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<br />Western States Water Council <br />Legal Committee <br /> <br />Seattle, Washington <br />July 14, 2005 <br /> <br />. <br /> <br />Adding to the complexity of adjudicating federal claims is the fact that the Pueblos claim <br />immemorial water rights. Quantifying them is a real challenge. Nevertheless, we believe that they can <br />be quantified, and once quantified, should be and will be administered by the state. As in other states, <br />there are issues associated with competing jurisdictions. It is important that these issues be resolved, so <br />that continuity and fairness can be achieved. There was created an Office of the Ombudsman at theUtton <br />Center at the University of New Mexico, with the objective of providing a resource available for the <br />public and water rights owners. DL described the state's desire to nurture trust in the administrative <br />process. That process is focusing on "hot spots." Most of our resources are going to places in the state <br />where we have compact issues, where tribal claims are involved, and where we have shortages. It is the <br />state's intention to work things out in those areas. In meeting these challenges, we hope that senior water <br />rights in particular will see the benefits and will provide assistance in expediting this process, so that they <br />are assured of a dependable supply. <br /> <br />DL described a recent development in that the water court system has adopted new adjudication <br />rules. The state is concerned that this will foster new litigation, but believes it is important to assure due <br />process. He referred members to the web site of the State Engineer's Office for reference to the regulations <br />he described in Albuquerque. While these regulations were very controversial initially. people are now <br />generally supportive of the process. While he wished he could be so bold as to predict completion in ten <br />years, he felt more comfortable in predicting that in six years significant progress will have been made. <br />Last on the panel was Karl Dreher, Director of the Idaho Department of Water Resources (IDWR). <br />He described the Snake River Basin Adjudication. The adjudication commenced with most claims filed . <br />in 1987. A special district court was established to preside. The Idaho Department of Water Resources <br />initially was a formal party. But by 1994, the state had spent about $40M and had not adjudicated a single <br />water right. The state legislature was very unhappy. At that time, Karl's predecessor in the position, <br />decided to retire, and Karl indicated he accepted the job primarily to see if he could be successful with the <br />adjudication. <br /> <br />In 1994, the Department was removed as a.formal party and made the court's technical advisor. <br />IDWR files recommendations with the court, and any claimant can file an objection to those <br />recommendations. To the extent possible, objections are resolved through 'negotiation, but can be the <br />subject of a hearing and that outcome may be appealed. Once the process for an individual claim is <br />complete, similar to Montana, Idaho issues a partial decree for that water right. Idaho uses the term <br />because the decree has not been consolidated into one final decree, but it is enforceable. <br /> <br />Initially, over 160,000 claims were filed, which included various claims by tribes in the state. <br />10,000 federal claims were filed by the Bureau of Land Management and the Forest Service. In the case <br />of the Forest Service, Idaho spent a great deal of money to investigate these claims and in the end, the great <br />majority were withdrawn. At this point in the adjudication, 120,000 claims have been partially decreed, <br />10,000 claims are ready for partial decrees, so that 20,000 of the 160,000 remain. Recommendations for <br />those remaining claims will be completed by the end of this calender year. <br /> <br />While noting that lessons learned in Idaho may not necessarily be transferrable, he discussed four <br />central elements of Idaho's strategy that he thought had led to success. First, he said that communication <br />and relationships are key. He spent a great deal of time establishing a relationship with the presiding judge . <br />in this regard. He was able to do this as the technical advisor to the court, rather than a formal party. This <br /> <br />6 <br />