Brigham Young University Prelaw Review


Water Law, Prior Appropriation, Beneficial Use, Water Right Transfer, Watermaster, Idaho Department of Water Resources


As with many other western states Idaho water law is based on “prior appropriation,” with a requirement that water be put to a “beneficial use.” In the transfer of a water right there are also expectations that no other water rights be injured in the process, and that there will not be an enlargement of the water right in question. Examining how these criteria relate to each other combined with incorporating practices from other western states will help avoid stagnation in Idaho’s water right transfer system. Ultimately a more fluid exchange of water rights will provide be beneficial for a state expecting population growth.

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