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Last modified
7/14/2011 11:18:01 AM
Creation date
9/19/2007 4:06:48 PM
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Publications
Year
2005
Title
Western States Water Council - San Antonio, TX., October 18-21, 2005
CWCB Section
Administration
Description
Western States Water Council - San Antonio, TX., October 18-21, 2005
Publications - Doc Type
Water Policy
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<br />. <br /> <br />. <br /> <br />. <br /> <br />Western States Water Council <br />Legal Committee <br /> <br />Seattle, Washington <br />July 14,2005 <br /> <br />is an important distinction. The positive relationships that have developed with the presiding judge have <br />filtered down to the staff level within the Department of Water Resources and the various special masters. <br />Further, IDWR has also cultivated positive relationships with claimants through communication on a <br />regular basis. The Department invested a lot of effort in going out to the communities to explain the <br />process, its purposes and how it might affect them. That approach continues. The second point is to divide <br />the effort into manageable pieces. Idaho determined that the claims of the federal agencies and the tribes <br />under federal law would be handled in the first instance by the attorney general's office. This effort <br />resulted in the Fort Hall and Nez Perce settlements, and resolution of various claims by the federal <br />government under the federal Wild and Scenic Rivers Act. The claims of the Shoshone Paiute Tribe are <br />left. Of the remaining claims that were filed under state law, which included claims by federal agencies, <br />the Department classified them in terms of complexity. Mr. Dreher's determination was to begin with the <br />easy ones first for two reasons. This would help the process of building a relationship with the court, and <br />also help convince the legislature that it could be done. As time progressed, and people saw successful <br />outcomes, the more complex claims were addressed. <br /> <br />Mr. Dreher said the third key was to involve claimants informally during the investigation process. <br />Before the department files it's recommendations formally with the court, it sends out preliminary <br />recommendations to the claimants. This is not an invitation for argument, but rather an effort to supply <br />information. As a result, the objection rate for the recommendations that were filed by the Department <br />had dropped from nearly 80 % to typically less than 5 % now. Karl also explained that this drop was due <br />to the state's maximum use of technology, which he described as the fourth key to success in the state of <br />Idaho. Noting that "a picture is worth a thousand words," he described the positive effects of a satellite <br />picture of land under irrigation. The Department has 'also done a great deal to automate and update the <br />database so that the process of decision making becomes transparent. This effort was complicated by a lack <br />of reliable records on land ownership. . The state has endeavored with success to work with the counties to <br />convert the information on land ownership into something IDWR could use for its GIS systems. The <br />Department has continued to make improvements in the use of technology and is aiming to implement an <br />online process for making claims. <br /> <br />Ouestionsl Answers: <br /> <br />Bill Staudenmaier inquired how much had been expended on the adjudication. Karl explained that <br />he could not speak for the claimants, but the state had spent about $80M. <br /> <br />Jack Stults was asked a question about informal visits with individual claimants, where legal <br />counsel was not necessary. Jack explained that the state contacts about 85-90% of all claimants, and works <br />with them on an informal basis while they are developing their report, and if objections to any claims are <br />raised, there is also scheduled informal opportunities to discuss potential resolution. These meetings are <br />attended by water masters that are employees of the court. Our job is to serve as the technical advisors <br />to the court. <br /> <br />Karl noted that his agency also works to take the stigma out of the court process. Jack was asked <br />about his statement that the accuracy of the claims are often clarified through the objection process. Jack <br />affirmed that this was the case, and noted an important distinction in Montana, as compared to Idaho. In <br />Montana, the report of the agency does not assume prima facia status, as is the case in Idaho. <br /> <br />7 <br />
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