Idaho Supreme Court Protects Water Storage Rights as Property Rights

Idaho’s Supreme Court issued a decision in American Falls Reservoir v. Idaho Department of Water Resources holding in part that storage rights of water districts are vested property rights.

The Court cited to a provision in the state’s Rules for Conjunctive Management of Surface and Ground Water Resources which allows “the holder of a surface water right storage rights shall be entitled to maintain a reasonable amount of carry-over storage to assure water supplies for future dry years.” The Idaho Supreme Court, in holding the State’s Rules facially constitutional, noted a water rights holder “may acquire storage water rights and receive a vested property date and quantity, just as with any other water right.” These storage rights are “property rights entitled to legal protection.”

American Falls Reservoir Dist. No. 2 v. Idaho Dept. of Water Resources, 2007 WL 677947 (Idaho).

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