8. ERROR CORRECTION PROCEDURE
This section is reserved.
9. SPECIAL MASTERS
a. The Presiding Judge may refer matters, including subcases, to a Special Master by an
Order of Reference pursuant to I.R.C.P. 53.
b. Subcases referred to a Special Master will proceed in accordance with the I.R.C.P. and
these Rules of Procedure. Each subcase shall proceed in the same manner as any court
case. Special Masters are exempt from the time requirements of I.R.C.P. 53(d)(1).
c. A Special Master shall file reports with the Presiding Judge on the matters submitted by
the Order of Reference and, if required, shall include findings of fact and conclusions
of law. I.R.C.P. 53(e)(1). Service shall be made on the parties to the subcases covered.
Notice of the filing of the Special Master's Recommendation shall be reported in the
Docket Sheet.
d. The form of water rights included in the Special Master's Recommendation will be
consistent with the Order of Reference. The grouping of water rights in the Special
Master's Recommendation is left to the discretion of the Special Master. No water right
claim which has not had full resolution of every element of the right shall be included in
a Special Master's Recommendation, unless the Special Master, simultaneously with the
filing of the report, certifies to the Presiding Judge that there has been an express
determination that there is no just reason for delay for submission to the Presiding Judge.
Notice of the filing of such certification shall be reported in the Docket Sheet.
e. Permissive Review - A Special Master or any party to the subcase may seek permissive
review by the Presiding Judge of the Special Master's interlocutory determination which
involves a controlling question of law as to which there are substantial grounds for
difference of opinion and on which immediate consideration of the determination may
advance the orderly resolution of the litigation following the procedures set forth in
I.A.R. 12. The Special Master shall review the motion and responses and recommend,
with findings, whether it should be granted or denied. The motion and the Special
Master's recommendation shall be forwarded to the Presiding Judge for determination.
10. PROCEDURE FOR WATER RIGHTS WHERE AN OBJECTION HAS BEEN FILED
a. When the first objection to a recommendation or abstract is filed, a subcase file shall be
opened and separately docketed on IWATRS. The water right number becomes the
subcase number. All subsequent filings for that water right, including objections and
responses, will be docketed under that subcase.
b. Subcases will generally be referred to a Special Master by an Order of Reference.
c. Unless otherwise ordered by the Presiding Judge or a Special Master, each subcase shall
proceed separately from other subcases or matters at issue in the SRBA.
d. No later than 30 days after the objection period has expired, IDWR shall file a case
management report with the court dividing each reporting area into Class One and Class
Two Subcases.
e. Scheduling
(1) Class One Subcases -
(a) At the end of the objection period, the court may hold an Initial Hearing for
each subcase. At the Initial Hearing, each claimant and/or objector shall be
given an opportunity to meet with IDWR in an attempt to reconcile the
difference between the Director's Report, the claim and the objection(s) for
each subcase. If the objection(s) cannot be reconciled, the court shall set the
matter for trial. The claimant and objecting party, if any, must be present at
the Initial Hearing.
(b) The trial should be held within 45 days of the Initial Hearing unless otherwise
ordered by the Special Master.
(2) Class Two Subcases - At the end of the objection period, the court shall hold a
Scheduling Conference under I.R.C.P. 16(b). These subcases shall proceed under
the court's scheduling or pre-trial order.
(3) Discretion of the Presiding Judge or Special Master - On motion of any party to the
subcase or as ordered by the Presiding Judge or Special Master, a subcase may be
reclassified and proceed accordingly.
f. Amendment of Claims
(1) Class One Subcases - Absent leave of court, claims shall be amended at or before
the Initial Hearing except for the name and address of the claimant which may be
amended at any time.
(2) Class Two Subcases - Absent leave of court, claims shall be amended no later than
14 days after the Scheduling Conference except for the name and address of the
claimant which may be amended at any time.
(3) IDWR investigation of amended claim - The court may request that IDWR prepare
an Amended Director's Report for any amended claim, including claims amended
at trial to conform to the evidence. The claimant may be ordered to pay all
necessary costs associated with investigating and reporting the amended claim.
g. IDWR Involvement
(1) Class One Subcases - Except where a party calls a representative of IDWR as its
own witness, the role of IDWR will be limited to presenting geographic information
(GIS) in the form of an illustration depicting the place of use and point of diversion.
IDWR may also provide any documents such as permits, licenses, decrees or
transfers which may be relevant to a claim. A party calling IDWR as its own
witness must notify IDWR, in writing, 7 days prior to trial.
(2) Class Two Subcases -
(a) Within 14 days following the Scheduling Conference, IDWR shall serve on
each party an affidavit setting forth the factual basis of IDWR's
recommendation on the disputed element(s). IDWR shall file the affidavit with
the court. The court may consider the affidavit for any pre-trial matter or in
lieu of any direct testimony by the IDWR affiant at trial.
(b) IDWR must be notified, in writing, at or before the pre-trial conference, should
any party choose to cross-examine the IDWR affiant or call a witness from
IDWR at trial.
(3) Discretion of the Presiding Judge or Special Master - Nothing herein shall prevent
the Presiding Judge or Special Master from calling a representative of IDWR as its
own witness consistent with I.R.E. 706 or 614 for Class One or Class Two
Subcases.
h. Service of documents in a subcase need be made only on parties to the subcase and
IDWR. When a document is filed in a subcase, the Docket Sheet Procedure is not
required to be followed, except for: motions and notices of hearings to designate
basin-wide issues; proceedings on basin-wide issues; Special Master's
Recommendations; notices of challenge to a Special Master's Recommendation; motions
and notices of hearings for entry of partial decrees; proceedings by the Presiding Judge
on decrees; motions or orders for I.R.C.P. 54(b) certification or permissive review;
notices of appeal; and any other matter ordered by the court to follow the Docket Sheet
Procedure.
i. The Director of IDWR or a representative shall attend all hearings in contested subcases
to serve as a disinterested, nonparty fact witness consistent with the I.R.C.P. and as
directed by the Presiding Judge or Special Master.
j. When a Motion to File a Late Objection is filed to a previously "unobjected-to"
recommendation or abstract:
(1) The motion shall be reported in the Docket Sheet; and
(2) A hearing on the motion shall be scheduled by the Special Master assigned to that
reporting area and notice of the hearing shall be reported in the Docket Sheet.
k. Any party to the adjudication who is not a party to a subcase may seek leave to
participate in a subcase by filing a timely Motion to Participate. A Motion to Participate
shall be treated like a motion to intervene under I.R.C.P. 24 and shall be decided by the
Presiding Judge or the assigned Special Master. A party to the adjudication who does
not file an objection, a response or a timely Motion to Participate waives the right to be
a party to the subcase and to receive notice of further proceedings before the Special
Master, except for Motions to Alter or Amend.
l. Resetting Subcase Hearing Dates - All hearing dates will be set by the SRBA Court.
Any party to the SRBA who requests that a hearing be reset shall comply with the
following requirements at least 21 days prior to the scheduled hearing:
(1) Contact the Clerk of the SRBA Court to obtain alternative dates and times;
(2) Contact each party to the subcase(s) or their attorney, if any, and reach an
agreement on an alternative date and time provided by the clerk; and
(3) Prepare and file with the court a Stipulation to Reset the hearing. The hearing must
be reset on one of the dates and times provided by the clerk or it will not be
accepted for filing. The stipulation must specify the agreed upon date and time and
must contain a statement that the party moving to reset the hearing has contacted
each party or their attorney and that all have agreed on the alternate date and time.
If granted, the court will send a notice resetting the hearing.
(4) If the parties cannot reach agreement, the party wishing to change the date and time
must file an Expedited Motion to Reset at least 14 days prior to the scheduled
hearing.
m. Participation in Hearings by Telephone - Permission to participate in a hearing by
telephone must be given in advance by the Presiding Judge or Special Master.
(1) Telephone participation will not be allowed in summary judgment hearings or trials.
(2) Telephone participation in settlement conferences, scheduling conferences and other
hearings is discouraged and only allowed with leave of the court.
(3) No oral testimony will be allowed by telephone.
(4) For hearings before the Presiding Judge, the first person to request participation by
telephone will be responsible for initiating the call to the court and for making
certain all parties are connected.
(5) For hearings before the Special Masters:
(a) The order/notice setting the hearing will state if telephone participation is
allowed.
(b) The parties must decide among themselves who will initiate the call.
(c) The Clerk of the SRBA Court must be notified at least 24 hours prior to the
hearing as to who will be participating by telephone and who will be initiating
the call.
(6) Place your call to the court at least 5 minutes prior to the scheduled start of your
hearing. No hearing will be delayed or interrupted because of telephone
participation. If you have not called by the time the Presiding Judge or Special
Master is ready to begin, your call will not be connected to the courtroom.
(7) When initiating a call to the court which involves more than one party from different
locations, you must use the services of a teleconference operator. Do not use your
telephone system conference call feature. (Check with your telephone service or
long-distance provider.)
(8) Speaker phones are not recommended. Many times there is too much background
noise or the signal is too weak to be transmitted clearly in the courtroom.
n. If all parties to a subcase stipulate to the dismissal of any objection to a water right
recommendation, a Stipulation for Dismissal of Objection shall be filed; and, if accepted,
the dismissal shall be with prejudice.
o. If all parties to a subcase stipulate to all elements of one water right, a Standard Form 5
may be submitted at any time following the close of the statutory response period.
p. If a party must correspond with the SRBA Court, the party shall identify the subcase
involved and must include a statement that all parties to the subcase have been sent a
copy of the correspondence and any attachments. If these procedures are not followed,
the correspondence will not be accepted by the court.
11. CONSOLIDATION OR SEPARATION OF SUBCASES AND ISSUES
Any matter at issue in any proceeding in the adjudication, including portions of or entire
subcases, may be consolidated with or separated from any other matter at issue in the
adjudication. Any party to a subcase may move for consolidation or separation of claims or
issues. The Presiding Judge or Special Master may order consolidation or separation on the
basis of such motion or on their own. I.R.C.P. 42. If a motion to consolidate concerns
issues from subcases which are all before the same Special Master, it shall be served only
on parties to those subcases and shall be decided by the Special Master. If such a motion
concerns basin-wide issues or issues from subcases which are not all before the same Special
Master, it shall be served on all parties to those subcases, noticed through the Docket Sheet
Procedure and decided by the Presiding Judge or a Special Master by Special Order of
Reference.
NOTE: A motion to consolidate subcases is appropriate in situations where common
issues of law or fact present themselves in more than one subcase and
resolution of those issues can be most expeditiously and effectively achieved
through presentation to the Presiding Judge or a Special Master in consoli-
dated hearings.
12. SETTLEMENT CONFERENCES
Settlement conferences may be held at the discretion of the court. Such conferences
shall be held in conformance with any pre-trial or scheduling order issued by the court.
Parties and their attorney(s) of record must be personally present. No one may attend
by proxy or by telephone. Each party is required to be present with the individual(s)
possessing full settlement authority on every aspect of the contested subcase.
13. PROCEEDINGS ON A SPECIAL MASTER'S RECOMMENDATION
a. The Special Master shall prepare and file with the court a Special Master's
Recommendation which shall be served on the parties to the subcase and notice of its
entry shall be reported in the Docket Sheet. Any party to the adjudication, including
parties to the subcase, may file a Motion to Alter or Amend within 21 days from the date
the Special Master's Recommendation appears on the Docket Sheet. Any party to the
adjudication not already a party to the subcase may respond to a Motion to Alter or
Amend by filing a Notice of Participation which shall set forth the party's name; the
water right number; the name, address and telephone number of the attorney; and a short
statement of the party's position on the issues presented in the Motion to Alter or Amend.
Failure of any party in the adjudication to pursue or participate in a Motion to Alter
or Amend the Special Master's Recommendation shall constitute a waiver of the right
to challenge it before the Presiding Judge. This waiver shall also apply to further
proceedings in the subcase if remanded back to the Special Master.
b. Where a Motion to Alter or Amend is filed in a subcase, notice will be reported in the
Docket Sheet and the motion will be decided by the Special Master with or without
hearing. No second Motion to Alter or Amend may be filed on the decision granting or
denying a Motion to Alter or Amend.
c. Any party who first filed or participated in a Motion to Alter or Amend before the Special
Master may file a Notice of Challenge to the decision on a Motion to Alter or Amend.
A Notice of Challenge shall be filed within 14 days following the date of the filing of the
decision on a Motion to Alter or Amend. The Notice of Challenge shall include a detailed
statement of the issue(s) and a detailed description, including hearing dates and times,
of any transcript(s) requested. Once raised and detailed, the issue(s) on challenge may
not be amended to include additional issue(s) not specifically identified in the Notice of
Challenge except on motion and leave of court. The Notice of Challenge shall be
reported in the Docket Sheet and shall be served on all parties to the subcase(s)
challenged, the SRBA court reporter and the parties listed in Section 6e(2).
d. If a transcript is requested in a Notice of Challenge, the party filing the Notice of
Challenge must contact the court reporter for an estimate of the cost for preparation of
the transcript. The estimated fee must accompany the Notice of Challenge.
(1) The transcript shall be lodged with the court within 35 days following the deadline
for filing a Notice of Challenge.
(2) There will be no time for settlement of the transcript. If the transcript is incomplete
or erroneous, the requesting party may file the appropriate motion to correct the
transcript.
(3) One copy of the transcript shall be served on the challenger and the opposing party.
When multiple parties are involved, the parties are required to submit a stipulation
to the court stating which parties are to receive the transcript copies.
e. At the close of the time period for filing a Notice of Challenge, the court will issue a
scheduling order. Unless otherwise ordered, the following schedule for briefing and oral
argument shall be set:
(1) Opening briefs shall be filed simultaneously within 21 days following the deadline
for filing Notice of Challenge. If a reporter's transcript is requested, opening briefs
shall be filed simultaneously within 21 days following lodging of the transcript.
Briefs shall be limited to 25 pages and shall be served on the parties to the subcase
and any party filing a Notice of Challenge.
(2) Rebuttal briefs shall be filed within 14 days after the deadline for filing responsive
briefs. Rebuttal briefs shall be limited to 25 pages and shall be served on the parties
to the subcase and any party filing a Notice of Challenge.
(3) All parties lodging briefs in response to a Notice of Challenge are required to submit
an original and one copy to the court.
(4) Oral argument on a challenge to a Special Master's Recommendation shall be held
not earlier than 7 days after the deadline for filing rebuttal briefs. Only those parties
filing briefs will be allowed oral argument and each party will be limited to
30 minutes.
f. The court shall accept the Special Master's findings of fact unless clearly erroneous. The
court may, in whole or in part, adopt, modify, reject, receive further evidence, or
remand it with instructions. I.R.C.P. 53(e)(2).
14. ENTRY OF PARTIAL DECREES
a. The Presiding Judge shall enter a partial decree for uncontested water rights or any water
right not referred to a Special Master by an Order of Reference.
b. Following review of a Special Master's Recommendation and the resolution of any
challenges, the Presiding Judge shall enter a partial decree. The partial decree shall be
served only on parties to the subcase and notice of its entry shall be reported in the
Docket Sheet. A certified copy of the partial decree shall be served on IDWR in
compliance with I.C. 42-1403 and 42-1412(6).
c. The form of the partial decrees and the maintenance of partial decrees as the sole legal
record of title to the water right shall be decided by the Presiding Judge.
d. Parties seeking to modify a partial decree shall comply with I.R.C.P. 60(a) or 60(b).
Partial decrees are final judgments and cannot be modified by an administrative
proceeding except as provided in I.C. 42-222.
15. APPEALS FROM PARTIAL DECREES
a. Appeals from a partial decree by a party to a subcase may be brought pursuant to
I.R.C.P. 54(b) or I.A.R. 12.
b. Motions and proceedings for certification of a judgment as final shall follow motion
practice rules.
16. BASIN-WIDE ISSUES
a. Designation -
(1) Any party to the adjudication may file a Motion to Designate Basin-Wide Issue if
that party believes an issue materially affects a large number of parties to the
adjudication. The motion to designate shall be decided by the Presiding Judge or
a Special Master by Special Order of Reference. A motion to designate shall state:
(a) The issue, in 20 words or less;
(b) Why the issue is broadly significant and is better resolved as a basin-wide issue;
(c) The need for its early resolution;
(d) The type of right(s) affected by the issue; and
(e) A description of how those rights will be affected.
(2) The Presiding Judge may enter a Notice of Intent to Designate Basin-Wide Issue.
(3) Unless otherwise ordered, a motion or notice of intent to designate shall follow the
Docket Sheet Procedure.
(4) Any party to the adjudication may respond to a motion or notice of intent to
designate. The response shall be served on the movant, if any, and the parties listed
in Section 6e(2) or, if being heard on an expedited basis, to the addresses on the
Court Certificate of Mailing for Expedited Hearings which is available from the
Clerk of the SRBA Court.
(5) A motion or notice of intent to designate may be filed at any time after the filing of
a Director's Report which raises the issues that are the subject of the motion. The
motion shall not be heard until after the objection and response periods to the
Director's Report have run.
(6) On receipt of a motion or notice of intent to designate, the Clerk of the Court shall
assign a separate subcase number to the basin-wide issue. This new subcase file
number shall be included on all documents filed in the basin-wide issue and all
entries reported on the Docket Sheet.
(7) When basin-wide issues are designated by the Presiding Judge, hearings may be
expedited, and all parties to the adjudication will be given notice of proceedings
through the Docket Sheet Procedure.
b. Service -
(1) When the Presiding Judge issues an Order Designating Basin-Wide Issue, a
separate certificate of mailing shall be created for each basin-wide issue. This
basin-wide issue certificate of mailing will consist of the parties who filed the
motion to designate or a response thereto, a response to the notice of intent or a
brief in response to the order designating. Parties to the adjudication may also
become parties to the basin-wide issue by filing a Notice of Intent to Participate no
later than 30 days after publication of the order designating in the Docket Sheet or
within the time specified on the order designating.
(2) Any pleading filed in the basin-wide issue shall be served on the parties listed on the
basin-wide issue certificate of mailing. Parties to the adjudication will be given
notice of further proceedings through the Docket Sheet.
(3) Only those parties listed on the basin-wide issue certificate of mailing will be
permitted to file pleadings or participate in oral argument on the basin-wide issue.
c. Proceedings on Basin-Wide Issues to be Heard by the Presiding Judge - A basin-wide issue will proceed as specified in the order designating, which will state the briefing
schedule and the date for oral argument. Once the hearing has been held, the Presiding
Judge will issue a memorandum decision.
d. Proceedings on Basin-Wide Issues Assigned to a Special Master -
(1) A basin-wide issue, once designated, may be assigned by the Presiding Judge to a
Special Master by a Special Order of Reference. The Special Master shall:
(a) Issue a scheduling order stating the briefing schedule and the date for oral
argument and
(b) After hearing, file a Special Master's Recommendation with the Presiding
Judge.
(2) Challenges to a Special Master's Recommendation on a Basin-Wide Issue - Any
party to the basin-wide issue may file a Notice of Challenge within 30 days after the
issuance of the Special Master's Recommendation. When a challenge has been
filed, the Presiding Judge shall issue a scheduling order setting a briefing schedule
and the date for oral argument.
17. IDWR ADMINISTRATIVE PROCEEDINGS TO CHANGE REPORTED WATER
RIGHTS
a. In a reporting area where a Director's Report has not been filed or where a partial
decree has been issued, a claimant requesting an administrative change to their water
right claim(s) must contact IDWR. Notice to the SRBA Court is not required.
b. In a reporting area where a Director's Report has been filed and prior to the issuance of
the partial decree, claimants seeking to change their address or the ownership of a water
right claim shall follow the procedures outlined under subsections (1) and (2) below.
Claimants seeking to change point of diversion, place of use and period of use shall
follow the procedures outlined under subsection (3).
(1) Change of Address, Change of Ownership (Idaho Code 42-248 and
42-1409(6)) - Unless the court orders otherwise, water right claimants are required
to notify IDWR of any change of address or ownership. When notified of such a
change, IDWR shall file with the court a Notice of Completed Administrative
Proceeding and shall attach a copy of the Amended Director's Report reflecting the
change of address or ownership.
(2) Split Water Rights - Unless the court orders otherwise, when notice is given to
IDWR for a change in ownership of a water right proposing to split a water right,
IDWR shall immediately notify the court by submitting a Notice of Administrative
Proceeding. Upon receipt of the Notice of Administrative Proceeding, the court may
stay SRBA proceedings for that water right during the pendency of the
administrative proceeding. Once the administrative proceeding is complete and all
appeal times have run, IDWR shall file with the court a Notice of Completed
Administrative Proceeding with an attached Amended Director's Report reflecting
the division or split that has occurred. IDWR must also attach a copy of an
Amended Director's Report for any and all overlapping water right claims. This
procedure cannot be used to accomplish an enlargement as provided by
I.C. 42-1425, 1426 or 1427.
(3) Other Changes - Period/Place/Purpose of Use/Nature of Use and Point of
Diversion Proceedings Under I.C. 42-222 - Claimants seeking a change in their
claimed water right under I.C. 42-222 shall contact IDWR. When an application
is made with IDWR for a change pursuant to I.C. 42-222 for a water right which
has been reported in a Director's Report but where a partial decree has not been
entered, IDWR shall immediately notify the court by submitting a Notice of
Administrative Proceeding stating the type of change sought. Upon receipt of the
Notice of Administrative Proceeding, the court may stay SRBA proceedings for that
water right during the pendency of the administrative proceeding. Once the
administrative proceeding is complete and all appeal times have run, IDWR shall
submit a Notice of Completed Administrative Proceeding with an attached Amended
Director's Report which shall report all administrative changes made pursuant to
I.C. 42-222. IDWR shall include Amended Director's Reports for any and all
overlapping water right claims.
c. Amended Director's Reports shall be docketed in the subcases indicating the type of
amendment made and will be reported in the Docket Sheet. Any party wishing to file
an objection to an Amended Director's Report may do so by filing a Motion to File a
Late Objection within 21 days following the notice of filing the Amended Director's
Report in the Docket Sheet.
18. COURT INFORMATION FOR THE PUBLIC AND PARTIES
The IWATRS computerized register of actions (ROA) is available to the parties to the
adjudication and the public. The SRBA Court's home page and electronic records can be
accessed via the Internet at URL: www.srba.state.id.us.
ATTACHMENTS
Court Standard Forms
Return to AO1 Table of Contents
Return to SRBA Home Page