Legals for September, 16 2021
NOTICE OF PUBLIC HEARING REGARDING FEE INCREASE CABINET MOUNTAINS WATER DISTRICT SEPTEMBER 21ST, 2021 AT 6:00 P.M. Notice is hereby given, in accordance with Idaho Code Section 63-1311A, by the Cabinet Mountains Water District, that the District will conduct a public hearing at 6:00 p.m., on Tuesday, September 21st, 2021, at the Bonners Ferry Gateway Visitor Center located at 6373 Bonner Street, Bonners Ferry Idaho to consider public comment regarding the institution of increased District fees; specifically regarding water rates and fees. All interested persons are invited to appear and provide testimony on the proposed changes. Testimony may also be submitted in writing by providing a copy to the District at Marlaina@ydacpa.com prior to 4:00 P.M. on the day of the hearing. Copies of the proposed rates and changes may be obtained by e-mailing the District at the e-mail above. BFH#10711/AD#482919 SEPTEMBER 9, 16, 2021
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 BOUNDARY IN RE:Christy Halverson CASE NO. CV11-21-362 A Petition to change the name of Christy Halverson, now residing in the City of Bonners Ferry, State of Idaho, has been filed in the District Court in Boundary County, Idaho. The name will change to Christy Marie Wells. The reason for the change in name is: been divorced since 2018. Taking the name Wells back to match my SS Card etc... A hearing on the petition is scheduled for 11:00 o'clock a.m. on October 4, 2021, at the Boundary County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date:August 27, 2021 GLENDA POSTON CLERK OF THE DISTRICT COURT By: /S/: Jamie Wilson Deputy Clerk BFH#10709/AD#481678 SEPTEMBER 2,9,16,23,2021
ORDINANCE 599 AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR, BEGINNING OCTOBER 1, 2021, APPROPRIATING THE SUM OF $15,476,470 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF BONNERS FERRY, FOR SAID FISCAL YEAR, AUTHORIZING A LEVY OF SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SUCH APPROPRIATIONS ARE MADE. BE IT ORDAINED by the Mayor and City Council of the City of Bonners Ferry, Boundary County, Idaho Section 1. That the sum of $15,476,470 be and the same is hereby appropriated to defray the necessary expenses and liabilities of the City of Bonners Ferry, Boundary County, Idaho, for the fiscal year beginning October 1, 2021. Section 2. That the objects and purposes for such appropriations are made as follows: Proposed General Government Fund Expenditures General Government $239,679 Police Department & Police Grants 727,924 Animal Control 11,674 Fire Department 208,549 Parks Department & Visitor Center 78,600 Swimming Pool 77,778 Golf Course 145,725 Street Department 568,053 South Hill Slough Grant 199 D.A.R.E./School Resource Officer 54,063 Economic Development Coordinator Grant 64,780 Dike Maintenance 20,000 Capital 0 Inter-Department Contingency 517,796 Total General Fund Expenditures $2,714,820 Proposed Enterprise Fund Expenditures Electric Fund 8,342,495 Water Fund 2,203,885 Sewer Fund 2,053,308 Garbage Fund 161,962 Total Enterprise Expenditures $12,761.650 Total Expense Budget Fiscal Year 2021 $15,476.470 Section 3. That the general levy of $679,965 on all taxable property within the City of Bonners Ferry be levied in an amount allowed by law for general purposes for said City, for the fiscal year beginning October 1, 2021. Section 4. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 5. This ordinance shall take effect and be in full force on October 1, 2021, after its passage, approval and publication in the Bonners Ferry Herald, a newspaper of general circulation in the City of Bonners Ferry, and the official newspaper thereof. PASSED under suspension of the rules upon which a roll call vote was taken and duly enacted an ordinance of the City of Bonners Ferry at a convened meeting of the Bonners Ferry City Council held on September 7, 2021. APPROVED by the Mayor on the 7th day of September, 2021. James R. Staples, Mayor ATTEST: Christine McNair, City Clerk BFH#10717/AD#484165 SEPTEMBER 16, 2021
STATE TIMBER SALE CR100456, CEDAR GAP A public oral auction will be conducted at the Idaho Department of Lands office, 4053 Cavanaugh Bay Road, Coolin, ID 83821, at 10:00 a.m. local time, on Thursday, September 30, 2021 for an estimated 1,700 MBF of timber marked or otherwise designated for cutting. In addition, there is an unestimated volume of forest products that may be removed at the option of the purchaser. Prior to bidding, eligible bidders shall present a certified check or bank draft payable to Treasurer, State of Idaho, or a bid bond acceptable to the State, in the amount of $126,723.15 which is 10% of the appraised net sale value of $1,267,231.50. The successful bidder's deposit will be forfeited to the State should the bidder fail to complete the contract. The State will not accept bids from parties who are delinquent on payments on existing state contracts. The average starting minimum bid price for Cedar is $1,284.50 per MBF and for Non-Cedar is $218.29. The sale is located within Section 35, Township 64N, Range 04W, and Sections 2, 26, 34, & 35, Township 63N, Range 04W, B.M., Bonner & Boundary Counties, State of Idaho. Sale duration is 3 years. The sale may include blowdown and/or insect and disease infected timber which may result in additional volume and recovery reductions. Interested purchasers should carefully examine the sale and make their own estimates as to volume recovery, surface conditions, and proposed construction prior to bidding on the sale. Additional information concerning the timber and conditions of sale is available to the public and interested bidders on the department's timber sale website at http://web.idl.idaho.gov/timbersale/Search.aspx or from the Idaho Department of Lands office, Coolin, Idaho. Please note purchaser insurance requirements posted on the timber sale website. The Department of Lands, as authorized by the State Board of Land Commissioners reserves the right to reject any and all bids provided that good and sufficient grounds for rejecting the bid shall be stated in the rejection notice and shall not be in violation of applicable law. If you are disabled and need some form of accommodation, please call (208) 443-2516 five days prior to the date of sale. For text telephone services, please call 1-800-377-3529. BFH#10710/AD#482160 SEPTEMBER 2,9,16,23,2021
PUBLIC NOTICE The following application(s) have been filed to appropriate the public waters of the State of Idaho: 98-8057 SARAH SCHROCK ANDY SCHROCK 122 DONICKER RD BONNERS FERRY, ID 83805-5787 Point of Diversion NWNW S33 T62N R02E BOUNDARY County Source UNNAMED STREAM Tributary SINKS Use: FIRE PROTECTION STORAGE 01/01 to 12/31 2.5 AF Use: IRRIGATION STORAGE 01/01 to 12/31 6 AF Use: IRRIGATION FROM STORAGE 04/01 to 10/31 6 AF Total Diversion: 8.5 AF Date Filed: 09-01-2021 Place Of Use: FIRE PROTECTION STORAGE, IRRIGATION FROM STORAGE ,IRRIGATION STORAGE T62N R02E S33 NWNW Total Acres: 2 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 10/4/2021. The protestant must also send a copy of the protest to the applicant. GARY SPACKMAN, Director BFH#10716/AD#484158 SEPTEMBER 16, 23, 2021
IMPORTANT WATER RIGHTS INFORMATION YOUR FILING DEADLINE IS: July 1, 2022 FAILURE TO FILE A REQUIRED NOTICE OF CLAIM WILL RESULT IN A DETERMINATION BY THE COURT THAT THE WATER RIGHT NO LONGER EXISTS. 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 Civil No. 00-69576 Rights to the Use of Water from the Clark Fork-Pend Oreille River Basins Water System. COMMENCEMENT NOTICE Property Owners within Boundary and Bonner Counties within IDWR's Administrative Basin 97 TO: ALL PERSONS OWNING RIGHTS TO THE USE OF WATER WITHIN THE CLARK FORK-PEND OREILLE RIVER BASINS WATER SYSTEM YOU ARE HEREBY NOTIFIED THAT: On June 15, 2021, the Fifth Judicial District Court in and for the County of Twin Falls issued an order commencing a general adjudication of water rights within the Clark Fork-Pend Oreille River Basins water system in Idaho. A general adjudication is a court case which will result in a decree determining all water rights within a water system. The purpose of the adjudication is to obtain an inventory of water rights to assure proper delivery of water in times of shortage and to provide certainty to property owners. The purpose of this notice is to inform you of the commencement of the adjudication and your legal responsibilities at this stage of the adjudication. GENERAL REQUIREMENT TO FILE A NOTICE OF CLAIM Idaho Code § 42-1409 requires that a Notice of Claim be filed for all water rights within the boundaries of the Clark Fork-Pend Oreille River Basins water system in the State of Idaho, except for certain water rights specifically excluded by law. "All water rights within the boundaries of the Clark Fork-Pend Oreille River Basin water system in the State of Idaho" includes rights to the use of water from any water source, including streams, any springs, lakes, ground water, developed water, waste water, or any other source. A map showing the boundaries of the water system is included at the end of this notice. The Notice of Claim must be filed with the Idaho Department of Water Resources ("IDWR"). A Notice of Claim must be filed for all water rights based upon state law by the deadline above, except for de minimis domestic and stockwater claims as described below. Water rights based upon state law include historic use rights (established by the diversion and application of water to a beneficial use), decreed rights, licensed rights, or water right permits if proof of beneficial use was filed on or before June 15, 2021. A Notice of Claim or negotiated agreement must be filed for all water rights based upon federal law by the deadline above, unless an alternative filing schedule is adopted by the Clark Fork-Pend Oreille River Basins Adjudication ("CFPRBA") District Court. DE MINIMIS (SMALL) DOMESTIC AND STOCKWATER CLAIMS Water users of a small domestic and/or stockwater ("D&S") right, as defined by Idaho Code §§ 42-111 & 42-1401A, may elect to file a Notice of Claim now or defer (postpone) the filing until a later time in this proceeding. The fee for filing a Notice of Claim with IDWR for a D&S water right at this time is $25. IDWR recommends filing a claim for a small D&S water right now and not deferring. The owner of a D&S water right who elects to defer the filing of a Notice of Claim until a later time will be required to have the water right adjudicated prior to the water right being distributed by a watermaster and/or before an application for change of the water right may be filed with IDWR. Water right holders who file a motion with the district court at a later date to have the water right adjudicated, will be required to pay their own cost of serving notice of the motion, advertising, and all costs incurred by IDWR for investigation and preparation of a report to be filed with the court, all of which will exceed the $25 filing fee. A claimant of a D&S water right will be bound by the terms of any decrees entered in this adjudication (including the limitation on D&S water rights that may be adjudicated at a later date) regardless of whether or not the claimant files a notice of claim for the D&S water right at this time. Claimants should be certain their water use qualifies for the deferral procedure for D&S claims before deciding not to file a notice of claim at this time. EXCEPTIONS TO GENERAL REQUIREMENT TO FILE NOTICE OF CLAIM A Notice of Claim is not required to be filed for water right permits for which proof of beneficial use was filed after June 15, 2021. The director of IDWR may, at a later date, require holders of such permits to file a Notice of Claim. If the director does issue such an order, the permit holder will be notified by mail. A Notice of Claim is not required for a water right that is still in the application for permit stage. A water user need not file a Notice of Claim where the water user is not the owner of the water right. A Notice of Claim is not required for any person who receives water solely by virtue of ownership of shares of stock in, or by being located within the boundary of a water delivery organization, if the water delivery organization holds legal title to the water right and if the water delivery organization files a Notice of Claim. Examples of water delivery organizations include, but are not limited to, cities, water utility districts or companies, and irrigation districts. FEES AND DEADLINES FOR FILING A NOTICE OF CLAIM Idaho Code § 42-1414 requires each person who files a Notice of Claim to pay a filing fee. Failure to pay the fee will result in the rejection of the Notice of Claim. The persons receiving this Notice have property within Boundary and Bonner Counties and within IDWR's Administrative Basin 97. The deadline for filing a Notice of Claim for water rights in your area is July 1, 2022. A Notice of Claim filed after this date may be accepted prior to the filing of the director's report with the court, but failure to file a Notice of Claim by the established deadline may result in the assessment of a late fee of $50.00 or 15% of the original filing fee, whichever is greater. Idaho Code § 42-1409A imposes substantial restrictions on the filing of amended or late Notices of Claim. NOTICE OF CLAIM FORMS AND INSTRUCTIONS A Notice of Claim must be filed online at www.idwr.idaho.gov or on forms provided by IDWR. When filing at an IDWR regional office please bring a description of the property with Township, Range, Section and Quarter-Quarters, or the county parcel number. Subdivision lot and block numbers are not sufficient. Claimants should always call the nearest regional office to make an appointment if help is needed in filling out a Notice of Claim. The Notice of Claim forms and instructions for completing and filing the forms are available online at www.idwr.idaho.gov or at the following locations: 1. IDWR, Northern Region, 7600 Mineral Dr., Suite 100, Coeur d'Alene, ID 83815; Phone: (208) 762-2800; 2. IDWR, Western Region, 2735 Airport Way, Boise, ID, 83705-5082; Phone: (208) 334-2190; 3. IDWR, Southern Region, 650 Addison Ave. W, Suite 500, Twin Falls, ID 83301-5858; Phone: (208) 736-3033; 4. IDWR, Eastern Region, 900 N. Skyline Dr., Suite A, Idaho Falls, ID 83402-1718; Phone: (208) 525-7161; 5. IDWR, State Office, 322 E. Front St., Boise, ID 83720-0098; Phone: (208) 287-4800; 6. IDWR, Salmon Field Office, 102 S. Warpath, Salmon, ID 83467-4435; Phone: (208) 742-0658. NOTICE TO IDWR OF CHANGE IN OWNERSHIP OR ADDRESS Idaho Code § 42-1409 requires all purchasers of a water right to inquire of IDWR whether a Notice of Claim has been filed. If a Notice of Claim has not been filed, the purchaser must file any required Notice of Claim, as described above. If a Notice of Claim has been filed, the purchaser must file with IDWR a written notice of the change in ownership along with sufficient evidence of ownership. ''Purchaser'' includes any person acquiring a water right from another water user, whether it is acquired by purchase, gift, inheritance, or any other means. Idaho Code § 42-1409 also requires all persons who have filed a Notice of Claim to file a written notice of any change in address with IDWR. FURTHER INFORMATION The files of the CFPRBA District Court will contain affidavits and other documents listing the persons served with copies of this notice. If you want information regarding Notice of Claims filed with IDWR in this adjudication, you may inquire at any IDWR office or online at www.idwr.idaho.gov. If you want information on other documents filed with the court in this adjudication, you may obtain a copy of the docket sheet from the CFPRBA District Court on their website at www.cfprba.idaho.gov, or at 253 3rd Avenue North, P.O. Box 2707, Twin Falls, Idaho 83303-2707. The docket sheet will be prepared each month, and will contain a summary of all documents filed with the court in the previous month, and the dates and locations of hearings set for the following three months. You can get a copy of a docket sheet for the cost of mailing and/or copying, or you can get a subscription to receive the docket sheet each month. The docket sheet will also be filed with the district court clerk for every county within the boundaries of the Clark Fork-Pend Oreille River Basins water system in Idaho. Gary Spackman, Director, Idaho Department of Water Resources Northern Idaho Adjudication Clark Fork-Pend Oreille River Basin Water System
NOTICE TO CREDITORS 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: CASE NO. CV11-21-0353 DENNIS SIENKIEWICZ, Deceased. NOTICE IS HEREBY GIVEN That the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the decedent or his estate are required to present their claims within four (4) months after the date of the first publication of this Notice, or within sixty (60) days after the undersigned mailed or delivered a copy of this Notice to Creditors to such person, whichever is later, or said claims will be forever barred. Claims must be presented to the undersigned at the address indicated herein, and filed with the Clerk of the Court at the Boundary County Courthouse in Bonners Ferry, Idaho. Dated this 23rd day of August, 2021. /S/ John R Douglas Attorney for Personal Representative BFH# 10712 AD#482937 SEPTEMBER 9, 16, 23, 2021
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 BOUNDARY IN RE: Bunny Hodgson CASE NO. CV11-21-357 A Petition to change the name of Bunny Hodgson, now residing in the City of Bonners Ferry, State of Idaho, has been filed in the District Court in Boundary County, Idaho. The name will change to Bunny Dyer. The reason for the change in name is: to restore petitioner to her maiden name. A hearing on the petition is scheduled for 10:30 o'clock a.m. on November 2, 2021, at the Boundary County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date: September 2, 2021 JIM BRANNON, CLERK OF THE DISTRICT COURT By: /S/: Sarah Byar Deputy Clerk LEGAL10715/ AD483185 SEPT 9, 16, 23, 30, 2021