TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 14

ADJUDICATION OF WATER RIGHTS

42-1414.  Fees for filing notice of claims with the director. (1) In order to provide an adequate and equitable cost-sharing formula for financing the costs of adjudicating water rights the department of water resources shall accept no notice of claim required under the provisions of section 42-1409, Idaho Code, unless such notice of claim is submitted with a filing fee based upon the fee schedule set forth below. Failure to pay the variable water use fee in accordance with the timetable provided shall be cause for the department to reject and return the notice of claim to the claimant. The fee schedule set forth below applies to adjudication proceedings commenced or enlarged on or after January 1, 1985.

(a)  Flat fee per claim filed:

(i)   Claims for domestic and/or stock watering rights 

Provided however, and notwithstanding any other provision of law, fees for stock watering right claims, regardless of the number of claims filed, shall only be imposed on the first four (4) claims per claimant, and there shall be no other fees or costs imposed for such claims.

(ii)  Claims for all other rights 

(b)  Additional variable water use fee for claims filed based upon acreage, power generating capacity, c.f.s., or equivalent volume of water:

(i)   Irrigation use (one fee irrespective of number of claims):

.

(ii)  Power: 

(iii) Aquaculture: 

(iv)  Municipal, industrial, commercial, mining, heating, cooling: 

(v)   Public instream flow, public lake level maintenance, wildlife: 

(c)  All fees collected by the department pursuant to this section shall be placed in the water resources adjudication account established in section 42-1777, Idaho Code.

(2)  If a claimant increases in an amended notice of claim the amount of water claimed, the amount of land irrigated, or the kilowatt capacity of the generating facility, the claimant shall pay upon filing the amended notice of claim an additional variable fee in accordance with the rates set forth in subsection (1) of this section. Claimants shall be entitled to a return of filing fees or late fees only where the fee was miscalculated at the time the original or amended notice of claim was filed.

(3)  If a claimant files a notice of claim after the date set by the director in the notice mailed or served in accordance with subsections (2), (3), or (4) of section 42-1408, Idaho Code, or with subsection (7) of section 42-1409, Idaho Code, the claimant shall pay the fee set forth in subsection (1) of this section, and in addition, the amount of fifty dollars ($50) or fifteen percent (15%) of the original filing fee, whichever is greater. The director may waive the late processing fee or a portion thereof for good cause.

History:

[42-1414, as added by 1971, ch. 153, sec. 1, p. 753; am. 1972, ch. 23, sec. 1, p. 28; am. 1985, ch. 18, sec. 3, p. 30; am. 1994, ch. 454, sec. 22, p. 1469; am. 1994, ch. 455, sec. 5, p. 1488; am. 1996, ch. 186, sec. 4, p. 590; am. 2006, ch. 222, sec. 2, p. 661; am. 2008, ch. 148, sec. 1, p. 433; am. 2017, ch. 162, sec. 1, p. 385.]