Procedures in the SRBA
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PROCEDURES IN THE SRBA
1. SCOPE AND PURPOSE
a. The litigation of the SRBA will be governed by the Idaho Rules of Civil Procedure
(I.R.C.P.), Idaho Rules of Evidence (I.R.E.) and the Idaho Appellate Rules (I.A.R.).
b. These procedures supplement the I.R.C.P., I.R.E., I.A.R. and any other applicable laws
or orders of this court only to the extent necessary to allow for the fair and expeditious
resolution of all claims or issues in the SRBA.
c. Provisions setting forth the manner of service and notice are adopted under the authority
granted by Supplemental Order Granting Additional Powers to District Judge, Idaho
S.Ct. 99143 (February 20, 1988).
2. DEFINITIONS
a. Abstract - The abstract of each notice of claim or negotiated agreement for water rights
under federal law.
b. AO1 - SRBA Administrative Order 1, Rules of Procedure.
c. Basin-Wide Issue - An issue designated by the Presiding Judge as potentially affecting
the interests of a large number of claimants to the use of water within the SRBA and the
resolution of which will promote judicial economy.
d. Claimant - Any person who has filed a claim to the use of water in the SRBA.
e. Clerk of the Court - The Clerk of the SRBA Court.
f. Court - The SRBA Court located at 253 Third Avenue North, Twin Falls, Idaho 83301.
Mailing address PO Box 2707, Twin Falls, ID 83303-2707; Telephone (208) 736-3011;
FAX (208) 736-2121; Internet www.srba.state.id.us.
g. Director - The Director of the Idaho Department of Water Resources.
h. Docket Sheet Procedure - The procedure established to give notice of proceedings on
nonsubcase matters to SRBA claimants and parties.
i. Domestic Use - Domestic water use is defined by I.C. 42-111 and 42-1401A(5).
j. Error Correction Procedure - The procedure established to correct errors in a
Director's Report prior to the filing of that Director's Report with the court.
k. IDWR - The Idaho Department of Water Resources.
l. Initial Hearing - The first hearing before the court in a Class One Subcase.
m. IWATRS - The court's automated registry of actions that lists all pleadings and
documents filed or lodged with the court, all orders entered by the Presiding Judge or
Special Masters, and that provides additional information such as lists of upcoming
hearings.
n. Objector/Respondent - Unless the context indicates otherwise, a party to the
adjudication filing an objection or response to a water right recommendation reported in
a Director's Report as provided by I.C. 42-1411 and 42-1412 or claimed under
federal law as provided by I.C. 42-1411A.
o. Partial Decree/Judgment - The final determination of the elements of a water right.
p. Party to a Subcase - The claimant, any objector or respondent to a water right
recommendation, any party to a subcase which has been consolidated with another
subcase, any party to the adjudication granted leave to participate in a subcase by the
Presiding Judge or a Special Master, and any party to the adjudication filing a Motion
to Alter or Amend the Special Master's Recommendation.
q. Party to the Adjudication - Any claimant as defined in I.C. 42-1401A(1) and (6).
r. Pleadings - All documents defined as pleadings by the I.R.C.P., objections, responses
to objections, and notices of claims.
s. Pro Se - Claimants representing themselves without legal counsel.
t. Recommendation - The statements by the Director, as set out in a Director's Report,
as to elements of a water right claim.
u. Special Master - A person appointed by the Presiding Judge through an Order of
Reference to hear subcases or other matters and who reports to the Presiding Judge.
v. Special Master's Recommendation - A final written submission to the Presiding Judge
containing the decisions and recommendations of the Special Master under the Order of
Reference.
w. SRBA - The Snake River Basin Adjudication.
x. Stock Watering Use - Stock watering use as defined by I.C. 42-1401A(12).
y. Subcase - A water right which is the subject of any post-Director's Report pleading.
(1) Class One Subcase - Subcases where the difference between the Director's
Report and the claim is less than 40 acres and/or the difference in quantity is
less than 0.80 cfs and all claims where the objection relates only to owner
identification, priority date, source or point of diversion.
(2) Class Two Subcase - Subcases not included in the definition of Class One
Subcase.
NOTE: The purpose of separating subcases into two classifications is to expedite the
SRBA and provide claimants a speedy and cost-effective method to litigate cases
where the difference between the Director's Report and the claim is less
significant, as in the Class One Subcases. This allows the court, the parties and
IDWR to focus more time and resources on resolving the more significant issues
associated with Class Two subcases.
3. PLEADINGS
a. All pleadings shall comply with the I.R.C.P. and these Rules of Procedure.
b. Documents or pleadings filed in any courthouse other than the SRBA Courthouse will
not be accepted and will not be deemed "filed" until received by the Clerk of the SRBA
Court.
c. Pleadings shall be signed by counsel as required by I.R.C.P 11(a)(1) or by pro se
claimants.
d. Caption - The following caption shall be used on all pleadings in the SRBA and must
begin 2 inches from the top of the page. Pleadings filed in the individual subcases shall
include the subcase (water right) number inserted above the document name. Pleadings
filed in the basin-wide issues shall include the basin-wide issue number inserted above
the document name.
e. The document name shall identify the specific type of document and the action or relief
requested.
f. All documents or pleadings shall include the name of the document typed at the bottom
of each page, including all attachments or exhibits, pursuant to I.A.R. 28(e).
g. All attached exhibits must be legible and subject to reproduction or must be accompanied
by a typewritten duplicate. All handwritten exhibits shall be accompanied by a
typewritten duplicate. I.R.C.P. 10(a)(1)
h. Filing By FAX - Documents and pleadings may be filed by FAX pursuant to
I.R.C.P. 5(e)(2):
(1) FAX filings are only accepted for filing during the normal working hours of the
Clerk of the SRBA Court: 8 a.m. to 5 p.m., Monday through Friday. Any FAX
transmission not completed by 5 p.m. will be file stamped the next business day.
(2) Documents or pleadings filed by FAX are limited to 10 pages, including
attachments and exhibits.
(3) The signature on the FAXed copy shall constitute the required signature under
I.R.C.P 11(a)(1). It is not necessary to send the original by mail.
(4) Except for Standard Form 5, SRBA Standard Forms will not be accepted for filing
by FAX.
(5) The Clerk of the SRBA Court shall accept for filing a copy of any FAXed document
or pleading not transmitted directly to the court. The signature on the FAXed copy
shall constitute the required signature under I.R.C.P. 11(a)(1) and there is no limit
to the number of pages filed. I.R.C.P. 5(e)(3)
i. Injunctive Relief - Any action for injunctive relief brought pursuant to I.R.C.P. 65 or
I.R.C.P. 74 shall be heard by the Presiding Judge or the Special Master who, by Order
of Reference, has been assigned the subcase(s) affected by the motion. The Presiding
Judge, or a Special Master if assigned, will hear actions for injunctive relief in the SRBA
generally or relating to uncontested recommendations.
On receipt of any motion or petition for injunctive relief, the Clerk of the Court
shall assign a separate subcase file to the matter. This new subcase file number shall be
included on all documents filed regarding the injunctive relief matter.
Injunctive relief matters will be handled on an expedited basis and will be reported
in the Docket Sheet.
j. Multiple Subcases - When filing a pleading affecting multiple subcases, the filing party
shall provide the court a copy of the pleading for each subcase affected. If the pleading
is filed by FAX, the copies shall be mailed to the court the same day. When subcases
are consolidated by court order and a lead subcase is designated, only one pleading needs
to be filed in the lead subcase; however, service is still required on all parties in each
subcase.
k. IDWR Central Depositories - IDWR shall maintain copies of all pleadings and other
documents filed or lodged in the SRBA and which appear on the Docket Sheet. Copies
shall be available for inspection and copying during normal business hours at its central
office located at 322 E Front St, 6th Fl, Boise, Idaho. The mailing address is: IDWR
Document Depository, PO Box 83720, Boise, Idaho 83720-0098; telephone
(800) 451-4129; FAX (208) 287-6701.
l. IDWR Regional Depositories - IDWR's regional offices shall maintain copies of
objections, responses and supporting documents, if any, for all water rights reported in
that region. These pleadings and IDWR's investigative files for reported water rights
shall be available for inspection and copying during normal business hours. IDWR claim
files for Reporting Area 22, Clearwater River Drainage, are maintained at IDWR's
central office.
4. STANDARD PLEADING FORMS
a. Parties must use the following standard forms:
(1) Objection (Standard Form 1)
(2) Response to Objection (Standard Form 2)
(3) Motion to File a Late Notice of Claim or a Motion to File an Amended Notice of
Claim (Standard Form 4)
(4) Stipulated Elements of a Water Right (Standard Form 5)
b. The standard forms may be obtained from IDWR or the SRBA Court. A copy of each
standard form is attached to these rules.
c. A party may copy or reproduce any standard form. The form may be electronically
modified to include only those sections being used. The text of the forms must be on the
front and back of each page (see attachments). No other portion of the forms may be
modified unless ordered by the court. The court will not accept incorrect or incomplete
forms. Refiling of returned incorrect or incomplete forms must be made under the
original filing deadline or pursuant to a motion and order for a late filing.
d. Use of standard forms:
(1) Objection (Standard Form 1) and Response to Objection (Standard Form 2) -
(a) Objections and responses to a recommendation or abstract in a Director's
Report shall be on SRBA Standard Forms 1 and 2. No other form of objection
or response may be filed with the court.
(b) A claimant may not amend a claim by filing an objection or a response (see
Section 4d(2)).
(c) The Director shall notify claimants that the court requires the use of standard
objection or response forms. This notice may be included in the Notice of
Filing the Director's Report.
(d) Deadlines for Filing an Objection or a Response Form - The Notice of Filing
the Director's Report, filed by IDWR, shall set out the dates when objections
and responses are due and shall be computed to include weekends and holidays.
The objection or response must be received by the court by the deadline
specified.
(e) Any party filing 25 or more objections or responses must make an appointment
with the Clerk of the SRBA Court at least 14 days prior to the deadline for
filing their pleadings.
(f) Service of an Objection or a Response Form - A party filing an objection or
a response must send the original with supporting documents, if any, to the
Clerk of the SRBA Court and a copy, including supporting documents, to each
individual identified on that form's certificate of mailing.
(2) Motion to File a Late Notice of Claim or a Motion to File an Amended Notice of
Claim (Standard Form 4) -
(a) In reporting areas where a Director's Report has not been filed, a late notice
of claim or an amended notice of claim shall be filed with IDWR. A Motion
to File a Late Notice of Claim or a Motion to File an Amended Notice of Claim
with the court is not required.
(b) In reporting areas where a Director's Report has been filed, a Motion to File
a Late Notice of Claim or a Motion to File an Amended Notice of Claim must
be filed with the court.
(c) A Motion to File a Late Notice of Claim or a Motion to File an Amended Notice
of Claim must be filed using Standard Form 4 and must be used for a single
water right only.
(d) A Motion to File a Late Notice of Claim shall proceed before the Presiding
Judge and shall follow the Docket Sheet Procedure (Section 6) and will be
reviewed under the criteria of I.R.C.P. 55(c).
(e) A Motion to File an Amended Notice of Claim shall proceed before the
Presiding Judge or the Special Master assigned to the subcase and will be
reviewed under the criteria of I.R.C.P. 55(c).
(f) A Motion to File a Late Notice of Claim shall have attached:
1) A completed Notice of Claim (available from IDWR) and
2) The claim filing fee and late claim fee for claims other than a domestic or
stock watering use for which a notice of claim was not filed. Payment
shall be in the form of a check made payable to: State of Idaho
Department of Water Resources. To determine the exact amount of these
fees, call IDWR at (800) 451-4129.
(g) When a Motion to File a Late Notice of Claim is granted, the Clerk of the Court
shall forward the check and completed Notice of Claim to IDWR. If the
motion is denied, the Clerk of the Court shall return the claim filing fee and the
late claim fee.
(h) IDWR shall file a Director's Report for all late-filed claims within 60 days
following the granting of the Motion to File a Late Notice of Claim.
(i) Notice of the filing of the Director's Report for a late claim shall be reported
in the Docket Sheet.
(j) Objections or responses to Director's Reports for late claims must be received
by the court as follows:
1) Objections must be filed within 21 days from the appearance of the filing
of the Director's Report in the Docket Sheet.
2) Responses must be filed within 14 days following the close of the objection
period.
(k) Leave to amend a notice of claim shall be freely given when justice so requires.
(l) The Presiding Judge or Special Master shall determine how to proceed when
an amendment is granted and whether a supplemental Director's Report is
required.
(m) Pursuant to I.C. 42-1414 and 42-1415, additional costs may apply to late
notices of claim or to amended notices of claim other than for domestic and
stock watering rights.
(3) Stipulated Elements of a Water Right (Standard Form 5) -
Where parties reach an agreement on a contested water right recommendation, they
shall file either a stipulation with the court using Standard Form 5 or some other
stipulation acceptable to the court. Subcases may also be resolved orally on the
record.
(a) Standard Form 5 may only be used if all parties have stipulated to all elements
of one water right and may be submitted at any time following the close of the
statutory response period.
(b) Standard Form 5 is used to report the stipulated elements of one water right
acquired under state law or one federal reserved water right.
(c) When IDWR does not concur with a proposed settlement, the Presiding Judge
or Special Master shall conduct any hearing necessary to determine whether the
facts, data, expert opinions and law support the issuance of a partial decree for
the water right as stipulated in the Standard Form 5 or proposed settlement.
5. EVIDENCE AND DOCUMENT PRESERVATION
a. After a Director's Report has been filed, employees or contractors of IDWR may go on
a claimant's property in that reporting area to further investigate a reported claim only
with permission from the claimant or leave of the SRBA Court.
b. No party to the SRBA may destroy any document or evidence kept in any medium which
relates to a pending claim in the SRBA or has been prepared for use in the SRBA, except
on motion and order by the SRBA Court. This order is intended to override any records
management or document destruction program used by any party. This order does not
apply to documents protected by the attorney-client privilege or to attorney work
product.
c. IDWR may not destroy any document or evidence, in any medium, relating to a water
right or which has been used or relied upon in making a recommendation in a Director's
Report. Further, IDWR shall keep all policies and procedures, past or current, in draft
or final form, which were actually relied upon by IDWR, its employees or agents in
making any recommendation in a Director's Report.
6. DOCKET SHEET PROCEDURE
a. The Docket Sheet Procedure shall be used to give notice to parties in the adjudication
about matters not a part of a subcase and shall be used when required by these Rules of
Procedure.
b. The Docket Sheet shall include the following sections:
(1) A chronological list of all orders, pleadings (except objections, responses, pleadings
or orders filed in subcases) and other documents (i.e., motions for late or amended
claims or motions for late objections) filed with the court since the last docket sheet
including:
(a) The SRBA case number;
(b) The document name;
(c) The name of the party and the party's attorney, if any; and
(d) The date the document was filed.
(2) A chronological list of all objections and responses filed since the last Docket Sheet
including:
(a) The subcase number;
(b) The name of the claimant, objector or respondent;
(c) The address of the objector or respondent if not represented by an attorney;
(d) The name and address of the attorney representing the objector or respondent;
(e) The box number(s) checked on the objection or response form;
(f) The date the document was filed; and
(g) The source of the water right as stated in the Director's Report.
(3) A chronological list of the hearings scheduled for the next three months (except
hearings in subcases) including:
(a) The SRBA case number;
(b) The date and time of the hearing;
(c) The subject; and
(d) The names of the parties.
(4) A list of all Special Master's Reports and Recommendations since the last Docket
Sheet;
(5) A list of all Amended Director's Reports; and
(6) A list of all Partial Decrees issued since the last Docket Sheet.
c. The SRBA Court shall compile the Docket Sheet and send copies to:
(1) The Clerk of the District Court in each county located within the boundaries of the
SRBA. The Docket Sheet shall be posted by the Clerk of the District Court in each
county or the clerk shall post a notice telling where in the county building the
Docket Sheet is available for inspection.
(2) One copy to IDWR for inclusion in the document depository:
IDWR
Document Depository
PO Box 83720
Boise, ID 83720-0098
IDWR shall make the Docket Sheet available for inspection at its central and
regional offices.
d. The court charges an annual subscription fee based on the actual cost of copying and
mailing. The court shall maintain a Docket Sheet mailing list.
e. Service of pleadings and other documents under the Docket Sheet Procedure.
(1) The original of any pleading or other document shall be filed with the Clerk of the
SRBA Court, 253 Third Avenue North, PO Box 2707, Twin Falls, Idaho 83303-2707.
(2) Copies of any pleading or other document shall be delivered or mailed to:
(a) IDWR Document Depository, PO Box 83720, Boise, Idaho 83720-0098;
(b) Chief, Natural Resources Division, Office of the Attorney General, State of
Idaho, PO Box 44449, Boise, Idaho 83711-4449;
(c) The United States Department of Justice, Environment and Natural Resources
Division, 550 West Fort Street, MSC 033, Boise, Idaho 83724. Documents
served by messenger or overnight delivery service should be sent to the
U.S. Department of Justice, Environment and Natural Resources Division,
c/o U.S. Attorney's Office, Washington Group Plaza IV, 800 Park Blvd.,
Suite 600, Boise, Idaho 83712, Tel: (208) 334-1211; and
(d) All parties identified in the pleading from whom relief is sought. If relief is
sought against a class or group, service shall be made on the representative of
that class or group.
f. Motion practice under the Docket Sheet Procedure.
(1) Hearing Date - Unless otherwise ordered, a motion will be heard on the third
Tuesday of the second month following its appearance on the Docket Sheet. Any
motion filed with the court before 5 p.m. of the last working day of a month will be
placed on the Docket Sheet for that month. (For example, a document filed before
5 p.m. on September 30, 1997 will appear on the Docket Sheet on October 7. The
hearing will be held on Tuesday, December 16, 1997.)
(2) Expedited Hearings - Any party moving for an order to expedite a hearing shall
send a copy of the motion and supporting documents to all parties listed in
Section 6e(2) and each person on the current copy of the Court Certificate of
Mailing for Expedited Hearings which is available from the Clerk of the SRBA
Court.
(3) Notice of hearings under the Docket Sheet Procedure:
(a) Service of a notice of hearing shall be made pursuant to Section 6e(2). A party
requesting and receiving an expedited hearing shall meet the service
requirements of Section 6f(2).
(b) Compliance with the Docket Sheet Procedure constitutes notice to all parties to
the adjudication.
(4) Briefing schedule under the Docket Sheet Procedure.
(a) Documents in Support of a Motion - All documents and briefs in support of
a motion shall be filed with the motion and served on the parties listed in
Sections 6e(2) or 6f(2).
(b) Responses to Motions - Parties may file documents and briefs supporting or
opposing a motion by the fifteenth day of the month following the motion's first
appearance on the Docket Sheet. Service shall be made on the movant and the
parties identified in Sections 6e(2) or 6f(2). If a motion is to be heard on an
expedited basis, a response shall be filed with the court at least one day prior
to hearing and served on the Court Certificate of Mailing for Expedited
Hearings.
(c) Replies to Responses - Documents or briefs in reply to responses must be filed
before the last working day of the month following the motion's first
appearance on the Docket Sheet, unless the matter is set on an expedited basis.
Service shall be made on the party who filed the response and on the parties
identified in Sections 6e(2) or 6f(2). A matter set on an expedited basis will
rarely allow time for a reply to be filed prior to hearing.
(d) Extensions - For good cause a party may move for an extension of time to file
a response or reply to a motion. A Motion for Extension of Time shall be filed
with the court and served as provided in Sections 6e(2) or 6f(2), prior to the
date the brief is due. If the motion is granted, the movant shall serve a copy
of the order as provided in Sections 6e(2) or 6f(2).
7. COURT FEES
The following fees apply in the SRBA. You must contact the Clerk of the SRBA Court for
the amount of the fee.
a. Transcript fee - A per-page fee is charged for the preparation of any transcript of any
SRBA hearing. Arrangements for transcripts must be made through the SRBA Court
Reporter. Fees must be paid prior to preparation of the transcript.
b. Appellate fees -
(1) The Idaho Supreme Court requires payment of a filing fee for all appeals. This fee
must accompany any notice of appeal.
(2) All appeals to the Idaho Supreme Court must include a clerk's record. Payment of
a per-page fee for the preparation of the clerk's record is required. An estimate of
this fee must be paid at the time the notice of appeal is filed.
c. Fees for services - The following fees are required for services (I.C. 31-3201):
(1) Copying of files or records . . . . . . . . .$1 per page
(2) Certifying of files or records. . . . . . . .$.50 per page
(3) Affixing court certificate and seal . . . . .$1 per document
(4) Copying an audiotape of any SRBA hearing. . .$2 per tape
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