Legals for February, 10 2022
City of Bonners Ferry Boundary County, Idaho Sewer Lift Station Procurement Advertisement to Bid Separate sealed BIDS for the Sewer Lift Station Procurement will be received by the City of Bonners Ferry at 7232 Main St., Bonners Ferry, ID 83805, until 3:00 PM local time on February 25, 2022 and then be publicly opened and read aloud at Bonners Ferry City Hall. This procurement involves providing and delivering a concrete packaged sewer lift station to the city of Bonners Ferry The Contract Documents may be obtained at 7232 Main St., Bonners Ferry, ID 83805, and may also be obtained electronically by request to the City Engineer by email at mklaus@bonnersferry.id.gov. All bids must be signed and must be accompanied by Bid Security in the form of a bid bond, certified check, cashier's check or cash in the amount of 5% of the amount of the bid proposal. Said bid security shall be forfeited to the City of Bonners Ferry as liquidated damages should the successful bidder fail to enter into contract in accordance with their proposal as specified in the Instructions to Bidders. The City of Bonners Ferry reserves the right to reject any or all proposals, waive any nonmaterial irregularities in the bids received, and to accept the proposal deemed most advantageous to the best interest of the City of Bonners Ferry. Questions during the bid period should be directed to Mike Klaus, PE, at 208-267-0357. BFH10794/AD#514144 FEBRUARY 10, 17, 2022
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 IN THE MATTER OF THE ESTATE OF ROBERT T. DUGGINS, Deceased. Case No. CV11-22-0043 NOTICE IS HEREBY GIVEN that Debra Cloinger have been appointed co-personal representatives of the above-named decedent. All persons having claims against the decedent or the estate are required to present their claims within four months after the date of the first publication of this Notice or within 60 days after the undersigned mailed or delivered a copy of this Notice to such persons, whichever is later, or said claims will be forever barred. Claims must be presented to the undersigned at the address indicated and filed with the Clerk of the Court. DATED this 3rd day of February, 2022. /s/ Katherine Elsaesser ELSAESSER ANDERSON, CHTD. 519 High Street P.O. Box 369 Priest River, ID 83856 Phone: (208) 448-2990 Fax: (208) 448-2990 BFH#10793/AD#513918 FEBRUARY 10, 17, 24, 2022
The following application(s) have been filed to appropriate the public waters of the State of Idaho: 98-8067 LARRY DUSCHER 293 FIRESIDE RD BONNERS FERRY, ID 83805-2900 Point of Diversion NESE S12 T62N R01E BOUNDARY County Source GROUND WATER Use: DOMESTIC 1 /1 to 12/31 Total Diversion: 0.08 CFS Date Filed: 11-22-2021 Place Of Use: DOMESTIC T62N R01E S12 NESE,NWSE 98-8070 JOSH EVONIUK MALLORIE EVONIUK 93 HUMBOLDT DR BONNERS FERRY, ID 83805-1089 Point of Diversion L2(SWNW) S30 T63N R02E BOUNDARY County Source GROUND WATER Use: DOMESTIC 1 /1 to 12/31 Total Diversion: 0.02 CFS Date Filed: 11-24-2021 Place Of Use: DOMESTIC T63N R01E S25 NENE,SENE Place Of Use: DOMESTIC T63N R02E S30 L1(NWNW),L2(SWNW) 98-8071 VERA KENNEDY 157 CLOVER LANE NAPLES, ID 83847 Point of Diversion L5(SWNW) S6 T60N R01E BOUNDARY County Source GROUND WATER Use: DOMESTIC 1 /1 to 12/31 Total Diversion: 0.04 CFS Date Filed: 12-16-2021 Place Of Use: DOMESTIC T60N R01E S6 L5(SWNW) 98-8075 JED CLARK 10267 W HIDDEN VALLEY RD RATHDRUM, ID 83858 Point of Diversion SESW S12 T61N R01E BOUNDARY County Source GROUND WATER Use: DOMESTIC 01/01 to 12/31 Total Diversion: 0.04 CFS Date Filed: 01-20-2022 Place Of Use: DOMESTIC T61N R01E S12 SESW 98-8076 JOHN POCOCK PO BOX 447 DAYTON, NV 89403-0447 Point of Diversion SWSE S8 T65N R01W BOUNDARY County Source GROUND WATER Use: STOCKWATER 01/01 to 12/31 0.02 CFS Use: IRRIGATION 04/01 to 10/31 0.12 CFS Use: DOMESTIC 01/01 to 12/31 0.06 CFS Total Diversion: 0.2 CFS Date Filed: 01-21-2022 Place Of Use: DOMESTIC,IRRIGATION, STOCKWATER T65N R01W S8 SWSE Total Acres: 4 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 2/22/2022. The protestant must also send a copy of the protest to the applicant. GARY SPACKMAN, Director BFH#10789/AD#511566 FEBRUARY 3, 10, 2022
IMPORTANT WATER RIGHTS INFORMATION YOUR FILING DEADLINE IS: September 2, 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 COMMENCEMENT Basins Water System. NOTICE Property Owners within Boundary and Bonner Counties within IDWR's Administrative Basin 96 _______________________________ 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 ensure proper delivery of water in times of shortage and to ensure certainty of water right ownership 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. For all water rights based upon federal law, a Notice of Claim or negotiated agreement must be filed 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. Although a deadline for filing claims for "deferrable" D&S water rights has not been set, the opportunity to defer filing is not indefinite. At some time in the future, the court will establish a filing deadline for small D&S water rights. 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. In times of water shortage, water is delivered to water right holders by a watermaster. Watermasters deliver water as authorized by (1) a water right decreed by a court or by a water right approved by IDWR. The owner of a D&S water right which has not been established through a license or decree, 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 96. The deadline for filing a Notice of Claim for water rights in your area is September 2, 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 schedule 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 83815-7763; 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 OF HEARING IN THE DISTRICT COURT OF THE 1ST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BOUNDARY IN THE MATTER OF THE ESTATE OF JUDITH LYNN MACE, DECEASED CAUSE NO. CV 11-21-510 NOTICE IS HEREBY GIVEN that on the 8th day of March 2022 at 10:30 a.m. or as soon thereafter as possible, a hearing will be held on the APPLICATION FOR INFORMAL PROBATE AND PERSONAL REPRESENTATIVE presented by SCOTT ARTHUR MACE before the Honorable Magistrate Justin W. Julian via Zoom Video Conference (Zoom information to be provided by the Court). /s/ Scott A. Mace BFH#10784/AD#509975 JANUARY 27, FEBRUARY 3, 10, 17, 2022