Sufficiency Of Claims

01. Single Claim. Except for claims based on both state law and federal law, a single claim may describe only one (1) water right. (7-1-25) 02. Claim Form. A claim must be filed: (7-1-25) a. On the Department’s form entitled “Notice of Claim to a Water Right Acquired Under State Law,” or equivalent form approved by the Department, with any applicable attachments. (7-1-25) b. In accordance with IDAPA 37.01.01, “Rules of Procedure of the Idaho Department of Water Resources,” Section 053, either on paper, digitally in PDF format, or through the Department’s online filing process. (7-1-25) c. With required filing fees pursuant to Sections 030 and 035. (7-1-25) d. In accordance with the minimum requirements pursuant to Subsection 060.03. (7-1-25) 03. Minimum Requirements. Claims filed on the claim form must contain the following information: (7-1-25) a. Name and mailing address of the claimant and all co-claimants jointly filing the notice of claim to a water right. (7-1-25) b. Date of priority including month, day and year. (7-1-25) i. List only one (1) date of priority, the date the water right was established, unless the claim is based upon both state and federal law pursuant to Subsection 060.01. (7-1-25) c. Source of Water Supply. (7-1-25) i. For a surface water source, include the official geographic name listed on the United States Geological Survey (USGS) Quadrangle map. If the source of water is not named on the USGS Quadrangle map, describe it as an unnamed water body, such as “unnamed stream.” For surface water sources, also identify the first named stream or river to which the source is tributary. If the water source sinks into the ground before reaching a stream named on the USGS Quadrangle map, describe the “tributary to” stream as “sinks.” If the water source flows into a stream named on the USGS Quadrangle map for part of the year and sinks into the ground for the other part of IDAHO ADMINISTRATIVE CODE IDAPA 37.03.01 Department of Water Resources Adjudication Rules Section 060 Page 7 the year, identify the “tributary to” stream as the named stream on the USGS Quadrangle map. (7-1-25) ii. Identify only one (1) water source unless the claim is for a single interconnected water delivery system that diverts water from more than one (1) source. (7-1-25) iii. For a water source under the ground surface, identify the source as “ground water.” (7-1-25) d. Point of diversion. Describe the location of the point of diversion to the nearest forty (40) acre tract (quarter-quarter section) or government lot number, and include township number (including north or south designations), range number (including east or west designations), section number, and county. (7-1-25) i. Describe the beginning and ending points of instream flow use, if claimed. (7-1-25) ii. List the Parcel Identification Number (PIN) as assigned by the county assessor’s office for the parcel where the water is diverted unless no PIN is recorded for the property at the point of diversion. (7-1-25) iii. List the subdivision name, block number, and lot number, if the point of diversion is located in a platted subdivision where the plat is recorded in the county recorder’s office. (7-1-25) iv. A claim that includes storage must include the point at which water is impounded (for an on-stream reservoir) or the point at which water is diverted to storage ( for an off-stream reservoir). For a claim where a natural stream channel is used to convey stored water include the point at which water is diverted into a natural channel, and the point where water is rediverted from the natural channel. (7-1-25) v. List only one (1) point of diversion unless the claim is for a single water delivery system that has more than one (1) point of diversion, or the claim is for a single licensed or decreed water right that covers more than one (1) water delivery system. (7-1-25) e. Description of Diversion Works. (7-1-25) i. Describe all major components of the water delivery system, such as dams, reservoirs, ditches, pipelines, pumps, wells, headgates, etc. Include the dimensions of major components which affect the diversion capacity of the water delivery system. Include the depth of wells, the horsepower rating of installed pumps, and whether headgates are automatic or equipped with locks or measuring devices. (7-1-25) ii. For a claim asserting an accomplished transfer pursuant to Section 42-1425, Idaho Code, include the dates and a description of any changes in use (including change in point of diversion, place of use, purpose of use, and period of use). Describe the diversion works before and after the accomplished transfer. (7-1-25) iii. For a claim describing an enlargement in use pursuant to Section 42-1426, Idaho Code, identify the water right enlarged (base right) and the date the enlargement occurred. Identify, the enlarged element of the base right including number of acres irrigated, extended season of use, or additional uses of water. Describe the diversion works as originally constructed and as enlarged. (7-1-25) iv, For claim describing an expansion in use pursuant to Section 42-1416B, Idaho Code, identify the water right expanded (base right) and the date the expansion occurred. Identify the expanded element of the base right including number of acres irrigated or additional uses of water. Describe the diversion works as originally constructed and as expanded. (7-1-25) v. Water delivery organizations must describe the water delivery system up to and including the point where responsibility for water distribution is assumed by entities other than the water delivery organization. (7-1-25) f. Purpose of Use. (7-1-25) i. Describe each purpose of use in general terms such as irrigation, industrial, municipal, mining, power, fish propagation, domestic, stock water, etc. (7-1-25) IDAHO ADMINISTRATIVE CODE IDAPA 37.03.01 Department of Water Resources Adjudication Rules Section 060 Page 8 ii. A storage use must be separated into component purposes with the ultimate use of the stored water indicated. The component purposes of a storage right are: diversion to storage (not applicable to an on-stream reservoir), storage, and diversion from storage (not applicable where the ultimate use is an in-reservoir purpose). Detention of water in a holding pond, where the pond is not the end use of the water, that can be filled in less than twenty-four (24) hours at the claimed diversion rate is not required to be claimed as storage. (7-1-25) g. Quantity of Water. (7-1-25) i. Include the flow rate in cfs or the volume of water to be stored in af per year for each purpose of use, using values with a maximum of three significant figures with no more precision than hundredths for rate and tenths for volume. (7-1-25) ii. For claims to store water, the maximum af per year may not exceed the storage facility capacity unless the claim includes a description explaining the past practice of filling the storage facility more than once per year, or the claim is for a licensed or decreed right that includes refill. The description of past refill practices may include refills to replace seepage, evaporation, or use from storage. (7-1-25) iii. The amount of water claimed for each purpose for which water is claimed must not exceed the amount of water beneficially used for the purpose claimed. (7-1-25) iv. The total amount of water claimed must not exceed the sum total of the quantity listed for each water use, or the total diversion capacity of the diversion system, whichever is less. (7-1-25) h. Period of Use. A period of use must be listed for each purpose of use and must include the month and day of the first and last day of use. (7-1-25) i. Description of Non-Irrigation Uses. Fully describe any non-irrigation use Domestic use must describe the number of households served and any irrigation associated with the domestic use. Stock watering use must describe the type of stock and number of each type of stock. (7-1-25) i. Claims for stock watering use must identify if the stock watering use is in-stream or if water is diverted from the source. In-stream livestock use and diverted stock watering cannot be filed on the same claim form unless the claim is for in-stream livestock use for which a “Notice of Diversion as an Alternative to Instream Stockwater Use” has been filed pursuant to Section 42-113, Idaho Code. (3-18-22) ii. Describe domestic use for organization camps and public campgrounds, including, but not limited to, the number of camp units, water faucets, flush toilets, showers, and sewer connections. Description of domestic use for organization camps and public campgrounds must also include the average and peak number of individuals using the facility, and the periods when peak or average rates of usage occur. (7-1-25) j. Place of Use. Describe the location of the place of use to the nearest forty (40) acre tract or government lot and include township number (including north or south designations), range number (including east or west designations), section number, and county. The place of use for in-stream flows for public purposes need not be listed if the place of use is fully described as the stream between the beginning and ending points listed as the points of diversion. (7-1-25) i. Except claims for irrigation projects and irrigation districts meeting the criteria described in Subsection 060.03.j.ii. describe, the number of acres irrigated to the nearest whole acre in each forty (40) acre tract or government lot. For irrigation of less than ten (10) acres, acreage must be shown to the nearest one-tenth (0.1) acre. (7-1-25) ii. Claims for an irrigation project where the canals constructed cover an area of twenty-five thousand (25,000) acres or more, or irrigation districts organized and existing as such under the laws of the state of Idaho, or for beneficial use by more than five (5) water users in an area of less than twenty-five thousand (25,000) acres must be accompanied by a map showing the boundaries of the project or irrigation district and must state the total number of acres irrigated within the boundaries of the project or irrigations district. When available, claims should include a digital boundary defined in Section 42-202(B)(2), Idaho Code. (7-1-25) IDAHO ADMINISTRATIVE CODE IDAPA 37.03.01 Department of Water Resources Adjudication Rules Section 065 Page 9 iii. Include the Parcel Identification Number (PIN) as assigned by the county assessor’s office for the parcel where the water is used unless no PIN is recorded for the property at the place of use. (7-1-25) k. County of Place of Use. List the county in which the place of use is located. (7-1-25) l. Authority to Assert Claim. Indicate whether the claimant is the owner of the place of use. If not the owner of the place of use, describe the authority to assert the claim. Unless the claimant is a water delivery organization, include the name and address of the owner of the place of use. (7-1-25) m. Other Water Rights. Describe any other water right used at the same place and for the same purpose as the water right claimed. Include the existing water right number or claim number, if known. (7-1-25) n. Remarks. The claimant may submit any additional, relevant information not specifically requested. If the space provided on the claim form is insufficient, remarks may be set forth on a separate piece of paper and attached to the form. All separate attachments must be specifically referenced in the remarks section of the claim form. (7-1-25) o. Map. Include an aerial photograph, digital image, or USGS quadrangle map with the claim, unless the claim meets the definition of domestic use or stock watering use as defined in Section 010, or unless the claim is submitted electronically through the Department’s claim filing website. Identify the point of diversion, place of use, and the water delivery system on the aerial photograph, imagery, or USGS quadrangle map. (7-1-25) p. Basis of Claim. Include the basis of the claim. Include any water right number previously assigned by the Department to the water right claimed. If the claimed water right is based upon a decree that does not have a previously assigned water right number, list the title and date of the decree, the case number, and the court that issued the decree. (7-1-25) q. Signature. Each claim must be signed by each claimant, submitted electronically by the claimant, or signed and submitted with evidence to show the signatory has authority to sign on behalf of the claimant. Each claimant solemnly swears or affirms under penalty of perjury that the statements contained in the notice of claim are true and correct. (7-1-25) i. A claim by a corporation, municipality or other organization must be submitted by an officer of the corporation or an elected official of the municipality or an individual authorized by the organization to submit the form. The signatory’s title must be stated with the signature. (7-1-25) r. Notice of Appearance. An attorney submitting a claim on behalf of their client must include a notice of appearance listing the attorney’s name and address. (7-1-25) 04. Insufficient Claims and Waivers. (7-1-25) a. A claim filed on the claim form that does not contain the information required by Subsection 060.03 may be rejected and returned along with any fees paid, unless otherwise provided by these rules. (7-1-25) b. The Director may waive the minimum information requirements of Subsection 060.03 and accept the claim for good cause shown. (7-1-25) 04. Further Information. Section 060 sets forth minimum requirements for the filing of a claim. The Director may request further information in support of the assertions contained in a claim as part of the investigation of the water system and the claims pursuant to Section 42-1410, Idaho Code. (7-1-25) 061. -- 064. (RESERVED)