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While there are still a few circumstances where a new water right can be acquired from the Idaho Department of Water Resources (IDWR), new water demands are most often met by purchasing existing water rights and changing the point of diversion, place of use, and sometimes the nature of use?referred to as a water right ...
The Right of Way Section of the Idaho Transportation Department is responsible for the acquisition of all property required for highway construction, material sources and maintenance shed sites.
Idaho law recognizes that a landowner may claim a right-of-way across the land of another for purposes of obtaining water for irrigation. Idaho Code § 42-1102. The right-of-way is for purposes of building a canal, ditch or conduit to deliver water to the land being irrigated.
The Board establishes the price for renting water rights from their bank. Presently, the Board has established that the price for water right rentals should be $20/af through 2022, and then $23/af beginning in 2023.
Public records ? Right to examine. (1) Every person has a right to examine and take a copy of any public record of this state and there is a presumption that all public records in Idaho are open at all reasonable times for inspection except as otherwise expressly provided by statute.
Idaho's waterways are owned by the State as a public trust resource.
Section 55-617 - APPURTENANT WATER RIGHTS AND WATER ENTITLEMENTS AND OBLIGATIONS PASS WITH PROPERTY (1) A transfer of real property passes appurtenant water rights decreed by court order pursuant to chapter 14, title 42, Idaho Code, permitted or licensed by the department of water resources pursuant to chapter 2, title ...
A water right is authorization to use water in a prescribed manner, not to own the water itself. Without diversion and beneficial use, there is no water right.