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H0746.........................................by RESOURCES AND CONSERVATION WATER RIGHTS - Amends existing law relating to water rights to provide that in the event any party to an adjudication incurs costs as a result of a claimant's or purchaser's failure to comply, the court may require the claimant or purchaser to pay such costs. 02/18 House intro - 1st rdg - to printing 02/19 Rpt prt - to Res/Con
H0746|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 746 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO WATER RIGHTS; AMENDING SECTION 42-1409, IDAHO CODE, TO PROVIDE 3 THAT IN THE EVENT ANY PARTY TO AN ADJUDICATION INCURS COSTS AS A RESULT OF 4 A CLAIMANT'S OR PURCHASER'S FAILURE TO COMPLY WITH THIS SECTION, THE COURT 5 MAY REQUIRE THE CLAIMANT OR PURCHASER TO PAY SUCH COSTS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 42-1409, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 42-1409. NOTICE OF CLAIM. (1) The director shall prepare and furnish on 10 request a standard notice of claim form. 11 The notice of claim form shall include the following: 12 (a) the name and address of the claimant; 13 (b) the source of water; 14 (c) the quantity of water claimed: 15 (i) the quantity of water claimed to be used for water rights 16 acquired under state law shall describe the rate of diversion or, 17 for an instream flow claim, a rate of water flow in cubic feet per 18 second or the annual volume of diversion of water for use or storage 19 in acre-feet per year, or both; 20 (ii) the quantity of water claimed for water rights established 21 under federal law shall describe for each and every purpose the rate 22 of present and future water diversion or, in the case of an instream 23 flow claim the rate of flow in cubic feet per second or annual volume 24 of present and future diversion in acre-feet per year or both; 25 (d) the date of priority claimed: 26 (i) the date of priority claimed for water rights acquired under 27 state law shall be from any license, permit, or decree; or if the 28 right is not based upon a license, permit, or decree, then the date 29 when the water was first applied to beneficial use; 30 (ii) the date of priority claimed for water rights established under 31 federal law shall be determined in accordance with federal law; 32 (e) the number thereof, if founded upon a right on file with the depart- 33 ment; or if the right is founded upon judicial decree not on file with the 34 department, then the title of the court and cause, number of the action 35 and the date of entry; 36 (f) the legal description of the existing point(s) of diversion; if the 37 claim is for an instream flow, then a legal description of the beginning 38 and ending points of the claimed instream flow; 39 (g) the purpose(s) of use and the period of use: 40 (i) the purpose(s) of use for water rights acquired under state law 41 shall describe each purpose of use and the period of the year when 42 water is used for each purpose; 43 (ii) the purpose(s) of use for a water right established under fed- 2 1 eral law shall describe the purposes for which the water included in 2 the claim is presently being used, if at all, and the period of the 3 year when water is necessary for the designated purposes; 4 (h) a legal description of the place of use: 5 (i) the legal description of the place of use for water rights 6 acquired under state law shall describe the land where the water is 7 beneficially used; if one (1) of the purposes of use is irrigation, 8 then the number of irrigated acres within each forty (40) acre subdi- 9 vision, except as provided in section 42-219, Idaho Code; 10 (ii) the legal description of the place of use for a water right 11 established under federal law shall describe the federal reservation 12 and the existing or proposed place of use for each consumptive use; 13 (i) the dates of any changes or enlargements in use for water rights 14 acquired under state law, including the dimension of the diversion works 15 as originally constructed and as enlarged; 16 (j) conditions on the exercise of any water right included in any decree, 17 license, approved transfer application or other document; and 18 (k) such remarks and other matters as are necessary for definition of the 19 right, for clarification of any element of a right or for administration 20 of the right by the director. 21 (2) With respect to any water right for which a change was approved by 22 the director pursuant to section 42-211 or 42-222, Idaho Code, after filing 23 the notice of claim and prior to filing of the director's report, the claimant 24 shall amend the notice of claim consistent with the determination of the 25 director on the change. 26 (3) Each claimant shall sign and verify under oath that the statements 27 contained in a notice of claim or amended notice of claim are true and cor- 28 rect. 29 (4) All claimants of water rights that are included in a general adjudi- 30 cation shall file with the director a notice of claim for all water rights, 31 except for those types of water rights designated in paragraphs (a) through 32 (d) of subsection (1) of section 42-1420, Idaho Code. 33 (5) Any person who fails to submit a required notice of claim shall be 34 deemed to have been constructively served with notice of a general adjudica- 35 tion by publication and mailing as required by section 42-1408, Idaho Code. 36 (6) Each purchaser of a water right from the water system shall inquire 37 of the director whether a notice of claim has been filed, and if not, shall 38 file a notice of claim in accordance with this section. All claimants and pur- 39 chasers shall provide the director written notice of any change in ownership 40 or of any change in mailing address during the pendency of a general adjudica- 41 tion. All purchasers shall submit some evidence of ownership along with the 42 notice of change of ownership. In the event any party to an adjudication 43 incurs costs as a result of a claimant's or purchaser's failure to comply with 44 this section, the court may require the claimant or purchaser to pay such 45 costs. 46 (7) At least one hundred twenty (120) days prior to filing of the 47 director's report with the court, the director may notify each holder of a 48 permit or license to appropriate water from the water system, for which proof 49 of beneficial use was filed after entry of the court's order commencing a gen- 50 eral adjudication, to file a notice of claim within thirty (30) days of mail- 51 ing of the notice. The director shall notify the holder of the permit or 52 license by certified mail at the most recent address shown in the records of 53 the department. 54 (8) The district court or director may extend the time for filing a 55 notice of claim.
STATEMENT OF PURPOSE
RS 08080
This legislation provides that the court may require that a
party to an adjudication who fails to notify the Idaho Department
of Water Resources of a change in ownership may be held liable for
costs incurred by an "objector" or party to the adjudication in
the event the "objector" or party was unable to participate
because the current owner was unable to participate because the
current owner was not present.
FISCAL NOTE
There is no fiscal impact to government with this
legislation.
CONTACT: Representative Wendy Jaquet
(208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE
H 746