LET'S TALK: Water Rights
Water Wednesday: Water Rights
Contrary to popular belief, you, a property owner in Idaho, do not own any water bordering or flowing through your property.
Idaho owns the rights to all natural bodies of water in the state. We, as residents of Idaho, may have access to creeks, lakes, or rivers, but that is all. All flowing water is public.
From the IDWR: "The constitution and statues of the State of Idaho declare all waters of the state, when flowing in their natural channels, including the waters of all natural springs and lakes within the boundaries of the state and groundwaters of the state, to be public waters."
"A water right is the right to divert public waters and put them to a beneficial use in accordance with one's priority date."
A water right allows the private use of Idaho's public water.
Idaho is a prior appropriation state, so "the first in time is first in right". For example if the source of water is not enough to supply the current demand, the senior priority date will be satisfied before the later priority dates.
A water right typically will "run with the land", which means no matter if the property ownership changes, the right will remain with the property. However the purchaser of a property with a water right is responsible for submitting a change in Water Right Ownership to IDWR within 120 days.
When buying a property, do. your. research. Talk to the local professionals that know their business. Your realtor, title company, well drillers, IDWR, and others that will assist you in making an informed decision.
