LET'S TALK: Water Rights

Joanna Rice • March 8, 2023

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.

Contact Us
21 BUYER STEPS

FREE DOWNLOAD

TO PURCHASE A HOME
Get the full PDF download
DOWNLOAD
By Bonners Ferry Herald • September 18, 2024
Best Realtor - 1st Place Best Commercial Realtor - 2nd Place Best Real Estate Agency - Century 21 Four Seasons - 2nd Place
September 16, 2024
Step 10 - You've Sold Your Home!
By Kirsten Madden • October 1, 2026
PRICE REDUCED - 2 bedroom 2 bath home on 6 acres in Paradise Valley!
By Kirsten Madden • September 29, 2026
REDUCED - Self Sufficient Off Grid retreat on 43.70 Acres!
By Kirsten Madden • September 29, 2026
PENDING - Live in the woods on 1.33 acres near Bonners Ferry & Sandpoint!
By Darci Price & Adriana Rice • September 29, 2026
PENDING - 20.53 Acre Property with Manufactured Home and River Views
By Kirsten Madden • September 17, 2026
NEW - Off Grid Home on 6.06 acres!
By Kirsten Madden • September 9, 2026
PRICE REDUCED - Opportunity to own 155.25 acres in North Idaho!
By Kirsten Madden • September 8, 2026
NEW - 2 bedroom 2 bath single level home on 0.28 acres!
By Darci Price • September 3, 2026
NEW - Idaho Life at this 4638 sq ft dome home on 10.79 acres!
By Kirsten Madden • August 31, 2026
SOLD - 1782 sq ft home on a Large 0.89 acre lot in town!
By Adriana Rice • August 31, 2026
PENDING - Private 5.09 acre property on the North Bench with two homes!
Show More

Share This: