20250714Ex L Dec of V Williams.pdf

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DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41 D041 Electronically Filed
5/22/2024 12:51 PM
First Judicial District, Bonner County
Michael W.Rosedale,Clerk of the Court
By:LeeAnn Kopsa,Deputy Clerk
FEATHERSTON LAW FIRM, CHTD.
BRENT C. FEATHERSTON, ISB NO. 4602
Attorneys at Law
113 South Second Avenue
Sandpoint, ID 83864
[phone]
[phone] (Fax)
[e-mail]
Attorneys for Intervenor Bear Claw
IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER
JAY WHITE and JUDITH HOAGLUND CASE NO.: CV09-23-0072
ALLREAD,
Plaintiffs, DECLARATION OF
VERA WILLIAMS
V.
U.S. BANK,
Defendant.
THE BEAR CLAW SUBDIVISION
HOME OWNERS ASSOCIATION, INC.,
an Idaho corporation,
Intervenor.
I,VERA WILLIAMS, declare under penalty of perjury pursuant to the law of the State
of Idaho that the following is true and correct:
1. I am over 18 years of age and have personal knowledge of the matters set forth
herein and if called to testify can competently testify upon my firsthand knowledge as to the
FFaU ER TON LAW FIRKCKm
Arrortders AT Ww
facts set forth below.
Daniel P.Featherston**
Brent C.Featherston*
Jeremy P.Featherston 2. 1 am Secretary of The Bear Claw Subdivision Property Owners Association,
113 S.second Ave. Inc. As such, I am familiar with the records of the Association, the historical records of Jim
Sandpoint,ID 83864
Phone[phone]
Fax[phone]
*Licensed in Idaho&Washington DECLARATION OF VERA WILLIAMS-1
**of Counsel

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DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41 D041
White's development of the subdivision and the records pertaining to The Bear Claw water
system, which was shared by Jim White to service the subdivision and is under the control of
the Petitioner,U.S. Bank,N.A., and/or the Jim White Trust.
3. I make the following Declaration based upon my knowledge as officer of the
Association evidenced by the Annual Report filed with the State attached hereto and
incorporated herein as Exhibit"B-1".
4. Attached hereto and incorporated herein by reference as Exhibit "A" is a true
and accurate copy of the Bear Claw Subdivision which contains a total of forty-four(44) lots.
These lots adjoin U.S. Highway 200 and are accessed by Bear Claw Road,which is shown on
page 2 of 5 of Exhibit"A". Immediately to the left of the entrance of Bear Claw Road is what
is known as the well lot,Lot 22. The well lot contains a wellhead and pumps and water system
pumping up Bear Claw Road in a system of pipes that serve the lots and terminate at the top of
Bear Claw Road adjacent to U.S. Forest Service boundary where a storage tank is located.
5. Attached hereto and incorporated herein by reference as Exhibit `B-l" is the
Annual Report of the HOA and Exhibit "B-2" is a true and accurate copy of the Articles of
Incorporation of The Bear Claw Subdivision corporation of which I am currently Secretary.
The HOA member lots are served by the Bear Claw Water System consisting of well and pump
on the well lot and holding tank at the top of Bear Claw Road.
6. Attached hereto and incorporated herein by reference as Exhibit "C" is a true
and accurate copy of records that the Association has obtained of the historical development of
MU ERMN LAW FMKC[rtu Bear Claw Water System that serves the members of that Association. Those historical records
ATTORNEYs AT law
Daniel P.Featherston** include a letter dated June 13, 1996,from the State of Idaho Division of Environmental Quality
Brent C.Featherston*
Jeremy P.Featherston
and Mr. White's response from June 20, 1996, which are attached hereto and incorporated
113 S.Second Ave.
Sandpoint,ID 83864 herein by reference by Exhibit"C".
Phone[phone]
Fax[phone]
*Licensed in Idaho&Washington DECLARATION OF VERA WILLIAMS-2
**of Counsel

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DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41 D041
7. Also attached hereto and incorporated herein by reference as Exhibit "D" is a
true and accurate copy of correspondence from the State of Idaho Department of Environmental
Quality dated January 6, 2022, directed to The Bear Claw Subdivision.
8. Attached hereto and incorporated herein by reference as Exhibit "E" is a true
and accurate copy of the Idaho Department of Water Resources Notice addressed to the
Association, P.O. Box 457, Clark Fork on record with the State as seen in Exhibit `B-1",
Annual Report.To preserve the Bear Claw water rights,the Association's officers and directors
have filed a Notice of Claim by the May 17th deadline.
9. Attached hereto and incorporated herein by reference as Exhibit "F" are
excerpts of the Idaho Department of Water Resource("IDWR")water permit file.
10. The Association often receives contact from title/escrow companies asking
about water assessments on Bear Claim lots being sold. We refer these to U.S.Bank as trustee.
The Association also receives contact from lot owners wanting to know how to connect to the
Water System. We refer these calls to the Trustee,U.S. Bank, as well.
11. Although we have requested it from U.S.Bank,the Association has no financial
records of the Water System nor information on if members are current or not on water
payments. The Association has no financial records of Bear Claw Water System, LLC
specifically or any other account or entity used to operate the Water System.
12. The Association officers and Directors receive reports from members, and
personally have observed, a loss of water pressure in the water system. The Officers and
FATHERMN LAW FMKC[rtu Directors of the Association are involved in monitoring the system, including checking the
ATTopwys AT IAW
Daniel P.Featherston** functioning of pumps and the storage tank with an individual who is paid (we believe by the
Brent C.Featherston*
Jeremy P.Featherston
Trustee)to test the water quality of the Water System.
113 S.Second Ave.
Sandpoint,ID 83864
Phone[phone]
Fax[phone]
*Licensed in Idaho&Washington DECLARATION OF VERA WILLIAMS-3
**of Counsel

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DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41 D041
13. By default due to proximity, the Association has acted as a sort of"on-site
manager or overseer"of the Water System because it benefits the Association's membership to
keep tabs on whether the System is functioning and providing safe,potable water to the homes
in the Subdivision served by it and because the Trustee is not in proximity to the System and
its users in the Association. However, the Association is not in a position to control the Water
System, direct the improvements or upgrades or to even know what financial condition the
Water System is in to perform those tasks. For these reasons, it is in the Association
membership's interests if the Court will direct immediate improvements of the system required
by the State of Idaho,before distribution of the assets.
I certify(or declare)under penalty of perjury pursuant to the laws of the State of Idaho
that the foregoing is true and correct.
5/22/2024
DATED
THE BEAR CLAW SUBDIVISION
PROPERTY OWNERS ASSOCIATION, INC.
�D,,o^^cu••S iggn^e\d/`by: R_�_
�vvA , vV fir"'
By BOE1A503ABO143C...
VERA WILLIAMS
Its: Secretary
RAMRbTON LAW FMKCHra
ATTORNEYs AT law
Daniel P.Featherston**
Brent C.Featherston*
Jeremy P.Featherston
113 S.Second Ave.
Sandpoint,ID 83864
Phone[phone]
Fax[phone]
*Licensed in Idaho&Washington DECLARATION OF VERA WILLIAMS-4
**of Counsel

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DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41 D041
CERTIFICATE OF MAILING
I hereby certify that on the 22nd day of May, 2024, I caused a true and correct copy
of the foregoing document to be served upon the following person(s) in the following
manner:
M. Gregory Embrey, Esq. Via iCourt:
HAWLEY TROXELL ENNIS & HAWLEY LLP gembrey&hawleytroxell.com
608 Northwest Boulevard, Suite 300
Coeur d'Alene, ID 83814
[Attorney for Defendant/Petitioner]
Peter J. Smith, Esq. Via iCourt:
SMITH +MALEK, PLLC service&smithmalek.com
601 E. Front Avenue, Suite 304
Coeur d'Alene, ID 83814
[Attorney for Plaintiff Jay E. White]
Michael D. Whipple, Esq. Via iCourt:
THE WHIPPLE LAW GROUP, PLLC whipplekwhiplawgroup.com
309 E. Pacific Ave.
Spokane, WA 99202
[Attorney for Plaintiff Judith Hoaglund Allread]
Randy Hoaglund via U.S. Mail
217 W. Spokane Falls Blvd., Apt. 810
Spokane, WA 99201
Kathy Tomayko Via U.S. Mail
4814 N. Belt
Spokane, WA 99205
Via U.S. Mail
Gary Hoaglund
P.O. Box 396
Clark Fork, ID 83811
FECWR SON LAW FmKofm
ATTopwys AT IAW
By
Daniel P.Featherston**
Brent C.Featherston*
Jeremy P.Featherston
113 S.Second Ave.
Sandpoint,ID 83864
Phone[phone]
Fax[phone]
*Licensed in Idaho&Washington DECLARATION OF VERA WILLIAMS-5
**of Counsel

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0005459277 I
QC
SAT 8 t STATE OF IDAHO For Office use Only ON
Office of the secretary of state, Phil McGrane
y o ANNUAL REPORT -FILED-
Idaho Secretaryof State
File#:0005459277
4 PO Box 83720
Boise,ID 83720-0080
[phone] Date Filed: 11/3/2023 1:15:07 PM C
Filing Fee:$0.00 t
C
l�
Entity Name and Mailing Address:
Entity Name: BEAR CLAW SUBDIVISION PROPERTY OWNERS
ASSOCIATION,INC (THE)
The file number of this entity on the records of the Idaho 0000548320 ~'
Secretary of State is: Cr
Address PO BOX 457 ITJ
CLARK FORK, ID 83811-0457
Entity Details: �0
(D
Entity Status Active-Good Standing n
This entity is organized under the laws of: IDAHO N
N•
If applicable, the old file number of this entity on the records of C181318 (Dthe Idaho Secretary of State was:
The registered agent on record is:
Registered Agent Vera Williams ke
Registered Agent
Physical Address O
t-h
762 BEAR CLAW RD t--h
CLARK FORK, ID 83811 n•
Mailing Address (D
762 BEAR CLAW RD
VERA WILLIAMS O
CLARK FORK, ID 83811-9826 rh
Corporate Officers and Directors: Ch
Name Title Business Address (D
Vera Williams Secretary 762 BEAR CLAW RD. �l
CLARK FORK, ID 83811
P�
Vern Stairs Vice President 13 USFS 2109
CLARK FORK, ID 83811 O
Updike Ash President 875 BEAR CLAW RD N
CLARK FORK, ID 83811 0
►_1
Geoff Frontin Director 1112 BEAR CLAW RD (D
CLARK FORK, ID 83811 rt
Joe Herrick Director 761 BEAR CLAW RD n
CLARK FORK, ID 83811 I,<
Don Williams Director 762 BEAR CLAW RD O
CLARK FORK, ID 83811
C!1
rt
The annual report must be signed by an authorized signer of the entity. Sv
Job Title: Secretary/Treasurer r-r
N
Vera Williams 1110312023
Sign Here Date
Page 1 of I EXHIBIT 11B-111 Page 1 of 1

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41 D041 I-IL "gyp EFFECTIVE
DB DEC 29 PM 12' 4 1
ARTICLES OF INCORPORATION OF S S TA f E t7 Y - STATE
THE BEAR CLAW SUBDIVISION CORPORATION S OF tDAHO
In compliance with the requirements of the laws of Idaho relating to non-profit
corporations and acts amendatory and supplemental thereto,including particularly
Section 30-117A of the Idaho Code,the undersigned natural persons,each of whom are
of full age and residents of the United States,in order to form a non profit corporation for
the purposes hereinafter stated,do hereby as incorporators, adopt the following Articles
of Incorporation and certify:
I
ARTICLE I
CORPORATION'S NAME
The name of this corporation is THE BEAR CLAW SUBDIVISION CORPORATIM f,
hereinafter called the"Corporation"
ARTICLE II
PURPOSE AND POWERS OF THE CORPORATION
The purpose for which the Corporation is organized is to function as a property o '
association,and in that capacity to undertake transactions of any lawful activity,
including all duties and obligations imposed upon it by the Declaration of Covenaa%
Conditions and Restrictions,recorded on July 10, 1996,as laftiment No.488109 I
records of Bonner County,Idaho{"Declaration"},which relate to,and govern the use bf
the real property embraced within Bear Claw Subdivision in said county.
Notwithstanding any of the above statements of purposes and powers,this
shall not,except to an insubstantial degree„engage in any activities or exercise any
powers that are not in furtherance of the specific purposes of this corporation
ARTICLE III
PRINCIPAL OFFICE
The principal office of the Corporation is located at P.O. Box 457 Clark Fork,ID 838 1
ARTICLE IV
DunAL REGISTERED AGENT AND REGISTERED OFFICE
The initial Registered Agent is Louie Ladenburger,and the initial registered offm is 0 k2O
Bearclaw Rd.,Clark Fork,1D 83811.
me $EMU Of
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EXHIBIT "B-2" i .W

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41 D041
ARTICLE V
INCORPORATOR VI
The Incorporator of this corporation is Joshua Wright,P.Q. Box 701,Clark Fork,ID
83811.
ARTICLE VII
DISSOLUTION: METHOD AND DISTRIBUTION
The Corporation may be dissolved only upon(a)a majority vote by the board; and(b)
the members by two-thirds(2/3)of the votes cast or majority of the total voting power,
whichever is less.
In the event of the dissolution,liquidation,or winding up of the corporation,the .
co rations assets after t of all known debts and liabilities of the
rpa � remaining payment i
corporation shall be divided among and be distributed to thoow members thereof in
accordance with their respective rights therein.
•C .4' 1:
ARTICLE VIII
PROHIBITION ON PRIVATE
No part of the collections of ibis corporation shall benefit any private individual,except'
as expressly and lawfully provided in those sections of the Declamation and Bylaws with
respect to the management,maintenllince and can of the Common Area,and other than
by a rebate of excess membership dues,fees or assessments.
^r i
ARTICLE IX
MEMBERSHIP fi a
The authorized number and qualifications for membership in this corporation,the class f
membership,the property,voting and other rights and privileges of members and then
liability to dues and assessmews,and the methods of collectkn ther+ed,shall be as
provided for in the Bylaws and Declaration of this corporations.
ARTICLE X
VOTING RIGHTS
The Corporation shall have one class of voting members,as prescribed in its bylaws. in
no event shall more than one vote be cast with respect to any lot.
1 _

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41 D041
ARTICLE XI
DUES AND ASSESSMENTS
Each member shall be deemed to covenant and agree with every other member,and with
the Corporation,to pay dues and assessments duly levied by the Corporation for the
purposes provided in the Declaration and these Articles of Incorporation. Dues and
assessments shall be made,secured,aw collected as to each Lot,and the owners thereon
as provided for in these Articles and the Declaration.
Assessments an enforceable by the Corporation by civil action or by the Weitum of
membership upon notice given m writing twenty(20)days before commencement of
such action or such forfeiture. The Corporation may secure dues and assessments that
sixty(60)days or more overdue by a lien upon real property to which membership n is
are appurtenant Failure by any member to pay dues and assessments. Notice of said lid
shall be furnished in writing no earlier than twenty(20)before the lien's execution.
i
ARTICLE 3£II 1
.INITIAL BOARD OF DIRECTORS {
r
Subject to the provisions of the Idaho Ncmprofit COMOFation Law W1d MY HmhWm iD
the Articles and these Bylaws relating to action required to be approved by the M
the business and affairs of the Association shall be vested in,and exercised by,the
Association's Board of Directors(sometimes referred to as"board of managers"),tho
composition and specific authority of which is provided in the bylaws. The initial
directors shall be as follows: �
Trish Crean, I03 Bear Claw Rd.Clark Fork,ID 83811
Chris Shelton, P.O.Box 650,Clark fork,ID 83811
Charles Wright, P.O. Box 218,Clark Fork,ID 83811
ARTICLE X[H
DdTlAL OFFICERS
Joshua Wright,whose address is P.O.Box 701,Clark Fork,8341,is hereby elsctod ow
first President. Angela Updike,whose address is 875 Bear Claw Rd.Clark Fork,
93811,is hereby elected as the first Vice President. Louie Ladenburger,whose ac� 0 is
P.O.Box 493,is hereby elected as the first Secretary/Treasurer.
ARTICLE 3UV
AMENDMI:M TO THESE ARTICLES
Any amendment of the Articles of Incorporation must be approved:(a)by the if
the amendment does not relate to the number of directors,the composition of the
the term of office of directors,or the Method or way in which directors are elected�
Bear Claw Association Articles of Incorporadon 10108 3

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41 D041
selected; (b)except as provided in the following paragraph,by the members by two-
thirds(2/3)of the votes cast or a majority of the voting power,whichever is less;and(c)
in writing by any person or persons whose approval is required by a provision of the
articles authorized in this section.
Matters not requiring a vote by the members include: (a)to delete the names and
addresses of the initial directors; (b) To change the registered agent and office;(c)to
change the corporate name by substituting the word"corporation," "'incorporated,"
11company," "limited,"or the abbreviation"corp.," "inc.," "co.," or"Itd.," for a sumlar
word or abbreviation in the name,or by adding,deleting or changing a geographical
attribution to the name;or(d) to make any other change expressly permitted by the Idaho
Nonprofit Corporation Act to be made by director action
ARTICLE XV
DURATION
The Corporation shall exist perpetually.
ARTICLE XVrI
CHOICE OF LAW
This corporation elects to be governed by all of the provisions of the Idaho Non-profit
Mutual Benefit Corporation Law.
IN WrI NESS WHEREOF,for the purpose of forming this corporatim under the laws f
the State of Idaho,we the undersigned ring all the koo rporators listed in this i
document have executed these Articles of Incorporation this!6 day of Qom,2008.
hua vV'nght,Incarporatar
c.
On this day ofIM,20U,before me,the undasigaed,&.Notary Public'
and for said County and state,personally appeared JoshuadVright,knGM to me to be t;e
persons whose names are subscribed m the foregoing instnnil►mt,and who aclrna
to me that they executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and
in this certificate firstab
Public for I
r ..,, .�c�l` HC
Beer claw Associate zporation 10/08 4

1�1i';112 l I .Avy SU-Bt)lV1S10,N :.:v is lGlll
DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41 D041 —yE - HONER O'BIER
CLARK FORD IDAHO 83811 U f
[phone] [phone] FAX[phone] J r �' N 21 1996 :{
Jute 20,1996 Zoeur dwc--16 E`ER d Office
State of Idaho Department of Health and Welfare
Division of Environmental Quality
1410 N.Hilton, Statehouse Mail
Boise,Idaho 83720
Subject: Bearclaw Water System
Attn:Lyle Misbach
Greeting:
On the Bear Claw subdivision provision has been made for a second water source for the water
delivery system on this development which at this time is not a requirement: The additional water
supply will be added when required. The ownership and management of the Bear Claw water
system remains with the Developer.
s riy,
James E. 'e
EXHIBIT "C"

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41 D041
DIVISION OF
®sr�y ENVIRONMENTAL QUALITY
2110 Ironwood Parkway,Coeur d'Alene,ID 83814-2648,[phone] Philip E.Batt.Governor
June 13, 1996
Mr. Homor O'Bier and Jim White
P.O. Box 497
Clark Fork, ID 83811
RE: � w; u" "ir 'rslon-='I�ew Water System
Dear Mr. O'Bier:
As-built plans and specifications submitted by Richard Tucker of Tucker Engineering on June
4, 1996 for construction of a new well, reservoir, and distribution mains to serve the 44 lots of
Bear Claw Subdivision near Clark Fork, Idaho have been reviewed. Before we give final
approval to these as record drawings, we will need a written response to the following items
(many of which were apparently diversions from the original construction plans):
1. It has been indicated that the required water quality samples have been taken and
submitted to the laboratory for testing. The results of these must be submitted and
approved by our office before water is served to the public.
2. Discussions between Mr. Tucker and Gary Gaffney of our office raised the issue of the
change in construction of the reservoir, which was not approved by our office prior to
construction. If future coliform bacteria problems in the reservoir occur, it will be
necessary to remove the soil, wood and visqueen and rehabilitate the seal on the cover.
Mr. Tucker and Mr. Gaffney also discussed provisions for providing a second source
(required before 25 connections or more are served). Apparently Mr. Tucker agreed to
provide a copy of the Articles of Incorporation and the By-Laws for the Homeowner's
Association. These were not included with the submittal. This second well site must be
approved by our office, and all requirements of the first source apply to the second as
well.
3. The vent pipe on the reservoir lid may experience some structural stress when the lid is
opened anal closed-for-routine maintenance. Please be sure that routine inspections of -
the joint are scheduled, as this is not the ideal location for a vent apparatus.
4. The fire hydrants specified are not in accordance with Idaho Standards for Public Works
Construction. However, we will accept this design provided that the Bonner County
Commissioners are satisfied and provide their approval of the alternate hydrants.
We cannot approve fire hydrants on mains less than 6 inches in diameter, however. It
appears that 2 of the 3 hyd anti a connected to 4 ch mains, which is not in
accordance with our requirem

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41 D041
RE: Bear Claw Subdivision - New Water System
June 13, 1996
Page 2
5. A "natural rock" manhole is specified for the flow meter on the well outlet. This design
is not in accordance with our requirements, in that it cannot be protected from flooding
or be adequately drained, as well as being an unauthorized change from the original
plans. Also the gate valve shown to the right of the manhole is not located on the plan
view of the project.
6. The pressure relief valve indicated in the accompanying checklist does not appear to be
shown on the drawings.
7. It is required that a well lot of 50-foot radius around the well be owned in fee simple or
leased for the useful life of the well by the owners/operators of the water system. The
original plans showed such a lot, but the current drawings indicate that the well site has
moved and no such well lot is indicated. This needs to be corrected.
Also, it appears that the water mains cross individual lots in several places. Please be
sure that the proper easements for each and every lot crossing are secured.
Once we receive a written response to each of the above items, we will continue our review of
the drawings. If you have any questions, please contact me.
Sincerely,
Lyle J. Misbach, EIT
Water Quality Engineering Specialist
c: Tim Eylar/Gary Gaffney, DEQ-NIRO
Richard Tucker, Tucker Engineering Consultants, 617 Church Street, Sandpoint, 83864
Bonner County Planning and Zoning
Post-it®Fax Note 7671 Date G Pa9es�
To From
Phone# Phone# Z Fax# Fax#

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41D041
System is now of a size that it is considered a community water system(not a private well) and
therefore needs to come into compliance with now applicable statutes and rules,before any new
connections may be made, and (ii) the existing Water Right 96-0811, as it was originally
permitted, has reached its fifteen home limit and a new Water Right is needed to cover the
remaining connections. U.S. Bank Aff.,? 18. The new Water Right will allow for twenty-nine
connections increasing the total connections to the Water System to forty-four. U.S.Bank Aff.,
T 18. U.S.Bank has recently been working to improve the Water System as a result of increased
users of the Water System,as well as attending to necessary repair and maintenance of the Water
System, including the emergency repair of a water line leak, and the authorization of the next
regular inspection and cleaning of the water storage tank. U.S. Bank Aff., T 18. A number of
tasks remain to be completed,however,as detailed Paragraph 18 of Section II above(hereinafter
referred to collectively as the"Work"). U.S. Bank Aff.,T 20.
U.S.Bank N.A. seeks Court instruction regarding the proper next course of action for the
Water System in regards to ownership and responsibility for operation, with the following two
options offered for the Court's consideration:
(i) distribute the entirety of the Bear Claw Subdivision
residual assets to Jay E. White and Judith Allread, as the
equal beneficiaries of the residual assets of the White
Trusts, whereupon they would become the successor-in-
interest Developer pursuant to the Declaration, and would
be the owner of and responsible for completing the
required upgrades and the ongoing operation of the Water
System; or
(ii) reserve sufficient assets to complete the Work,perform the
Work, and then distribute the Water System to Jay E.
White and Judith Allread.
U.S.BANK N.A.'•s
PETITION FOR INSTRUCTIONS-9
40904.0232.16731409.1

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41D041
STATE OF IDAHO
DEPARTMENT OF
ENVIRONMENTAL QUALITY
2110 Ironwood Parkway,Coeur d'Alene,ID 83814(208)769-1422 Brad Little,Governor
John H.Tippets,Director
January 06, 2022
Bear Claw Subdivision
Jennifer Schmidt, Administrative Contact
Marty Lowell,Designated Operator
1603 N Fourth St.
Coeur d'Alene, ID 83814
jcnnifer.schmidt2t�cittsbank.com
hopeboat(a),hotmail.com
Subject: Sanitary Survey for Bear Claw Subdivision, ID1090231
Survey Date: December 09,2021
Last Survey Date: June 02, 2015
Dear Jennifer and Marty:
Marty Lowell and Andy Olson assisted in the field inspection for the Sanitary Survey that is normally
required every five years for this public water supply system.
The purpose of the Sanitary Survey is to document a detailed record of the water system configuration,
evaluate current operating procedures, provide recommendations, and identify deficiencies that require
correction, The Sanitary Survey Report,enclosed for your files, consists of 7 pages of narrative description
including this cover letter and 13 pages of photographic documentation.
Requirements and recommendations to protect public health,prevent future problems, minimize
contamination potential, maximize safety, and promote effective system operation are listed on pages 6-7.
The water system is advised to implement solutions to these issues as soon as practical.
The water system appears to be substantially in compliance with Idaho Department of Environmental Quality
DEQ)requirements and_Idaho Rules for Public Drinking Water Systems (Rules).
I would be glad to assist you with any questions or concerns regarding this report.
Sincerely,
r�
Andy Olson
Drinking Water Compliance Officer Andv.Olson(ci�detl.idaho.gov
Enclosures
Ec: Anna Moody, Drinking Water Compliance Supervispr, ,Anna.Moodyt"(:rllded.idaho.�trk)
EDMS: ID 1 09023 1-2022ACA94
EXHIBIT "D"

• 1
41,
CBear Claw Subdivision PWS# 1000231
Partial underground storage
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DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41D041
SUMMARY
Bear Claw Subdivision is a small community water system that serves a residential population of 70
with 28 total connections. The system is under the direct oversight of licensed operator Marty
Lowell. Bear Claw Subdivision is located just cast of Clark Fork, Idaho off Highway 200 on Bear
Claw Road.
SOURCE
Well#1 (E0009230)
Original-Construction Date: March 14, 1995 Well Log: Yes
Total Depth: 141 ft Casing: gin 5/8 Intake: N/A
Static Level: 137 ft Pump: 7.5 hp Gould Max. Tested Yield: 43 gpm
Lat/Long: 48.097601 /-1 16.113106 TRS: T55N R3E S20
Surface Seal: Bentonite 40ft Confining Layers: No
There is one well that Bear Claw Subdivision uses to supply water to the water system. A GWUDI
analysis was done on Well#1 on June 14, 2009. A Source Water Assessment was completed on the
well in 2013. No existing ground water problems were identified in the Source Water Assessment
report or the Ground Water Under Direct Influence of Surface Water(GWUDI)report. The well is
located on the southeast corner of lot number 16 in the Bear Claw Subdivision.
Source water assessments are available at: littpti'//www2 deq ldallo.ctoy/watei'/Sw,1011]illc/Sca1-ell
The drinking water for Bear Claw Subdivision is provided by well 1. It is drilled to a depth of
139.5 ft and produces 43 gpm. The well was drilled in March 1995 by Ruen Drilling in Clark
Fork, ID. The well casing is an 8-inch steel casing that extends to a depth of 141 feet below
ground surface(bgs). The bentonite surface seal extends to a depth of 40 feet bgs.
The sanitary cap for the well is vented with intact electrical conduit and appears to be in good
condition. A 7.5 horsepower Gould submersible pump model number 70LG7532 is in use.The well
has flow to waste capability from inside the well house and prior to pumping to the reservoir.
According to the historical information in the Bear Claw Subdivision file it was the Idaho
Department of Environmental Quality's(DEQ)understanding that the developer would be
responsible for drilling a second well. The second well was supposed to be online before the 25`n
connection was made to the water system. As it stands the system has 28 connections. No
additional connections can be made without approval from the Coeur D'Alene DEQ.
Dan Larson with 7b Engineering(Sandpoint, ID) is currently developing a facility plan for this
system. This plan is the first step in assessing the drinking water redundancy needs for the Bear
Claw subdivision. There is a need for a second source of drinking water now that the system has
exceeded the allowable connections for one source per the Idaho Rules for Public Drinking Water
Systems (IDAPA 58.01.11.501.17).
Well #1 has a flow meter and pressure gage inside the well house.The raw water sample tap is a
threaded faucet located inside the well house. This was discussed with the operator of the water
system. The threaded sample tap represents a cross contamination concern and will have to be
fitted with an Atmospheric Vacuum Breaker(AVB).
3

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41D041
STORAGE
From the well, water is pumped to a partially buried 50,000-gallon concrete reservoir built in 1996
via a 6-inch line that rides on the system as well as pumped to distribution. This 6-inch line is used
for both the water traveling to and from the reservoir. The water enters and exits the reservoir at the
same point in the reservoir.
The water level in the reservoir is controlled by a float switch that signals the well pump to turn on
and off via underground lines from the reservoir to the pump house. The reservoir is vented and
fitted with overflow pipe,both of which are properly screened. The reservoir hatch has adequate
gaskets in place at the time of the survey. DEQ recommends the storage tank be inspected and
cleaned every 5 years.
The cover of the reservoir consists of concrete precast panels covered by plastic and organic
matter. During the last sanitary survey performed by DEQ in 2015 it was recommended that the
storage tank be cleaned and inspected for structural issues. This has not been done over the past 5
years. It is important to inspect the surface of the structure for cracks or entry points for surface
contamination or animals.
DISTRIBUTION
Bear Claw Subdivision has 28 connections and 3 fire hydrants. Distribution mains consist of 2-,4-,
and 6-inch PVC pipe. The routine coliform sampling plan was discussed during the survey. The
operator takes total coliform bacteria samples from a representative number of sites throughout the
system. A 2009 sanitary survey references a copy of the total coliform sample site plan submitted to
DEQ.No known plan was found in DEQ records. We recommend that plan gets updated and
resubmitted.
If any known leaks are discovered, it may be helpful to inform homeowners that leaks cost all
homeowners in the form of increased costs due to excessive pump and power usage and wear and
tear on equipment. If a leak should cause an unexpected loss of pressure, a contamination event
could occur. When water pressure within the system is known to have fallen below twenty (20)psi,
the water supplier must notify DEQ, provide public notice to the affected customers within twenty-
four (24) hours, and disinfect or flush the system as appropriate.When sampling and corrective
procedures have been conducted and after determination by DEQ that the water is safe, the water
supplier may re-notify the affected customers that the water is safe for consumption. The water
supplier shall notify the affected customers if the water is not safe for consumption. Please consider
the repair of all leaks in vows water system as soon aspassiblc.
The Bear Claw Water system has established a formal cross connection control program,but DEQ
does not have a copy of this program for our file. Please provide a copy of your cross-connection
control program. A cross connection control program and by laws related to its enforcement are
required by IDAPA 58.01.08.552,06. The water system must ensure that cross connections do not
exist or are isolated from the potable water system by an approved backflow prevention assembly.
Backflow prevention assemblies shall be inspected and tested annually for functionality by an Idaho
licensed tester, as specified in Subsection 552.06.c.
Annual backflow testing of all backflow assemblies installed on underground sprinkler systems
within distribution is required.
4

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41D041
MONITORING,REPORTING,AND DATA VERIFICATION
This water system is classified as a community water system serving greater than 15 service
connections used by year-round residents.
Online tools for reviewing currently updated monitoring schedules are available for viewing
on the web: littl)s://www.deq.i(lalio.9ov/water-quality/drinking-water/public-wittel'-systcnl-
switchboard/
Monitoring schedules may be changed or modified by DEQ as required.Before sampling,
water system operators are advised to review the monitoring schedule for the most current
requirements to ensure compliance. There are no monitoring violations on record in the past
decade.
The water system is reminded to maintain accurate and complete testing records, and to make
these available to DEQ upon request. Per DEQ Rules and Federal CFR 141.33, records of
bacteriological analyses are to be kept for not less than five years, and records of chemical
analyses are to be kept for not less than ten years. The water system is advised to review all
applicable statutes for additional requirements.
FINANCIAL AND MANAGMENT
Bear Claw Subdivision is privately owned by the James E. White Trust;the administrative contact
is Jennifer Schmidt(US Bank). The designated operator in charge of the water system is Martin
Lowell who holds DWD1 and DWT1 licensures with Idaho Bureau of Licensures. This meets
operator requirements for this water system, as it is classified as a Very Small Water System.
SMART Financial planning tools are available on the Idaho DEQ public water system switchboard
at: llttps://w�vw de(i idaho.gov/water-quality/drinking-water/lxiblic-xvater-system-switeliboard/
DRINKING WATER PROTECTION PLAN
The water system does not appear to have a Drinking Water Protection Plan prepared by DEQ or
Idaho Rural Water Association. Source water protection (synonymous with the term drinking water
protection) is a voluntary effort a community can implement to help prevent contamination of the
source water that supplies its public water system. The drinking water protection plan outlines the
management tools local committees can use to protect drinking water sources and describes the
implementation of regulatory and/or non-regulatory management practices. The Drinkina Water
Protection-Plan-builds upon the work completed in the Source Water Assessment.-
1) Regulatory tools include items such as zoning ordinances, overlay districts, or site plan
review requirements.
2) Non-regulatory tools include items such as pollution prevention activities and
implementation of Best Management Practices.
3) Every plan should also include a public education and information component.
DEQ recommends that the water system pursue a Drinking Water Protection Plan to establish
further protective measures against contamination in the watershed. Andy Olson, DEQ Drinking
Water Compliance officer may be contacted at 208-666-4630 for further information regarding the
plan.
5

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41D041
Part of a Drinking Water Protection Plan can include an emergency response plan. Knowing what
to do,who to call and what resources are available and where can make a difference in emergency
situations. For more information on how to create a FREE source water protection plan or
emergency response plan contact your regional DEQ office.
CONCLUSION
At the time of the survey, it was evident that Martin Lowell takes the responsibility of providing
safe drinking water to the users seriously; and his efforts are appreciated by DEQ. The water
system was found to be operating in compliance with the Idaho Rules for Public Drinking Water
Systems.
The deficiencies and additional requirements listed below need to be addressed in a written Plan of
Correction(POC), submitted to DEQ within 30 days of the receipt of this letter. The POC is a simple
narrative document that lists the deficiencies and additional requirements,how they will be corrected,
and the date by which correction will be completed.
DEFICIENCIES
1. The sample tap and hose must have an AVB (atmospheric vacuum breaker) installed to
protect against cross contamination.
2. DEQ Staff was unable to assess the structural integrity of the reservoir due to organic
debris buildup on the top of the reservoir. When reservoir roof becomes accessible in
spring,please assess for cracks and conduct repairs as necessary to prevent intrusion of
surface water and animals.
ADDITIONAL REQUIREMENTS
1. In 2015 the sanitary survey writer provided this system with a well tag and the request
was made for the tag to be attached to the well. The well tag was not observed during the
2022 inspection. Please provide an update on tag location.
2. The Bear Claw Water system has established a formal cross connection control program,but
DEQ does not have a copy of this for our file. Please provide a copy of your cross-
connection control program. Please contact the Homeowners Association to provide this
document. If document cannot be produced a new plan will need to be created.
3. Past records indicate a Coliform sample siting plan was created for this system. DEQ does
not have a copy. Please provide copy of plan or update and submit a new Coliform sample
siting plan. Andy with the Coeur d' Alene regional office can assist with plan updates.
RECCOMENDATIONS
1. DEQ recommends all valves are exercised on an annual basis.
2. DEQ recommends the storage tank be inspected and cleaned every 5 years.
6

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41D041
3. DEQ recommends that the water system pursue a Drinking Water Protection Plan to
establish further protective measures against contamination in the watershed,Andy Olson,
DEQ Drinking Water Compliance Officer may be contacted at 208-666-4630 for further
information regarding the implementation of the plan.
4. DEQ recommends an operation and maintenance manual be provided for the PWS.
5. DEQ recommends every system develop a water loss/efficiency control program. Contact
Andy Olson at Coeur d'Alene regional DEQ for further details.
6. It is recommended every community water system have a back up operator. Consider
training another person incase Marty does not operate this system forever.
7. Develop an asset management plan to assist with future planning and financial
management,
7

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41 D041
;rAH 0 U EPARTM EN T OF I
WATER RESOURCES
322 E Front Street, Suite 648, Boise ID 83702 m PO Box 83720,Boise ID 83720-0098
Phone: [phone] a Fax: [phone] e Email: [e-mail] Website: idwr.idaho.gov
Governor Brad Little Director Mathew Weaver
February 7, 2024
=1EAR CLAW
"_� BOX 457 I
--LARK FORK ID 83811-0457 1
r�E. Clark Fork-Pend Oreille River Basin Adjudication Notice of Second Round Service
Dear Property Owner:
Idaho Department of Water Resources' (IDWR) records indicate that you may have an
ownership interest in Water Right(s) 96-8811. This water right was not claimed, or possibly not
claimed in its entirety, in the Clark Fork-Pend Oreille River Basin Adjudccation (CFPRBA). The
enclosed Second Round Service of Commencement Notice CFPRBA asin 96(Second Round
Notice) explains the CFPRBA and its water right claim filing requirements.
You may disregard this notice if you have already filed a Notice of Claif to a Water Right in the
CFPRBA for the full extent of your water use. Otherwise, please review Sections II and III of the
Second Round Notice to determine if you should file a notice of claim for your water use:
II. GENERAL REQUIREMENT TO FILE A NOTICE OF CLAIM
III. EXCEPTIONS
TO THE GENERAL REQUIREMENT TO FILE A NOTICE OF CLAIM
For more information about the water rights that may be appurtenant tQ your property, please
visit IDWR's website at: https://idwr.idaho.gov. Under the"Water Rights" heading, select,
"Search Water Rights".
If you decide to file a Notice of Claim to a Water Right, claim forms are available online at:
https://idwr.idaho.gov/form/adjudication/. You may also file a claim online at IDWR's website:
https://research.idwr.idaho.gov/apps/Adjudication/OcLogin,
If you need assistance filing a claim or if you have water right questio s for IDWR staff
members, please contact IDWR's northern regional office at(208) 762-2800 or IDWR's state
y �wr.jdaho.gov.
office at 1 [phone]. You may also email IDWR at NIA.HeIp(a.i
Sincerely,
I
i
The Adjudication Section
Idaho Department of Water Resources
Enclosure: Second Round Service of Commencement Notice CFPRBA Basin 96
EXHIBIT "E"

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41D041
IMPORTANT WATER RIGHTS INFORMATION
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 ) CNil Case No. 69576
Rights to the Use of Water from the ) SECOND ROUND SERVICE
Clark Fork-Pend Oreille River ) OF COMlYIENCEMENT NOTICE
Basins Water System. ) Within IDWR's Administrative Basin 96
(Bonner,Bou Nary,and Kootenai counties)
IMPORTANT LEGAL NOTICE:
A comprehensive determination of the nature, extent, and priority of the rights of surface and ground
water users is required for effective way. management in the State of Idaho. Adjudication of all water rights
in the Clark Fork-Pend Oreille River Basin will ensure proper delivery of water ir>times of shortage and certainty
of water right ownership to property owners.
Records of the Idaho Department of Water Resources (IDWR) indicate that you may own or have an
interest in a water right in the Clark Fork-Pend Oreille River Basin, but you have NOT filed a Notice of Claim
with IDWR for this water right. This notice serves as your SECOND AND FINAL NOTICE of your
responsibilities to file a Notice of Claim. Failure to file a required notice of clai I will result in a determination
by the court that the water right no longer exists.
Your Filing;Deadline is May 17, 2024
i
I. 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 Basin water system
in Idaho (CFPRBA). A general adjudication is a court case which will result inl a decree determining all water
rights within a water system. The purpose of the adjudication is to determine the elements and necessary provisions
for the administration of water rights and to compile an inventory of all the wat�r rights in the Clark Fork-Pend
Oreille River Basin water system.
II. 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 Basin water system in the State of Idaho,ex ept for certain water rights
---- - specifically-excluded-by-law. "All water rights within the boundaries of the Clar Fork-Pend Oreille River Basin
water system in the State of Idaho"includes rights to the use of water from any titer 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 o Claim must be filed with
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/or stockwater rights or permits for which proof of beneficial use was filed after June
15 2021. See section III,below. Water rights based on state law include water r�ghts 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. f
For all water rights based upon federal law,a Notice of Claim or negouatgd agreement must be filed by
the deadline above, unless an alternative filing schedule is adopted by the Clark Flork-Pend Oreille River Basin
Adjudication District Court.
i
Second Round Service of Commencement Notice—CFPRBA Basin 96 1
i

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41D041
I
III. EXCEPTIONS TO THE GENERAL REQUIREMENT TO FILE A NOTICE OF CLAIM
A. 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 &42-140IA.may elect to file a Notice of Claim now or defer(postpone)the filing until a later time in
this proceeding. Although the Court has not yet set a deadline for filing claims for"deferrable"D&S water
rights in the Clark Fork-Pend Oreille River Basin,the opportunity to defer filing will not be indefinite. The
Court will establish a filing deadline for small D&S water rights in the future 1 The current fee for filing a
Notice of Claim with the Idaho Department of Water Resources for a small D&S water right is$25.
The Idaho Department of Water Resources recommends filing a claim for a small D&S water at this
time and not deferring. In times of water shortage,water is delivered to water right holders by a
watermaster. Watermasters deliver water as authorized by a water righi decreed by a court or
approved by IDWR.The owner of a D&S 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
adjudicate the water right prior to distribution by a watermaster,and/or before an application for
change of the water right may be filed with IDWR.
Water right holders who elect to defer filing at this time may be requi�ed to file, at a later date,a
motion with the Court to have the water right adjudicated. These water rights olders may also be required to
pay their own costs to serve notice of the motion,advertising, and all costs in urred for investigation and
preparation of a report to be filed with the Court. In short,waiting will result'n significantly more work and
more expense for the water right holder.
A water right holder should be certain their water use qualifies for theldeferral procedure for D&S
rights before deciding not to file a Notice of Claim at this time. A D&S right Polder 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 water right holder I Iles a notice of claim for the
D&S right at this time. For more information,please consult Idaho Code §§ 42-111 and 42-1401A.
B. OTHER EXCEPTIONS
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. However,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 an application for permit that h s been filed with IDWR but
has not yet been approved.
Additionally,a water user need not file a Notice of Claim where the water user is not the owner of the
water right. For example,a Notice of Claim is not required for any person who receives water solely by virtue
of ownership_of shares-ofstock"in, or by being located within the boundary of a-water deli-very-orgamzatton,--
if the water delivery organization holds legal title to the water right(s) and if the water delivery organization
files-a-T(Ytiee-of-Claim--Examples of water delivery organizations that" legal title to wal . s -_
include,but are not limited to,cities, water utility districts or companies,and 'iririgation districts.
IV. 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 hell)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:
I
Second Round Service of Commencement Notice-CFPRBA Basin 96 j 2
i

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41D041
f
Northern Idaho Adjudication
Clark Fork-Pend Oreille River Basin Water System
Canada
_17-
\ i Boundary
County
I
SSonners Ferry
97 ? i
CC a
�n C•olburn
Bonner
County 6 9 ti
jSandpoin {..• {
Hope
priest Haver 1� •Sagte } Qf
.�,' J• •���04fa .a.
Xatark For
cocolalla /
Ba y'view
...._......__. __ _ r - :La eview
• Athol -"1 .�` Shoshone
spirit Lake • I_ County
1
Kootenai
County
Legend 0 3.5 7 114 21 28
'County Boundaries Miles
- --- • cities - - i .. __ -_
N - - - -
Q Clark Fork-Pend Oreille River Basin Water System Boundary
-- - IN.- E
IDWR mtnlstraUve as— t�
- —
S
i
PLEASE REMEMBER FAILURE TO FILE A REQUIRED NOTICE OF CLAIM TO YOUR
EXISTING WATER RIGHT WILL RESULT IN A DETERMINATI6N BY THE COURT
THAT THE WATER RIGHT NO LONGER EXISTS. IF YOU HAVE ANY QUESTIONS,
PLEASE CALL TOLL-FREE 1-800-451-4129,OR CALL ANY IDWR REGIONAL OFFICE
LISTED IN THIS NOTICE,OR CONSULT YOUR ATTORNEY.
Second Round Service of Commencement Notice—CFPRBA Basin 96 i 4

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41D041
I
1. IDWR,Northern Region, 7600 N. Mineral Dr., Suite 100,Coeur d'Alei e,ID 83815-7763;
Phone: [phone].
2. IDWR, Western Region,2735 W. Airport Way,Boise, ID, 83705-5082;
Phone: [phone]. 1
3. IDWR, Southern Region, 650 Addison Ave. W, Suite 500,Twin Falls,ID 83301-5858;
Phone: [phone].
4. IDWR,Eastern Region,900 N. Skyline Dr., Suite A,Idaho Falls,ID 83402-1718;
Phone: [phone].
5. IDWR, State Office,322 E. Front St., Boise, ID 83720-0098;
Phone: [phone];
6. IDWR, Salmon Field Office, 1301 Main St., Salmon,ID 83467-4453;
Phone: [phone].
7. IDWR,Preston Field Office,325 E. 600 S, Suite 300,Preston, ID 832 3-4921
Phone: [phone].
V. 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, Bonner, and Kootenai Counties and
within IDWR's Administrative Basin 96. The deadline for filing a Notice of Claim for water rights in your area
is May 17,2024. 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. Tdaho Code § 42-1409A imposes
substantial restrictions on the filing of amended or late Notices of Claim.
VI. 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 mu t file any required Notice of
Claim, as described above. If a Notice of Claim has been filed,the purchaser m,st 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.
VII. FURTHER INFORMATION
The files of the CFPRBA District Court will contain affidavits and other documents listing the persons
served with copies of this notice. Assistance in filing Notices of Claims may be obtained at all offices of IDWR,
which are listed above. l
_-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 Yd 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.
I
Mathew Weaver, Director,Idaho IDepartment of Water Resources
Second Round Service of Commencement Notice—CFPRBA Basin 96 3

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41 D041
322E FRONT ST USPS CERTIFIED MAIL
PO BOX 83720
BOISE ID 83720-0098
I
9214 8901 9403 8347 4596 55
BEAR CLAW
PO BOX 457
CLARK FORK ID 83811-0457
i
i
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DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41D041
I
13. Map of proposed project: show clearly the proposed point of diversion, place of use, section number,
township and range number.
I I I I I I l I
I I I I I I I I
I I I I I I I I
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Scale:2 inches equal 1 mile.
BE IT KNOWN that the undersigned hereby makes applicati�r,permit to appropriate the.qublic waters of
the State of Idaho as herein set forth. ) ;
(Applicant) /

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41D041
State of Idaho
Department of Water Resources
WATER RIGHT LICENSE
WATER RIGHT NO. 96-08811
Priority: August 9, 1994 Maximum Diversion Rate: 0.05 CFS
Maximum Diversion Volume: 31.5 AF
This is to certify, that JAMES WHITE
PO BOX 158
CLARK FORK ID 83811-0158 has complied with the terms and conditions
of the permit, issued pursuant to Application for Permit dated August 9, 1994; and
has submitted Proof of Beneficial Use on November 7, 1995. An examination indicates
that the worts have a diversion capacity of 0.050 cfs of water from a GROUNDWATER
source, and a water right has been established as follows:
BENEFICIAL USE PERIOD OF USE RATE OF DIVERSION ANNUAL VOLUME
IRRIGATION 03/15 to 11/15 0.05 CFS 22.5 AF
DOMESTIC 01/01 to 12/31 0.05 CFS 9.0 AF
Totals 0.05 CFS 31.5 AF
LOCATION OF POINT(S) OF DIVERSION: NWSW , Sec. 20, Township 55N, Range 03E
BONNER County
PLACE OF USE: IRRIGATION
TWN RGE SEC ACRES ACRES ACRES TOTAL,
55N 03E 20 NESW 5 NWSW 5 SWSW 1
SESW 1 12
Total number of acres irrigated: 12
PLACE OF USE
DOMESTIC, same as IRRIGATION use
CONDITIONS OF APPROVAL AND REMARKS
1. The maximum diversion volume is defined as the maximum
allowable volume of water that may be diverted annually from the
source under this right. The use of water confirmed by this
right is limited to the amount that can actually be beneficially
used. The maximum diversion volume may be adjusted to more
accurately describe the beneficial use or to implement accepted
standards of diversion and use efficiency.
2. This water right is appurtenant to the described place of use.
3. This right is subject to all prior water rights and may be
forfeited by five years of non-use.
4. Modifications to or variance from this license must be made
within the limits of Section 42-222, Idaho Code, or the
applicable Idaho law.
5. This right when combined with all other rights shall provide no
more than .02 cfs per acre nor more than 3.0 afa p�r.:4Lcre„f or. the
lands above.

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41D041
MEMORANDUM
DATE: August 8, 1997
TO: Water Right File
FROM: Shelley W. Kee �
RE: Conversation with James White
Last week James White called to discuss the letter I sent him on 7/23/97. He told me that there
are only a couple of homes currently on the water system in the Bear Claw Subdivision. He
anticipates having to drill and connect a second well to the system when approximately 12 homes
have been connected. The development is growing slowly, with about one new home per month.
I told Mr. White that when permit 96-08811 is licensed it will not cover the entire subdivision, nor
will it authorize diversion from more than one well. I suggested that his best course of action will
probably be to file an application for a new water appropriation permit as he approaches the point
when a second well is needed.
The number of homes and acres recommended for licensing under 96-08811 are based on the
following:
• 0.05 cfs * 365 days * 1.98 =36.2 of total annual capacity
• Fifteen homes at 0.6 of per home and 7.5 acres(half an acre per home) at 3.0 of per acre
results in a volume of 31.5 af, which does not exceed the annual capacity.
• I am recommending a permissible place of use for the irrigation use because it is not possible
at this stage to discern which lots will be developed next. Allowing 7.5 acres within a 12-acre
ppu will allow for development of lots anywhere within the subdivision.
KAWRMEMM9608811.DOC

DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41D041
State of Idai1■,l
r DEPARTMENT OF WATER RESOURCES
1301 North Orchard Street, P.O. BOX 83720, Boise,Idaho 83720-0098
Phone: [phone] FAX: [phone]
PHILIP E.BAT"T
July 23, 1997 GOVERNOR
KARLJ.DREHER
DIRECTOR
JAMES WHITE
PO BOX 158
CLARK FORK ID 838110158
RE: Water Right No. 96-08811
Dear Mr. White:
I am reviewing the field examiner's report in preparation for issuing a water right license for the
development under permit 96-08811, which was issued to you in 1994 for water use within the
Bear Claw Subdivision in Bonner County. Before the license is issued, however, there is an item
that you may want to address.
Normally a water right license can reflect only the development that occurred during the
development period authorized by the permit. With subdivisions, however, IDWR will issue a
license for the permitted diversion rate and number of homes if the diversion and distribution
systems to accommodate that rate and number of homes are constructed by the end of the
authorized development period. The reason for this approach is to eliminate the need for a new
water right filing every time a lot is sold and a new home is constructed, which may occur
repeatedly over many years before all the lots are occupied.
Permit 96-08811 authorized you to develop up to 0.55 cfs of ground water for in-house domestic
use in 45 homes and for the irrigation of twelve acres of lawn and garden. IDWR's field examiner
reported that lines are in place to serve water to 44 connections, but only one well capable of
producing only 0.05 cfs is in place. The examiner did not report exactly how many homes have
been constructed on the lots in the subdivision, but the photographs give the impression that there
are only a few. In addition, Idaho Division of Environmental Quality regulations require a
minimum of two wells for new community water systems serving more than 25 homes, so I am
assuming that fewer than 25 homes have been built.
Even with your 55,000 gallons of storage capacity, a pumping capacity of 0.05 cfs is not enough
to provide in-house domestic water for 44 homes and to irrigate 12 acres. This leaves the question
of just how much beneficial use can be recognized on the license. One option is to issue the
license for the in-house domestic use only,without recognizing any irrigation use. Another option
is to issue the license for some combination of irrigation and in-house domestic use that would not
cover the entire subdivision but would reflect the pumping capacity you have developed.
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DocuSign Envelope ID:5A28BF01-4E8C-42FD-9A2E-F987FF41D041
James White
July 22, 1997
Page 2
Before the department determines how your water right license should be configured, I thought
you might appreciate the opportunity to comment and/or supply additional information relating to
the this matter. I will appreciate hearing from you within 30 days.
If you have any questions, please contact me at 208-327-7946.
Respectfully,
Shelley Wal r Keen
Water Rights Supervisor
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