North Idaho Adjudication—Background and Issues

North Idaho Adjudication—Background and Issues

September 26, 2007September 26, 2007

Dave TuthillDave Tuthill

Idaho Department of Water ResourcesIdaho Department of Water Resources

North Idaho Adjudication Background

North Idaho Adjudication Background

Rathdrum Prairie Ground Water Management

Advisory Committee Membership

  

Rathdrum Prairie Ground Water Management

Advisory Committee Membership

  

  Two members from Idaho representing the petitioning organizations  Dale Marcy, Representing Kootenai Environmental Alliance  Allen Issacson, Representing Moratorium Petitioner  Two members representing municipalities or municipal providers located within the RPGWMA;  Jim Markley, Representing City of Coeur d’Alene Terry Werner, Representing City of Post Falls 

Rathdrum Prairie Ground Water Management

Advisory Committee Membership (cont.)

  

Rathdrum Prairie Ground Water Management

Advisory Committee Membership (cont.)

  

  Two members representing counties included within the RPGWMA (Kootenai County and Bonner County),   Rand Wichman, Planning Director, Representing Kootenai Co.; Commissioner Brian Orr succeeded by Commissioner Joe Young, Representing Bonner Co.

Three members representing irrigation/commercial/industrial uses within the area.   Chris Beck; Paul Klatt; Chris Meyer succeeded by Pat Leffel    Bob Haynes, Chairman, IDWR Northern Region Manager

Recommended and Adopted Management Plan

Recommended and Adopted Management Plan

• Goal 2, Item BGoal 2, Item BThe Department of Water Resources will work The Department of Water Resources will work with the Rathdrum Prairie Ground Water with the Rathdrum Prairie Ground Water Management Advisory Committee and local Management Advisory Committee and local elected officials to determine the elected officials to determine the feasibility, feasibility, cost and potential funding mechanismscost and potential funding mechanisms to to begin adjudication of water rights in the Coeur begin adjudication of water rights in the Coeur d'Alene Basin. d'Alene Basin. The IDWR will include the The IDWR will include the preferred alternative in its Fiscal Year 2007 preferred alternative in its Fiscal Year 2007 budget request along with any legislation budget request along with any legislation necessary to undertake the adjudication.necessary to undertake the adjudication.

JFAC Guidance for 2005JFAC Guidance for 2005

• SECTION 4. It is legislative intent that the SECTION 4. It is legislative intent that the Department of Water Resources work with the Department of Water Resources work with the Rathdrum Ground Water Management Plan Rathdrum Ground Water Management Plan Advisory Committee and local elected officials to Advisory Committee and local elected officials to determine the determine the feasibility, cost and potential feasibility, cost and potential funding mechanismsfunding mechanisms to begin adjudication of to begin adjudication of water rights in the Coeur d'Alene Basin. water rights in the Coeur d'Alene Basin. The The Department is requested to include the Department is requested to include the preferred alternative in its Fiscal Year 2007 preferred alternative in its Fiscal Year 2007 budget request along with any legislation budget request along with any legislation necessary to undertake the adjudication.necessary to undertake the adjudication.

42-1406B. NORTHERN IDAHO WATER RIGHTS ADJUDICATIONS -- COMMENCEMENT.

42-1406B. NORTHERN IDAHO WATER RIGHTS ADJUDICATIONS -- COMMENCEMENT.

• (1) Effective management of the waters of northern (1) Effective management of the waters of northern Idaho requires that a comprehensive determination of Idaho requires that a comprehensive determination of the nature, extent and priority of the rights of all users of the nature, extent and priority of the rights of all users of surface and ground water be determined. Therefore, the surface and ground water be determined. Therefore, the director of the department of water resources director of the department of water resources shall shall petition the district court to commence adjudications petition the district court to commence adjudications within the terms of the McCarran amendment, 43 U.S.C. within the terms of the McCarran amendment, 43 U.S.C. section 666section 666, of the water rights from surface water and , of the water rights from surface water and ground water sources in northern Idaho through ground water sources in northern Idaho through initiation of three (3) proceedings. initiation of three (3) proceedings.

42-1406B. NORTHERN IDAHO WATER RIGHTS ADJUDICATIONS -- COMMENCEMENT.

42-1406B. NORTHERN IDAHO WATER RIGHTS ADJUDICATIONS -- COMMENCEMENT.

• Separate petitions shall be filed for water rights Separate petitions shall be filed for water rights adjudications for each of the following river basins, and adjudications for each of the following river basins, and related ground water sources whether or not related ground water sources whether or not hydraulically connected to a surface water source, hydraulically connected to a surface water source, within Idaho: the within Idaho: the Coeur d'Alene-Spokane river basin, Coeur d'Alene-Spokane river basin, the Palouse river basin, and the Kootenai and Clark the Palouse river basin, and the Kootenai and Clark Fork-Pend Oreille river basinsFork-Pend Oreille river basins. . The filing of each petition The filing of each petition shall be contingent on legislative funding approval. Each shall be contingent on legislative funding approval. Each petition shall describe the boundaries of the water petition shall describe the boundaries of the water source or water sources to be adjudicated. source or water sources to be adjudicated.

Basins 91-95Basins 91-95

Initial basin boundary –

Note position of north boundary

Basin 87

Basins 96-98

Other Provision of Idaho Code § 42-1406b Other Provision of Idaho Code § 42-1406b

SRBA Court has been identified as the SRBA Court has been identified as the selected courtselected court

Connectivity is enhanced by video Connectivity is enhanced by video teleconference (VTC)teleconference (VTC)

District Court having jurisdiction for adjudication to be selected by the Idaho Supreme Court

Other Provisions of Idaho CodeOther Provisions of Idaho Code

• Fees were generally doubled, except the Fees were generally doubled, except the fee for a fee for a previously unrecordedpreviously unrecorded domestic domestic use will be $100use will be $100

• Final date for an accomplished transfer is Final date for an accomplished transfer is established as January 1, 2006, for North established as January 1, 2006, for North Idaho AdjudicationsIdaho Adjudications

Projected Fiscal Year Milestones Projected Fiscal Year Milestones

FY2007

• Prepare updated claims-taking Prepare updated claims-taking softwaresoftware Design of software is underwayDesign of software is underway

• Develop on-line claims filing capabilityDevelop on-line claims filing capability Development is underwayDevelopment is underway

• Obtain GIS images and layersObtain GIS images and layers Initial images have been obtainedInitial images have been obtained

SRBA:22 Contracts$347,000

North Idaho:Kootenai ($108,286)Benewah ($55,197)Shoshone ($11,385)Clearwater (SRBA)

Projected Fiscal Year Milestones Projected Fiscal Year Milestones

FY2008

• Commence the Commence the Coeur d'Alene-Spokane river Coeur d'Alene-Spokane river basinbasin Adjudication Adjudication

• Conduct public information meetingsConduct public information meetings• Round one service to all potential claimantsRound one service to all potential claimants• Conduct filing of water rights claimsConduct filing of water rights claims

FY2009 – FY2010

• Conduct field examinationsConduct field examinations

• Prepare recommendations for decreesPrepare recommendations for decrees

Projected Fiscal Year Milestones Projected Fiscal Year Milestones

FY2011

• File Director’s Reports for decree File Director’s Reports for decree recommendationsrecommendations

FY2012

• Resolution of objections to Resolution of objections to recommendationsrecommendations

Projected Fiscal Year Milestones Projected Fiscal Year Milestones

Fiscal Year Basins 91-95 Basin 87 Basins 96-98

FY2007

FY2008Commence adjudication, conduct information meetings, take claims

FY2009 Conduct field examinations

FY2010 Prepare recommendationsCommence adjudication, conduct information meetings, take claims

FY2011 File Directors Reports Conduct field examinationsCommence adjudication, conduct information meetings, take claims

FY2012 Resolution of objections Prepare recommendations Conduct field examinations

FY2013 File Directors Reports Prepare recommendations

FY2014 Resolution of objections File Directors Reports

FY2015 Resolution of objections

Automate claims filing (provide for online filing), develop audio/visual links with Court & public access point, acquire GIS layers, develop ownership data with counties, and other preliminary activities.

IssuesIssues

1. Senate Bill No. 1205IDWR Funding Bill for FY081. Senate Bill No. 1205IDWR Funding Bill for FY08

• SECTION 5. It is legislative intent SECTION 5. It is legislative intent that work on the Northern Idaho that work on the Northern Idaho Adjudication be limited in this fiscal Adjudication be limited in this fiscal year to the Rathdrum Prairie water year to the Rathdrum Prairie water rights and to Idaho-Washington rights and to Idaho-Washington cross-border water issues. cross-border water issues.

2. Boundary Lines2. Boundary Lines

• 1966 -- Original IDWR basin boundaries 1966 -- Original IDWR basin boundaries drawn using USGS topographic mapsdrawn using USGS topographic maps

• 2005 – Initial USGS publication on 2005 – Initial USGS publication on Spokane Valley – Rathdrum Prairie AquiferSpokane Valley – Rathdrum Prairie Aquifer

• 2007 – Final publications on Spokane 2007 – Final publications on Spokane Valley – Rathdrum Prairie Aquifer Valley – Rathdrum Prairie Aquifer (Approved for publication March 19, 2007)(Approved for publication March 19, 2007)

• 2007 – IDWR basin boundaries officially 2007 – IDWR basin boundaries officially revised and published August 16revised and published August 16

3. Is IDWR Seeking a Post-SRBA Role?3. Is IDWR Seeking a Post-SRBA Role?

• NIA funding is in addition to IDWR NIA funding is in addition to IDWR operationsoperations

• IDWR is understaffed for existing IDWR is understaffed for existing and future operations, not and future operations, not including NIAincluding NIA

• Funding from fees is 1/3 of Funding from fees is 1/3 of projected NIA costprojected NIA cost

4. Should Domestics be Required to File?4. Should Domestics be Required to File?

• In North Idaho, domestic uses constitute In North Idaho, domestic uses constitute a larger share of total water use than in a larger share of total water use than in the SRBAthe SRBA

• The last two adjudications in North The last two adjudications in North Idaho (Hayden Lake and Twin Lakes) Idaho (Hayden Lake and Twin Lakes) were initiated by domestic conflictswere initiated by domestic conflicts

• This summer numerous domestic This summer numerous domestic conflicts in North Idaho were reported to conflicts in North Idaho were reported to IDWRIDWR

5. Will IDWR Require Meters on Domestics?5. Will IDWR Require Meters on Domestics?

• IDWR has not done this anywhere IDWR has not done this anywhere in the State of Idahoin the State of Idaho

• The cost of reading the meters is The cost of reading the meters is high compared to the benefithigh compared to the benefit

• Tens of thousands of small Tens of thousands of small domestic water rights exist in the domestic water rights exist in the statestate

6. Will Annual Fees be Added to Domestics?6. Will Annual Fees be Added to Domestics?

• Collection of fees from domestic Collection of fees from domestic users is inefficientusers is inefficient

• The Legislature is moving toward The Legislature is moving toward use of the General Fund to provide use of the General Fund to provide water management funding where water management funding where domestic water rights might have domestic water rights might have impactimpact

7. Is pumping in the Rathdrum Prairie really the problem?7. Is pumping in the Rathdrum Prairie really the problem?

• One primary driver for adjudication One primary driver for adjudication is the flow of the Spokane Riveris the flow of the Spokane River

• USGS/Washington/Idaho studies USGS/Washington/Idaho studies now reveal that the Rathdrum now reveal that the Rathdrum Prairie contributes only a portion of Prairie contributes only a portion of the flow of the Spokane Riverthe flow of the Spokane River

Mean Annual FlowIn Cubic Feet per Second

Flow fromRathdrum

Prairie~500 cfs