US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 14
                         ADJUDICATION OF WATER RIGHTS
    42-1408.  SERVICE OF NOTICE OF ORDER COMMENCING A GENERAL ADJUDICATION.
(1) Upon entry of a district court's order commencing a general adjudication,
the director shall prepare a notice of order, using plain and concise
language, that contains the following information or enclosures:
    (a)  an order commencing a general adjudication has been entered, the date
    of entry of the order, and the district court that entered the order;
    (b)  an illustration of the boundaries of the water system to be
    adjudicated and administered;
    (c)  that section 42-1409, Idaho Code, requires in a general adjudication
    all claimants, except as specifically excluded by law, to file for each
    water right, a notice of claim on a form furnished by the director;
    failure to file a required notice of claim will result in a court
    determination that no water right exists for the use of water for which
    the required notice of claim was not filed;
    (d)  a notice of claim is required for any water right license and for any
    water right permit on file for which the director requires a permit holder
    to file a notice of claim in accordance with section 42-1409, Idaho Code;
    a notice of claim may be filed for any other water right permit;
    (e)  a notice of claim is not required for a water right evidenced by an
    application on file with the department;
    (f)  a notice of claim, if the court order excludes any uses from an
    adjudication, may be filed for the excluded use prior to the filing of the
    director's report with the district court and the right will be
    determined, even though a notice of claim is not required;
    (g)  a notice of claim is not required for any person who receives water
    solely by virtue of ownership of shares of stock in, or by being located
    within the boundaries of, a water delivery organization, if the water
    delivery organization holds legal title to the water right and if the
    water delivery organization files a notice of claim;
    (h)  the date set by the director for filing a timely notice of claim,
    which shall not be less than ninety (90) days after service;
    (i)  that section 42-1409A, Idaho Code, imposes substantial restrictions
    on the filing of amended or late notices of claim;
    (j)  the locations at which the notice of claim forms will be available;
    (k)  section 42-1414, Idaho Code, requires each claimant, other than those
    exempted by federal law, to pay a variable fee to the director with a
    notice of claim; failure to pay the fee will result in rejection of the
    notice of claim; failure to file a timely notice of claim will result in
    the assessment of a late fee in the amount of fifty dollars ($50.00) or
    fifteen per cent (15%) of the original filing fee, whichever is greater;
    (l)  section 42-1409, Idaho Code, requires that all purchasers of a water
    right inquire of the director whether a notice of claim has been filed,
    and if not, to file a notice of claim, except as specifically excluded by
    law, and that all claimants and purchasers provide the director written
    notice of any change in ownership, along with some evidence of ownership
    or of any change in mailing address; and
    (m)  the files of the district court will contain affidavits of service or
    other documents stating the persons served with a copy of the notice of
    order.
    (2)  The director shall serve copies of the notice of order as follows:
    (a)  the director shall serve the notice of order on the state of Idaho
    and the United States;
    (b)  the director shall serve the notice of order on claimants other than
    the persons in paragraph (a) of subsection (2) of this section, initially
    by publication once a week for three (3) consecutive weeks in a newspaper
    of general circulation published in each county in which any part of the
    water system, which is the subject of the general adjudication, is
    located. If there is no newspaper published within a county, then the
    copies shall be published in a newspaper having general circulation in
    that county;
    (c)  the director shall post the notice of order in each county
    courthouse, county recorder's office, and county assessor's office in
    which any part of the water system is located. The director shall complete
    the posting on or before the date of the last publication within each
    county;
    (d)  the director shall serve the notice of order by ordinary mail on each
    person listed as owning real property on the real property assessment roll
    within the boundaries of the water system to be adjudicated at the address
    listed on the real property assessment roll; and
    (e)  the director shall file a copy of the notice of order commencing a
    general adjudication in the office of the county recorder in each county
    in which any part of the water system is located; notwithstanding the
    provisions of section 5-505, Idaho Code, the notice, from the time it is
    filed with the recorder for record, is constructive notice of the contents
    thereof within the county in which the notice is recorded, to subsequent
    purchasers and mortgagees.
    (3)  The director shall send the notice of order by ordinary mail to all
persons who submit a written request to the director to be notified of the
commencement of an adjudication. The director may circulate copies in any
additional manner the director deems appropriate.
    (4)  Upon expiration of the period for filing notices of claims, the
director shall conduct a second round of service in conformance with this
subsection. The director shall compare the notices of claims with department
records and other information reasonably available to determine whether there
are any rights to water from the water system for which no notice of claim was
filed. In the event the director determines that not all claimants have filed
claims, the director shall make a reasonably diligent effort in accordance
with the court order to determine the land to which the possible claim is
appurtenant, the last known owner of that land, and the last known address of
that owner. The director shall prepare a second round notice of order. The
director shall serve this notice on the last known owner in accordance with
the court order. The notice shall contain the information specified in
subsection (1) of this section, except that the notice shall state a final
date for filing notices of claims. The final date shall be an additional
period of time, in no case less than ninety (90) days from the date the notice
is served, in which the notice of claim must be received by the director.
    (5)  The director shall file with the district court such proof of service
as may be required to demonstrate compliance with the above requirements.