US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 14
                         ADJUDICATION OF WATER RIGHTS
    42-1411A.  SERVICE OF NOTICE OF AND DETERMINATION OF WATER RIGHTS
ESTABLISHED UNDER FEDERAL LAW. (1) The district court shall determine the
water rights established under federal law in accordance with the procedures
established in this section.
    (2)  The district court shall determine the following procedures for water
rights established under federal law:
    (a)  The contents of a notice of water right claims established under
    federal law;
    (b)  The method of service of the notice of water right claims established
    under federal law;
    (c)  The location of any depositories of notices of claim for water rights
    established under federal law, if the district court determines that claim
    depositories are necessary to provide other claimants reasonable access to
    the notices of claims established under federal law.
    (3)  The district court shall be guided by the following three (3)
principles in establishing the procedures required in this section:
    (a)  The purpose of this notice is to provide notice to other claimants of
    the filing of water rights established under federal law comparable to the
    notice of filing for water rights acquired under state law;
    (b)  The procedures shall not impose any burden greater than the burden
    placed upon the director to prepare, file, and serve the notice of filing
    for a director's report; and
    (c)  The procedure shall comply with the McCarran amendment, 43 USC 666.
    (4)  Any claimant of a water right established under federal law shall
serve all such notices of claim on the other claimants in accordance with the
procedures established by the district court.
    (5)  Any claimant may contract with the director to perform all or any
portion of the service required in this section. The director shall require in
any contract that the cost of the services provided by the director are
reimbursed by the claimant of a water right established under federal law.
    (6)  The United States, if it filed any notices of claim for a water right
established under federal law, and any other claimants of such water rights,
shall file an affidavit demonstrating proof of service in compliance with this
section.
    (7)  The district court shall provide at least sixty (60) days for filing
objections to water rights established under federal law where the number of
those water rights are five hundred (500) or less, at least one hundred twenty
(120) days where the number of these water rights are more than five hundred
(500) and not more than five thousand (5,000), and at least one hundred eighty
(180) days where the number of these water rights are  more than five thousand
(5,000).
    (8)  Any claimant who desires to object to a claim established under
federal law shall file an objection with the district court within the time
specified in the notice of water right claims established under federal law.
The claimant shall also send a copy of the objection to the claimant whose
claim is the subject of the objection and to the director. Any claimant may
file a response to an objection.
    (9)  The notice of claim, objection, and responses to an objection shall
identify the issues to be litigated.
    (10) If a claimant of a water right established under federal law has
filed notices of claim for one (1) water use based upon state and federal law,
the district court shall develop procedures, after an opportunity for hearing,
for coordination of the determination of such claims based upon state and
federal law.
    (11) The district court shall conduct the trial without a jury on an
objection or any group of objections in accordance with the Idaho rules of
civil procedure.
    (12) Each claimant of a water right established under federal law has the
ultimate burden of persuasion for each element of a water right. Since no
independent review of the notice of claim has occurred as provided for water
rights acquired under state law in a director's report, a claimant of a water
right established under federal law has the burden of going forward with the
evidence to establish a prima facie case for the water right established under
federal law. All such proceedings shall be governed by the Idaho rules of
civil procedure and Idaho rules of evidence.
    (13) The district court shall enter a partial decree that contains or
incorporates a statement of each element of a water right as stated in
subsection (1) of section 42-1409, Idaho Code, as applicable, and that
contains such general provisions, remarks, and other matters as are necessary
for definition of the right, for clarification of any element of a right, or
for administration of the right by the director.
    (14) If no objections are filed to a notice of claim for a water right
established under federal law, the claimant shall appear at a hearing
scheduled by the district court and shall demonstrate a prima facie case of
the existence of the water right established under federal law prior to entry
of a decree for such claimed water right established under federal law. If the
claimant fails to present a prima facie case of the existence of the water
right established under federal law, then the district court shall enter an
order determining that the claimed water right does not exist.
    (15) Any party may appeal in accordance with the Idaho rules of civil
procedure.
    (16) The attorney general shall represent the state of Idaho in all
matters regarding claims to water rights established under federal law,
including, but not limited to, filing objections to water right claims
established under federal law.