Legals for November, 12 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 BOUNDARY MAGISTRATE DIVISION In the Matter of the Estate of WILLIAM DANIEL MACINTOSH Deceased. NOTICE IS HEREBY GIVEN that DAVID L. MACINTOSH has been appointed Personal Representative of the above-named decedent. All persons having claims against the decedent or the estate are required to present their claims within for (4) months after the date of the first publication of the Notice to Creditors, or within sixty (60) days after the undersigned mailed or delivered a copy of the Notice to such person, whichever is later, or said claims will be forever barred. Claims must be presented to Thomas A. Bushnell, Attorney at Law, P.O. Box 1833, Bonners Ferry, Idaho 83805, and filed with the Clerk of the Court. DATED this 21st day of October, 2020. /s/ Thomas A. Bushnell Attorney for the Estate BFH#10512/AD#414755 OCTOBER 29, NOVEMBER 5, 12, 2020
PUBLIC NOTICE The following is a synopsis of the official Boundary County Commissioners' minutes per Idaho Code 31-819. Detailed minutes are available for public inspection at the Auditor's Office in the Courthouse during normal working hours. Minutes of open meetings held on April 6, 2020 through April 28, 2020. Approved Motions: 3/2, 3/16, 3/23, 3/30, 4/6, 4/13/2020 minutes; Sign: FAA Single Audit Certification Form for Airport Improvement Project (AIP) for FY ending 9/30/20, Modification of Voluntary Maintenance Agreement with 9B Trails, No Spray Weed Agreement for Christi Kramer & Jean Eddy; Agreement with EL Automation for internet & fiber for Sheriff's Office, Record of Negotiation regarding AIP, Amended Disaster Emergency Declaration for COVID-19, GEICO claim regarding Deep Crk Bridge #3, Send $5,000.00 deposit claim & sign LHTAC/Local Agreement (Sub-Agreement) (Proj. Dev.) for 2020 Local Hwy Safety Improvement Prog., Group Guardrail Proj., Proj. No. A021(994), Key No. 21994, Storm Water Easement Deed with City of Bonners Ferry regarding Lots 6 & 7, Block 3, Second Riverside Addition to Bonners Ferry, Dept. of Health & Welfare Contract for mosquito surveillance study, Certificates of Residency, Certificate of Final Completion for Project No. FAA/AIP No. 3-16-0004-016-2019 for procurement of wheel loader & attachments for snow removal, Construction Project Final Acceptance AIP Sponsor Certification for AIP 3-16-0004-017-2020 for environmental assessment & snow removal equipment building, Application for Federal Assistance Form FS424, Piggy back bid for Liquid Asphalt Supply & sign Independent Contractor Agreement, Dept. of Agriculture Selkirk Cooperative Weed Mgmt Area Disbursement Agreement State Cost Share Funds, Letter of intent for Boundary Soil Conservation Dist., CARES Act Application for SF424 for Federal Assistance for Airport, FAA AIP Grant 016 Request for Reimbursement No. 5, final payment application for snow removal equipment & T-O Engineering's March Invoice Summary; Increase Clerk's Ofc credit card by $3,000.00; Go to bid for calcium chloride dust palliative materials; Alcohol Beverage License for Grocery Outlet; Extend Emergency Declaration associated with COVID-19; 1 indigent matter; Set tax deeded property auction for RP61N01W132408A & RP002700020010A; Hold public hearing on 6/2/2020 to consider increase in Planning & Zoning Application fees; Send letter to IDL requesting removal of trees along right-of-way of Highway 95 on Peterson Hill; Treasurer's Report dated 3/31/2020; Svcs of Mtn West Bk, Potlatch No. 1 Financial Credit Union, Wells Fargo Bk & Columbia State Bk; Bid from B.F. Builders contingent on civil attorney's concurrence & subject to FAA funds; Proposed budget for Panhandle Health District. Denied Claims: None. Commissioners reviewed claims for payment. Fund totals are as follows: Current Expense ($)232,892.26, Rd/Bridge 122,131.17, Airport 4,685.40, Dist. Court 7,055.33, Justice Fund 158,619.47, 911 Funds 7,948.43, Indigent/Charity 11,948.53, Parks/Rec 2,972.61, Animal Damage Control 5,000, Revaluation 209.39, Solid Waste 30,807.74, Tort 375.27, Vets Memorial 430.35, Weeds 100.80, Restorium 40,145.02, Waterways 889.66, Grant, Airport 9,153.33, Grant, Boat Safety 639.10. TOTAL $636,003.86. Trusts: Auditor's 121,342.99, Boundary Co. Drug Court 177.60, Driver's License 4,962, Motor Vehicle 120,590.94, Insurance Reimbursement 8,543, Sheriff's Fund 499.25, Odyssey Court Acct 22,328.03, Odyssey Bond Acct 178.75, Odyssey Restitution Acct 4,251.91. TOTAL $282,874.47. GRAND TOTAL $918,878.33. Payroll $690,853.65. Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners' allowance & warrant register record 2019-2020). BFH#10520/AD#418561 NOVEMBER 12, 2020
PUBLIC NOTICE The following is a synopsis of the official Boundary County Commissioners' minutes per Idaho Code 31-819. Detailed minutes are available for public inspection at the Auditor's Office in the Courthouse during normal working hours. Minutes of open meetings held on May 4, 2020 through May 26, 2020. Approved Motions: Sign: Findings & Decision for Planning & Zoning App. #19-177 regarding urban subdivisions, Independent Contractor Agreement with Oxford Inc., Economic Development Prof. Prog. match letter, National Peace Officer Memorial Week Proclamation for YR 2020, KN 13419 Westside Rd-Trout Crk Bridge Local Prof. Svcs Agreement Number 95564 for Engineer of Record Project Svcs & KN 13419 Westside Rd Trout Crk Bridge local Prof. Svcs Agreement for Construction Engineering & Inspection Proj. Svcs., Certificates of Residency, FAA 65S-NMG-3-16-0004-019-2020 grant agreement & associated documents regarding Coronavirus Aid, Relief & Economic Security Act (CARES) for the Airport, Amended Contractor's Application for Payment No. 2 for airport snow removal equipment, Western Federal Lands Hwy Division Funds Transfer Agreement for Riverside Rd Improvement Proj., Changer Order #3 for Armory proj., No Spray Weed Agreement for Mike Glazier, Independent Contractor Agreement with Panhandle Pest Control, EL Internet NW Business Internet Svc Agreement for courts, Amended FY2021 Indigent Defense Financial Assistance Compliance Proposal & Application, FAA Request for Reimbursement #6 for AIP 3-16-0004-16-2019 for $1,524.36 for airport snow removal equipment, snow removal equipment building & Categorical Exclusion; Reaffirm motion to select EL Internet quote for Sheriff's Ofc; 4/20-4/21, 4/27-4/28, 5/4-5/2020 minutes; Oxford Inc. bid for 120 tons of CaCl Mini-Pellets; Ratify signing FY 2021 Indigent Defense Financial Assistance Proposal & Application; Award airport bid for snow removal equipment building to B.F. Builders & sign associated contract; Send letter of intent to renew agreement for overflow parking with Kootenai River Lumber Co., Authorize expenditures as set forth in budget for State Homeland Security Grant Prog. for amt of $36,126.00; Purchase of brush grapple for airport after trade-in of snow blower. Denied Motions: None. Commissioners reviewed claims for payment. Fund totals are as follows: Current Expense ($)205,131.22, Rd/Bridge 45,037.35, Airport 4,270.21, Dist. Court 3,993.42, Justice Fund 27,767.94, 911 Funds 9,388.66, Health Dist. 13,773, Indigent/Charity 11,110.54, Jr College Tuition 18,272, Parks/Rec 1,003.97, Revaluation 52.02, Solid Waste 21,498.20, Tort 3,815.07, Vets Memorial 101.93, Weeds 314.65, Restorium 19,601.35, Waterways 537.07, Grant, Airport 3,432.34. TOTAL $389,100.94. Trusts: Boundary Co. Drug Court 172, Sales Tax Collected 217.07, Driver's License 5,829, Indigent Reimbursement 22,524.55, Motor Vehicle 104,382.71, Sheriff's Fund 1,777.85, Drug Forfeiture Fund 93.47, Odyssey Court Acct 13,180.87, Odyssey Bond Acct 477, Odyssey Restitution Acct 1,308.72. TOTAL $149,963.24. GRAND TOTAL $539,064.18. Payroll claims $680,260.30. Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners' allowance & warrant register record 2019-2020). BFH#10521/AD#418562 NOVEMBER 12, 2020
NOTICE OF PUBLIC HEARING TO CONSIDER AN INCREASE IN BOUNDARY COUNTY FAIRGROUNDS FAIR & FACILITY RENTAL FEES The Boundary County Fair Board has purposed an increase of rental fees by an amount that in some cases exceeds 4.99%. The purposed changes would begin January 1, 2021. All citizens are invited to participate in a public hearing to be held at the Fairgrounds office located at 6567 Recreation Park Rd, Bonners Ferry, Idaho, at 6:30 p.m., on Monday, December 7, 2020. The purpose of the hearing will be to receive public comment and to explain the reasons for the proposed increase of facility rental and fair fees. A complete list of the proposed fee increase is available at the Fair Board office. Any person with questions about the proposed increase may contact the Boundary County Fair Board Administrator Jodi Stoddard at (208) 267-7041.
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 pr e-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: