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Idahos waterways are owned by the State as a public trust resource. A water right is the right to divert the public waters of the State and put them to beneficial use. A water right is a usufructuary right, meaning a right to use, as opposed to a right to possess.
Idaho water law does not require obtaining a water right for drilling one of these wells and allows them to pump up to 13,000 gallons each day for a half-acre of land. Some, particularly in the agricultural community, think the laws around domestic wells should change.
Generally, water rights are appurtenant to the land upon which the water is applied. When the land is transferred to a new owner, the new owner will acquire the water rights as well, unless the grantor specifically reserves the water rights.
This Idaho stockwater conflict began when the federal government claimed thousands of stockwater rightswater rights used for livestockon Idaho lands through a state process that many ranchers did not fully understand or were unaware of.
The constitution and statutes of the state of Idaho protect private property rights, including water rights. The right to divert the public waters of the state of Idaho and put them to a beneficial use, in ance with ones priority date.
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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.

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