Idaho State Statutes - Idaho Attorney Directory

(1) In order
to provide an adequate and equitable cost-sharing formula for financing the
costs of adjudicating water rights the department of water resources shall
accept no notice of claim required under the provisions of section 42-1409,
Idaho Code, unless such notice of claim is submitted with a filing fee based
upon the fee schedule set forth below. Failure to pay the variable water use
fee in accordance with the timetable provided shall be cause for the
department to reject and return the notice of claim to the claimant. The fee
schedule set forth below applies to adjudication proceedings commenced or
enlarged on or after January 1, 1985.
(a) Flat fee per claim filed:
(i) Claims for domestic and/or stock watering rights ....... $25.00
(ii) Claims for all other rights ............................ $50.00
(b) Additional variable water use fee for claims filed based upon
acreage, power generating capacity, c.f.s., or equivalent volume of water:
(i) Irrigation use (one fee irrespective of number of
claims): ............................................ $ 1.00 per acre
(ii) Power: ........................ $ 3.50 per kilowatt of capacity
(manufacturer's nameplate rating)
(iii) Aquaculture: ............................... $ 10.00 per c.f.s.
(iv) Municipal, industrial, commercial, mining, heating, cooling:
.................................................. $100.00 per c.f.s.
(v) Public instream flow, public lake level maintenance, wildlife:
.................................................. $100.00 per c.f.s.
(c) Payment of a variable water use fee of more than one thousand dollars
($1,000) may be spread out over as many as five (5) annual equal payments
with ten percent (10%) interest accruing on the unpaid balance. All fees
collected by the department pursuant to this section shall be placed in
the water resources adjudication account established in section 42-1777,
Idaho Code.
(2) If a claimant increases in an amended notice of claim the amount of
water claimed, the amount of land irrigated, or the kilowatt capacity of the
generating facility, the claimant shall pay upon filing the amended notice of
claim an additional variable fee in accordance with the rates set forth in
subsection (1) of this section. Claimants shall be entitled to a return of
filing fees or late fees only where the fee was miscalculated at the time the
original or amended notice of claim was filed.
(3) If a claimant files a notice of claim after the date set by the
director in the notice mailed or served in accordance with subsections (2),
(3), or (4) of section 42-1408, Idaho Code, or with subsection (7) of section
42-1409, Idaho Code; the claimant shall pay the fee set forth in subsection
(1) of this section, and in addition, the amount of fifty dollars ($50.00) or
fifteen percent (15%) of the original filing fee, whichever is greater. The
director may waive the late processing fee or a portion thereof for good
cause.

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