5 Things to Know about Water Rights in Idaho

Water rights are a complex topic, and they’re even more complicated in Idaho. With the state’s unique geography, geological features and population makeup, there are many special considerations that must be taken into account when it comes to water rights in Idaho. Whether you’re a landowner or an investor looking to better understand water rights in the Gem State, here are five things to know about water rights in Idaho.

What are water rights?

In Idaho, water rights are determined by the first in time, first in right doctrine. This means that the person who uses the water first has the right to continue using it, as long as they do not interfere with other upstream or downstream users. The state of Idaho recognizes three types of water rights:

- surface water rights, which allow for the use of water on the surface of the land, such as in rivers and lakes;

- groundwater rights, which allow for the use of water beneath the surface of the land; and

- riparian rights, which allow for the use of water adjacent to property that is held in common with others.

How are water rights determined in Idaho?

In Idaho, water rights are determined by a prior appropriation system. This system is based on the principle of "first in time, first in right." That means that the person who first put the water to beneficial use has the oldest, or senior, water right. Water rights can be acquired through surface water diversions (like irrigation ditches) or groundwater wells.

Water rights can be bought, sold, or leased. They can also be passed down through generations. When a landowner dies, their water rights usually go to their heirs.

There are two types of water rights in Idaho: surface water rights and groundwater rights. Surface water rights are for water that flows on the ground, like in a river or stream. Groundwater rights are for water that is underground, like in an aquifer.

Idaho is divided into eight different watersheds, and each one has its own rules for how water can be used. The eight watersheds are:
-The Boise River Watershed
-The Payette River Watershed
-The Weiser River Watershed
-The Salmon River Watershed
-The Clark Fork River Watershed
-The Spokane River Watershed
-The Coeur d'Alene River Watershed
-The Pend Oreille River Watershed

What are the different types of water rights in Idaho?

There are two different types of water rights in Idaho: surface water rights and groundwater rights. Surface water rights are governed by the state's surface water code, while groundwater rights are governed by the state's groundwater code.

Surface water rights allow the holder to use a specified amount of water from a particular source, such as a river or lake. The right is attached to the land, and can be sold or transferred with the land. Groundwater rights allow the holder to pump a specified amount of water from underground aquifers. These rights can also be sold or transferred with the land.

Idaho has a "first in time, first in right" system for awarding water rights. This means that whoever applies for and receives a water right first has priority over subsequent applicants for that same source of water. Water rights holders must put their water to "beneficial use," meaning they must use it for irrigation, domestic purposes, livestock watering, or other approved uses. If a landowner stops using their water right for five years, they may lose their claim to that water.

How can water rights be transferred in Idaho?

In Idaho, water rights can be transferred in a few different ways. The first way is through a conveyance, which is when the owner of the water right sells, leases, or otherwise transfers the water right to another party. The second way is through an adjudication, which is when a court decides who has the right to use a particular body of water. Finally, water rights can be transferred through legislation, such as when the state legislature passes a law that changes how water rights are regulated.

How do water rights impact real estate in Idaho?

Water rights are a complex issue in Idaho, and one that can have a big impact on real estate. There are three types of water rights in Idaho: surface water rights, groundwater rights, and riparian rights.

Surface water rights are the most common type of water right in Idaho. They give the holder the right to use the water from a particular body of water, such as a river or stream. These rights are often tied to land ownership, meaning that if you own land next to a body of water, you usually have the right to use the water from that body of water.

Groundwater rights are less common than surface water rights, but they can still be important, especially in areas where groundwater is the only source of water. Groundwater rights give the holder the right to use groundwater from a particular aquifer. These rights are not usually tied to land ownership, which means that even if you don't own land near an aquifer, you may still have the right to use the groundwater from that aquifer.

Riparian rights are the least common type of water right in Idaho. They give the holder the right to use riparian resources, such as streams or lakes, for certain purposes like fishing or swimming. These rights are often tied to land ownership, but they can also be held by someone who doesn't own land near a riparian resource.