Legals for November, 12 2020
PUBLIC NOTICE The following application(s) have been filed to appropriate the public waters of the State of Idaho: 93-7682 JOHN CADY 32264 S SENKLER RD WORLEY, ID 83876-6715 Point of Diversion NWNWNE S34 T47N R05W KOOTENAI County Source SPRING Tributary ROCK CREEK Use: STOCKWATER 01/01 to 12/31 Total Diversion: 0.03 CFS Date Filed: 10-07-2020 Place Of Use: STOCKWATER T47N R05W S34 NWNE 93-7683 JOHN CADY 32264 S SENKLER RD WORLEY, ID 83876-6715 Point of Diversion NENWNE S34 T47N R05W KOOTENAI County Source SPRING Tributary ROCK CREEK Point of Diversion NWNE S34 T47N R05W KOOTENAI County Source UNNAMED STREAM Tributary ROCK CREEK Use: WILDLIFE STORAGE 01/01 to 12/31 0.5 AF Use: STOCKWATER STORAGE 01/01 to 12/31 0.1 AF Use: DIVERSION TO STORAGE 01/01 to 12/31 0.01 CFS Total Diversion: 0.01 CFS, 0.6 AF Date Filed: 10-07-2020 Place Of Use: DIVERSION TO STORAGE,STOCKWATER STORAGE,WILDLIFE STORAGE T47N R05W S34 NWNE 93-7684 JOHN CADY 32264 S SENKLER RD WORLEY, ID 83876-6715 Point of Diversion NWNE S34 T47N R05W KOOTENAI County Source UNNAMED STREAM Tributary ROCK CREEK Use: STOCKWATER STORAGE 01/01 to 12/31 1.3 AF Use: WILDLIFE STORAGE 01/01 to 12/31 0.5 AF Total Diversion: 1.8 AF Date Filed: 10-07-2020 Place Of Use: STOCKWATER STORAGE,WILDLIFE STORAGE T47N R05W S34 NENW,NWNE 95-18017 LEROY E MACKLIN ANNETTE M DESJARDINS 606 W 15TH AVE POST FALLS, ID 83854-7217 Point of Diversion NENWSE S30 T52N R05W KOOTENAI County Source SPRING Tributary HAUSER CREEK Point of Diversion NENWSE S30 T52N R05W KOOTENAI County Source SPRING Tributary HAUSER CREEK Use: DOMESTIC 01/01 to 12/31 0.04 CFS Use: STOCKWATER 01/01 to 12/31 0.02 CFS Total Diversion: 0.04 CFS Date Filed: 10-13-2020 Place Of Use: DOMESTIC,STOCKWATER T52N R05W S30 NWSE 95-18018 MARK DAVIS & JACKIE LYNN LIVING TRUST 16565 N RAMSEY RD RATHDRUM, ID 83858-8245 Point of Diversion NESE S27 T52N R04W KOOTENAI County Source GROUND WATER Use: DOMESTIC 01/01 to 12/31 Total Diversion: 0.04 CFS Date Filed: 10-08-2020 Place Of Use: DOMESTIC T52N R04W S27 NESE 95-18019 MARK DAVIS & JACKIE LYNN LIVING TRUST 16565 N RAMSEY RD RATHDRUM, ID 83858-8245 Point of Diversion NESE S27 T52N R04W KOOTENAI County Source GROUND WATER Use: DOMESTIC 01/01 to 12/31 0.04 CFS Use: IRRIGATION 03/15 to 11/15 0.14 CFS Total Diversion: 0.18 CFS Date Filed: 10-08-2020 Place Of Use: DOMESTIC,IRRIGATION T52N R04W S27 NESE Total Acres: 7 95-18022 LINDA M HAGENBARTH WILLIAM L HAGENBARTH 24670 S COTTONWOOD BAY LN WORLEY, ID 83876-6005 Point of Diversion NWNE S4 T47N R04W KOOTENAI County Source COEUR D ALENE LAKE Tributary SPOKANE RIVER Use: IRRIGATION 03/15 to 10/31 Total Diversion: 0.02 CFS Date Filed: 10-15-2020 Place Of Use: IRRIGATION T47N R04W S4 L1(NWNE),NWNE Total Acres: 0.3 95-18023 VAUGHN WARD KIRSTEN WARD 7647 E TAILFEATHER DR SCOTTSDALE, AZ 85255-4784 Point of Diversion SENE S16 T50N R04W KOOTENAI County Source GROUND WATER Point of Diversion SENE S16 T50N R04W KOOTENAI County Source GROUND WATER Point of Diversion SENE S16 T50N R04W KOOTENAI County Source GROUND WATER Use: IRRIGATION 03/15 to 11/15 Total Diversion: 0.18 CFS Date Filed: 10-16-2020 Place Of Use: IRRIGATION T50N R04W S16 SENE Total Acres: 9 95-18025 FAMILY HERITAGE LEGACY LLC 1725 E UPDAHL CT HARRISON, ID 83833-7784 Point of Diversion SWNW S8 T49N R03W KOOTENAI County Source GROUND WATER Use: DOMESTIC 01/01 to 12/31 Total Diversion: 0.04 CFS Date Filed: 10-19-2020 Place Of Use: DOMESTIC T49N R03W S8 SWNW 95-18026 FAMILY HERITAGE LEGACY LLC 1725 E UPDAHL CT HARRISON, ID 83833-7784 Point of Diversion SWNW S8 T49N R03W KOOTENAI County Source UNNAMED STREAM Tributary COEUR D ALENE LAKE Use: IRRIGATION 03/15 to 11/15 Total Diversion: 0.09 CFS Date Filed: 10-20-2020 Place Of Use: IRRIGATION T49N R03W S8 SWNW Total Acres: 3 95-18028 GARY SCHENKENBERGER GAYLE SCHENKENBERGER 726 W MILL AVE COEUR D ALENE, ID 83814-2438 Point of Diversion NWNE S33 T50N R03W KOOTENAI County Source GROUND WATER Use: DOMESTIC 01/01 to 12/31 Total Diversion: 0.1 CFS Date Filed: 10-21-2020 Place Of Use: DOMESTIC T50N R03W S33 NWNE 95-18030 WALKING HORSE PARTNERS LLC 10063 N NAVION DR HAYDEN, ID 83835-5040 Point of Diversion L3(NWSW) S7 T53N R02W KOOTENAI County Source GROUND WATER Use: DOMESTIC 01/01 to 12/31 Total Diversion: 0.15 CFS Date Filed: 10-26-2020 Place Of Use: DOMESTIC T53N R02W S7 NESW,L3(NWSW) Place Of Use: DOMESTIC T53N R03W S12 NESE Permits will be subject to all prior water rights. For additional information concerning the property location, contact the Northern office at (208)762-2800; or for a full description of the right(s), please see https://idwr.idaho.gov/apps/ExtSearch/WRApplicationResults/. Protests may be submitted based on the criteria of Idaho Code § 42-203A. Any protest against the approval of this application must be filed with the Director, Dept. of Water Resources, Northern Region, 7600 N MINERAL DR STE 100, COEUR D ALENE ID 83815-7763 together with a protest fee of $25.00 for each application on or before 11/23/2020. The protestant must also send a copy of the protest to the applicant. GARY SPACKMAN, Director CDA LEGAL 4454 AD#417032 NOVEMBER 5, 12, 2020
IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT OF THE STATE OF IDAHO IN AND FOR THE COUNTY OF TWIN FALLS IN RE: THE GENERAL ADJUDICATION OF RIGHTS TO THE USE OF WATER FROM THE CLARK FORK-PEND OREILLE RIVER BASINS WATER SYSTEM CASE NO. 69576 NOTICE OF FILING PETITION TO COMMENCE GENERAL ADJUDICATION OF WATER RIGHTS TO: ALL PERSONS OWNING RIGHTS TO THE USE OF WATER FROM THE CLARK FORK-PEND OREILLE RIVER BASINS WATER SYSTEM YOU ARE HEREBY NOTIFIED that the State of Idaho, by and through Lawrence G. Wasden, in his official capacity as the Attorney General for the State of Idaho, filed a Petition to Commence Clark Fork-Pend Oreille River Basins Adjudication to commence a general adjudication of water rights from the Clark Fork-Pend Oreille River basins water system on October 23, 2020, pursuant to Idaho Code § 42-1406B. A hearing on the Petition (called a commencement hearing) has been scheduled to begin on January 21, 2021 at 9:00 a.m. Pacific Time (PT). The hearing will be conducted via Zoom from the Snake River Basin Adjudication Courthouse in Twin Falls before the Honorable Eric Wildman. Instructions to join the Zoom hearing are attached to this Notice. The purpose of the adjudication is to determine all rights arising under state or federal law to the use of surface and ground water from the Clark Fork-Pend Oreille River basins water system. THE PURPOSE OF THIS NOTICE IS TO DESCRIBE BRIEFLY THE PETITION AND TO INFORM YOU OF THE MATTERS TO BE DETERMINED BY THE DISTRICT COURT AT THE COMMENCEMENT HEARING; NOTICE WILL BE GIVEN AT A LATER DATE AS TO WHEN AND WHERE TO FILE YOUR NOTICE OF CLAIM TO A WATER RIGHT. The Petition asks the court to enter an order (called a commencement order) starting a general adjudication of the Clark Fork-Pend Oreille River basins water system, authorizing the Director of the Idaho Department of Water Resources (Director) to investigate all uses of water from the water system and prepare a report of water rights, and directing all claimants of water rights from the water system to file a notice of claim to a water right with the Director unless claimants elect to defer the adjudication of domestic and stock water rights as defined by Idaho Code §42-1401A(4) and (11). The Petition asks the court to determine the boundaries of the water system to be adjudicated in this action. The Director proposes to adjudicate that portion of the Clark Fork-Pend Oreille River basins within the state of Idaho. A map illustrating the Clark Fork-Pend Oreille River basins water system and the proposed boundaries of the water system to be adjudicated is included in this notice. The Petition lists the counties within the proposed boundaries of the water system and states that a portion of each county is within the proposed boundaries. There are no counties wholly contained in the proposed boundaries. The Petition asks the court to require persons holding a permit for which proof of beneficial use was filed on or prior to the date the commencement order is issued to file a notice of claim. The Petition asks the court to enter an order establishing a procedure to defer the adjudication of domestic and stock water rights as defined by Idaho Code §42-1401A(4) and (11). The Director's proposed process for the deferral of domestic and stock water rights is presented below. The Petition asks the court to approve the manner in which the Director proposes to conduct the second round of notifying claimants of their duty to file a notice of claim. The first round of notice is described in Idaho Code §42-1408(2)-(3); the second round of notice is described in Idaho Code §42-1408(4). In response to the Petition, the district court will determine the following matters, among others: a. The boundaries of the water system; b. Whether the boundaries of the water system as proposed by the Petition are in compli ance with the terms of the McCarran Amendment; c. Whether the proposed deferral procedure (below) for the adjudication of domestic and stock water rights as defined by Idaho Code §42-1401A(4) and (11) is in compliance with the terms of the McCarran Amendment; d. Any other uses of water excluded from the adjudication proceedings; and e. Any other matter raised by the Petition. THE DISTRICT COURT WILL HEAR EVIDENCE AND ARGUMENTS FROM ANY PERSONS IN RESPONSE TO ANY MATTER RAISED BY THE PETITION. ANY PERSON WISHING TO PRESENT EVIDENCE OR ARGUMENT AT THE COMMENCEMENT HEARING MUST COMPLY WITH CERTAIN PROCEDURES ORDERED BY THE DISTRICT COURT. The procedures are set forth in the Order Setting Commencement Hearing and Procedures for Hearing, issued by the district court on October 26, 2020. The Order addresses the requirements for the Commencement Hearing, including the following: 1. Each attorney who represents a person interested in the Clark Fork-Pend Oreille River Basins Adjudication or interested party acting pro se (representing yourself without an attorney) who intends to present evidence or argument at the Commencement Hearing shall file a Notice of Appearance with the district court on or before 5:00 P.M. PT, Janu ary 14, 2021. 2. Each attorney or pro se litigant who intends to present evidence shall also file a pre-hearing statement with the district court on or before 5:00 P.M. PT, January 14, 2021. The pre-hearing statement shall include: a. A statement of issues raised; b. A list of documents to be offered into evidence; c. A list of witnesses; and d. The estimated amount of time needed for direct examination of each witness. 3. Each attorney or pro se litigant who intends to present legal argument shall also lodge with the district court a brief or memorandum of law in support of that attorney's or pro se litigant's legal argument on or before 5:00 P.M. PT, January 14, 2021. 4. Each attorney or pro se litigant shall serve the State of Idaho via the Office of the Attor ney General, the Director and the United States with any papers filed or lodged with the district court on or before 5:00 p.m. PT, January 14, 2021. The addresses for service are as follows: a. Chief, Natural Resources Division Office of the Attorney General State of Idaho PO Box 83720 Boise, ID 83720-0010 b. Director, Idaho Department of Water Resources PO Box 83720 Boise, ID 83720-0098 c. United States Department of Justice Environment & Natural Resources Division 550 West Fort Street, MCS 033 Boise, ID 83724 5. All filings and lodgings with the district court shall be made with the clerk of the district court under the above-captioned case number and title. The address for filing and lodg ing is as follows: Clark Fork-Pend Oreille River Basins Adjudication c/o SRBA District Court PO Box 2707 Twin Falls, ID 83303-2707 6. Fax filing is also available pursuant to Rule 5(d)(3) of the Idaho Rules of Civil Proce dure, though faxed documents are limited to ten (10) pages, including attachments and exhibits. Documents can be fax filed at (208) 736-2121. 7. The district court may relieve any attorney or any pro se litigant from the requirements of the Order for good cause shown. Copies of the Petition and the Order may be obtained at https://idwr.idaho.gov/water-rights/adjudication/NIA/CFPRBA.html or from any office of the Idaho Department of Water Resources (IDWR) or from the district court. PROPOSED PROCESS TO DEFER THE ADJUDICATION OF DOMESTIC AND STOCK WATER RIGHTS: All claimants of de minimis (small) domestic and/or stock (D&S) water rights as defined in Idaho Code §42-1401A(4) and (11) shall be joined as parties in this proceeding and shall be bound by all decrees entered in this case, including the final decree. Any objection to any and all claims being adjudicated in this proceeding, including those of a D&S claimant, must be timely raised in accordance with Idaho Code §42-1412 or be forever barred. Water users of D&S rights may elect to file a Notice of Claim at the time of commencement of the Clark Fork-Pend Oreille River Basins Adjudication or defer (postpone) the filing. If a D&S claimant elects to have the claim adjudicated now, then the D&S claimant must file a notice of claim (Idaho Code §42-1409) and pay any fees (Idaho Code §42-1414). Election to defer will not result in a loss of the D&S water right nor will a D&S claimant be prevented from making a D&S claim in the future. The owner of a D&S water right who elects to defer the filing of a Notice of Claim will be required to have the water right adjudicated prior to the water right being distributed by a watermaster (Idaho Code §42-607) and/or before an application for change of the water right may be filed with IDWR (Idaho Code §42-222). Water right holders who choose to delay filing on D&S water rights will be required to file a motion for determination of the use (motion), with an attached notice of claim, in order to obtain an adjudicated water right. Notice of the motion and information describing the claim must be published by the claimant for at least three (3) weeks in a newspaper of general circulation in the county where the point of diversion is located. In addition, claimant must serve the motion and claim on the Director, the State of Idaho, the United States, and persons against whom relief is sought. Service upon the United States must be via certified mail to the United States Attorney for the District of Idaho and the United States Attorney General in Washington, D.C. Any party can object to the claim by filing written notice of the objection with the district court within forty-five (45) days from the date of the first publication of the notice. A copy of the objection shall be served on the State of Idaho, Director, United States, the person whose claim is being objected to, and all persons who have appeared in response to the motion. Within thirty (30) days of the objection deadline, the Director will file a notice with the court stating whether the Director will examine the deferred D&S claim and whether the Director will prepare a report on the claim to the district court. The Director's notice will contain the Director's estimated costs, due from the claimant, for examination of the claim and preparation of the report. The notice will also contain the Director's approximation of time for filing the report. Prior to filing the report, the D&S claimant shall pay the balance of the Director's costs or be refunded by the Director any unused advanced estimated costs. If the D&S claimant contests the Director's costs, the district court shall determine a reasonable cost to be paid by the claimant. Deferrable domestic claimants are also required to pay their own filing fees. The Director will investigate the claim and submit the report to the court with copies to the State of Idaho, United States, all parties who filed objections, and all parties against whom relief is sought. The court will then set objection and response deadlines and set a hearing (Idaho Code §42-1412). If the Director notifies the court that the Director does not intend to prepare a report, then the district court will proceed with a hearing and any party who timely objected may appear and challenge the D&S motion and claim. The district court may order the Director to prepare a report after a hearing on the motion and D&S claim. Proof of service is required for any motion under this deferred procedure. Claimant must certify the date and manner of service of the motion on the State of Idaho, Director, United States, and persons against whom relief is sought. Appeals of any orders or decrees entered under the deferred procedure are governed by the rules applicable to appeals of orders in the Clark Fork-Pend Oreille River Basins Adjudication. The district court retains continuing jurisdiction of the subject matter in this proceeding and the parties to the proceeding for the purpose of adjudicating deferred D&S claims. The proposed process above meets the requirements of the McCarran Amendment, 43 U.S.C. §666, because all water users, including those claiming de minimis D&S rights, will be served and made parties to this adjudication, and will eventually have their rights adjudicated, either in this phase of the proceeding or pursuant to the proposed procedures set forth in this notice. DATED this 4th day of November, 2020. Gary Spackman, Director Idaho Department of Water Resources HOW TO ACCESS THE HEARING USING ZOOM:
NOTICE OF HEARING ON NAME CHANGE (Adult or Emancipated Minor) IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI IN RE: Lisa Marie Findlay CASE NO. CV28-20-6789 A Petition to change the name of Lisa Marie Findlay, now residing in the City of Hayden, State of Idaho, has been filed in the District Court in Kootenai County, Idaho. The name will change to Lisa Marie Marowitz. The reason for the change in name is: I was divorced in 2015, but did not change my last name (Findlay) at that time and now desire to change it to Marowitz. A hearing on the petition is scheduled for 1:30 o'clock p.m. on December 14, 2020, at the Kootenai County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date: October 30, 2020 JIM BRANNON CLERK OF THE DISTRICT COURT By /s/ Elizabeth Floden Deputy Clerk CDA LEGAL 4464 AD#417929 NOVEMBER 5, 12, 19, 26, 2020
NOTICE TO CREDITORS (I.C. 15-3-801) IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI IN THE MATTER OF THE ESTATES OF EDWARD WINFIELD EICHWALD and LILLIAN JEANNE EICHWALD, DECEASED. CASE NO. CV28-20-6851 NOTICE IS HEREBY GIVEN that JANA LYNN EICHWALD has been appointed Personal Representative of the joint estates of EDWARD WINFIELD EICHWALD and LILLIAN JEANNE EICHWALD. All persons having claims against EDWARD WINFIELD EICHWALD and LILLIAN JEANNE EICHWALD and/or their estates are required by law to present their claims within four (4) months after the date of the first publication of this notice or said claims will be forever barred. CLAIMS MUST BE PRESENTED WITHIN SUCH TIME LIMITS to the undersigned attorneys, Vasseur & Schlotthauer, PLLC, P.O. Box 808, Coeur d'Alene, Idaho, 83816, AND MUST ALSO BE FILED WITHIN SUCH TIME LIMITS with the Clerk of the Court of the First Judicial District, Kootenai County, Idaho. DATED this 9th day of November, 2020. VASSEUR & SCHLOTTHAUER, PLLC /s/ Brent G. Schlotthauer P.O. Box 808 Coeur d'Alene, Idaho 83816-0808 CDA LEGAL 4499 AD#418979 NOVEMBER 12, 19, 26, DECEMBER 3, 2020