with no refund of the fees paid. (3-18-22)
c. Source of Water Supply. The source of
			 water supply shall be stated at item three (3) of the form. (3-18-22)
i. For surface water sources, the source of
			 water shall be identified by the official name listed on the U.S. Geological
			 Survey Quadrangle map. If no official name has been given, the name in local
			 common usage should be listed. If there is no official or common name, the
			 source should be described as "unnamed stream" or "spring." The first named
			 downstream water source to which the source is tributary shall also be listed.
			 For ground water sources, the source shall be listed as "ground water."
			 (3-18-22)
ii. Only one (1) source
			 shall be listed unless the claim is for a single water delivery system that has
			 more than one (1) source, or the claim is for a single licensed or decreed
			 right that covers more than one (1) water delivery system. If more than one (1)
			 source is listed and the claim is not for a single water delivery system that
			 has more than one (1) source, and the claim is not for a single licensed or
			 decreed water right that covers more than one (1) water delivery system, the
			 claim will be rejected and returned along with any fees paid, and must be
			 refiled as multiple claims. (3-18-22)
d. Location of Point of Diversion. For claims
			 other than in-stream flows, the location of the point(s) of diversion shall be
			 listed at item four (4) part (a) of the form. For claims to in-stream flows,
			 the beginning and ending points of the claimed in-stream flow shall be listed
			 at item four (4) part (b) of the form. (3-18-22)
i. The location of the point of diversion
			 shall be described to nearest forty (40) acre tract (quarter-quarter section)
			 or government lot number, and shall include township number (including north or
			 south designations), range number (including east or west designations),
			 section number, and county. (3-18-22)
ii. The claimant shall also list the Parcel
			 Number or Parcel Identification Number (PIN) as assigned by the county
			 assessor's office for the parcel where the water is diverted unless no Parcel
			 Number or PIN is recorded for the property at the point of diversion.
			 (3-18-22)
iii. If the point of
			 diversion is located in a platted subdivision, a plat of which has been
			 recorded in the county recorder's office for the county in which the
			 subdivision is located, the claimant shall also list the subdivision name,
			 block number and lot number in item thirteen (13) of the form (remarks
			 section). (3-18-22)
iv. A claim to
			 a water right that includes storage shall state the point at which water is
			 impounded (applicable only to on-stream reservoirs) or the point at which water
			 is diverted to storage (applicable only to off-stream reservoirs), the point at
			 which water is released from storage into a natural stream channel (applicable
			 only where a natural stream channel is used to convey stored water), and the
			 point at which water is rediverted (applicable only where a natural channel is
			 used to convey stored water). (3-18-22)
v. Only one (1) point of diversion shall be
			 listed unless the claim is for a single water delivery system that has more
			 than one (1) point of diversion, or the claim is for a single licensed or
			 decreed water right that covers more than one (1) water delivery system. If
			 more than one (1) point of diversion is listed and the claim is not for a
			 single water delivery system that has more than one (1) point of diversion, and
			 the claim is not for a single licensed or decreed water right that covers more
			 than one (1) water delivery system, the claim will be rejected and returned
			 along with any fees paid, and must be refiled as multiple claims.
			 (3-18-22)
e. Description
			 of Diversion Works. The diversion works shall be described at item five (5) of
			 the form. (3-18-22)
i. The description shall
			 include all major components of the water delivery system, such as dams,
			 reservoirs, ditches, pipelines, pumps, wells, headgates, etc. The description
			 shall also include those dimensions of major components which affect the
			 diversion capacity of the water delivery system. The description shall also
			 state whether the ditches are lined and/or covered, the depth of wells, the
			 horsepower capacity of pumps, and whether headgates are automatic or equipped
			 with locks and/or measuring devices. (3-18-22)
ii. The description shall include the dates
			 and a description of any changes in use (including change in point of
			 diversion, place of use, purpose of use, and period of use) or enlargements in
			 use (including an increase in the amount of water diverted, the number of acres
			 irrigated, or additional uses of water), and as to those dimensions required to
			 be described above, the dimensions as originally constructed and as enlarged.
			 (3-18-22)
iii. Water delivery
			 organizations shall describe the water delivery system up to and including the
			 point where responsibility for water distribution is assumed by entities other
			 than the water delivery organization. (3-18-22)
f. Purpose of Use and Period of Use. Each
			 purpose for which water is claimed, the period of use for each purpose for
			 which water is claimed, and the amount of water claimed for each purpose for
			 which water is claimed shall be listed at item six (6) of the form. Period of
			 use shall include the month and day of the first and last day of use. For
			 example, the period of use for domestic use is often January 1st through
			 December 31st. (3-18-22)
i. The purpose may be
			 described in general terms such as irrigation, industrial, municipal, mining,
			 power generation, fish propagation, domestic, stock watering, etc.
			 (3-18-22)
ii. A claim to a water
			 right that includes storage shall be broken down into component purposes with
			 the ultimate use(s) of the stored water indicated. The component purposes of a
			 storage right are diversion to storage (not applicable to on-stream
			 reservoirs), storage, and diversion from storage (not applicable where the
			 ultimate use is an in-reservoir public purpose). Detention of water in a
			 holding pond that can be filled in less than twenty-four (24) hours at the
			 claimed diversion rate is not required to be claimed as storage. The amount of
			 water claimed shall be limited to the active storage capacity of the reservoir
			 unless a past practice of refilling the reservoir during the water year
			 (October 1 to September 30) is shown or the claim is for a licensed or decreed
			 right that includes refill. If a past practice of refilling the reservoir is
			 shown or if the claim is for a licensed or decreed right that includes refill,
			 the total amount of water claimed for the calendar year and the entire period
			 during which diversion to storage or impoundment occurs shall be indicated.
			 (3-18-22)
iii. The amount of water
			 claimed for each purpose for which water is claimed shall not exceed the amount
			 of water beneficially used for the purpose claimed, and the period of use for
			 each purpose claimed shall not exceed the period in which water is beneficially
			 used for the purpose claimed. (3-18-22)
iv. The amount of water diverted shall be
			 listed in cfs, and the amount of water stored shall be listed in af per annum.
			 (3-18-22)
g. Amount of
			 Water Claimed. The total amount of water claimed shall be listed at item seven
			 (7) of the form. The total amount of water claimed shall not exceed the total
			 of the amounts listed at item six (6) of the form, or the total diversion
			 capacity of the diversion system, whichever is less. (3-18-22)
h. Description of Non-Irrigation Uses.
			 Non-irrigation uses shall be fully described at item eight (8) of the form. For
			 domestic uses, the number of households served shall be described; for stock
			 watering uses, the type of stock and number of each type of stock shall be
			 described. (3-18-22)
i. If the claimant's
			 domestic use does not meet the definition of domestic use in Subsection
			 010.07, the form will be
			 rejected and returned unless the appropriate variable fee is paid.
			 (3-18-22)
ii. The claimant shall
			 also state whether the stock watering use is in-stream, or whether water is
			 diverted from the source for stock watering. Both types of stock watering
			 cannot be filed on the same claim form; each type requires a separate claim.
			 (3-18-22)
iii. Domestic use for
			 organization camps and public campgrounds shall be fully described, including
			 but not limited to the number of camp units, water faucets, flush toilets,
			 showers, and sewer connections. Description of domestic use for organization
			 camps and public campgrounds shall also include the average and peak number of
			 individuals using the facility, and the periods when peak or average rates of
			 usage occur. (3-18-22)
i.
			 Place of Use. The place of use for each purpose for which water is claimed
			 shall be listed at item nine (9) of the form, except that the place of use for
			 in-stream flows for public purposes need not be listed if the place of use is
			 fully described as the stream between the beginning and ending points listed as
			 the points of diversion. (3-18-22)
i. Except
			 claims for irrigation projects and irrigation districts meeting the criteria
			 described in Subsection
			 060.i.ii. below, the number of
			 acres irrigated shall be described by entering the appropriate numbers in the
			 appropriate boxes for each forty (40) acre tract or government lot on the form.
			 For other uses, a symbol or letter corresponding to the purpose for which water
			 is claimed shall be placed in the appropriate box for each forty (40) acre
			 tract or government lot on the form. (3-18-22)
ii. Claims for an irrigation project where
			 the canals constructed cover an area of twenty-five thousand (25,000) acres or
			 more, or irrigation districts organized and existing as such under the laws of
			 the state of Idaho, or for beneficial use by more than five (5) water users in
			 an area of less than twenty-five thousand (25,000) acres shall be accompanied
			 by a map showing the boundaries of the project or irrigation district, and
			 shall state the total number of acres irrigated within the boundaries of the
			 project or irrigations district. The project or district shall submit a map of
			 the boundary of the place of use and, when available, a digital boundary
			 defined in Section
			 42-202(B)(2),
			 Idaho Code. (3-18-22)
iii. The
			 claimant shall also list the Parcel Number or Parcel Identification Number
			 (PIN) as assigned by the county assessor's office for the parcel where the
			 water is used unless no Parcel Number or PIN is recorded for the property at
			 the place of use or the PIN is the same as the PIN shown in item four (4) for
			 the point of diversion. (3-18-22)
j. County of Place of Use. The county(ies) in
			 which the place(s) of use is (are) located shall be listed at item ten (10) of
			 the form. (3-18-22)
k. Authority to
			 Assert Claim. The claimant shall indicate at item eleven (11) of the form
			 whether the claimant is the owner of the place(s) of use. If the claimant is
			 not the owner of the place(s) of use, the claimant shall describe in the
			 remarks section of the form the claimant's authority to assert the claim.
			 Unless the claimant is a water delivery organization, the claimant shall also
			 state the name, address, and phone number of the owner(s) of the place of use
			 in item thirteen (13) (remarks section) of the form. (3-18-22)
l. Other Water Rights. The claimant shall
			 describe at item twelve (12) of the form any other water rights used at the
			 same place and for the same purpose as the right claimed. If there are no other
			 water rights used at the same place and for the same purpose as the right
			 claimed, the claimant shall state "NA" or "none." (3-18-22)
m. Remarks. At item thirteen (13) of the
			 form, the claimant may submit any additional, relevant information not
			 specifically requested. If the space provided is not sufficient, remarks shall
			 be set forth on a separate piece of paper and attached to the form. All
			 separate attachments must be specifically referenced in the remarks section of
			 the form. (3-18-22)
n. Maps. An
			 aerial photograph or USGS quadrangle map shall be included with the claim,
			 unless the claim meets the definition of domestic use and stock watering use as
			 defined in Section 010 or unless
			 the claim is submitted electronically through the department's online claim
			 filing website. The point(s) of diversion, place(s) of use, and the water
			 delivery system shall be identified on the aerial photograph or USGS quadrangle
			 map. (3-18-22)
o. Basis of Claim.
			 The basis of the claim shall be indicated at item fourteen (14) of the form. If
			 a water right number has been assigned by the department to the right claimed,
			 the water right number shall also be indicated. If a water right number has not
			 been assigned and the water right is based upon a decree, the claimant shall
			 list the title and date of the decree, the case number, and the court that
			 issued the decree. If the basis of claim is a beneficial use (also known as the
			 constitutional method of appropriation), the claimant shall provide a short
			 description of events or history of the development of the water right.
			 (3-18-22)
p. Signature. Each claim
			 must be signed by the claimant at item fifteen (15) of the form, unless the
			 claim is submitted electronically through the department's online claim filing
			 website. Each claimant, through submission of a signed claim or through
			 submission of a claim by means of the department's online claim filing website,
			 solemnly swears or affirms under penalty of perjury that the statements
			 contained in the notice of claim are true and correct. (3-18-22)
i. For claims submitted through the
			 department's online claim filing website, the form shall be submitted by a
			 person listed as the claimant at item one (1) of the form unless the person
			 submitting the form has authority to submit the form for the claimant or
			 claimants. Claims by corporations, municipalities or other organizations shall
			 be submitted by an officer of the corporation or an elected official of the
			 municipality or an individual authorized by the organization to submit the
			 form. (3-18-22)
ii. For claims that
			 are not submitted by means of the internet, the form must be signed by each of
			 the persons listed as claimants at item one (1) of the form unless the
			 signatory has authority to sign for the claimant or claimants. Claims by
			 corporations, municipalities or other organizations shall be signed by an
			 officer of the corporation or an elected official of the municipality or an
			 individual authorized by the organization to sign the form. The signatory ' s
			 title shall be indicated with the signature. (3-18-22)
q. Notice of Appearance. If notices to be
			 sent by the director to the claimant are to be sent to the claimant's attorney,
			 the claimant's attorney shall list the attorney's name and address and sign and
			 date the form at item sixteen (16) of the form. (3-18-22)