Amends and adds to existing law to provide legislative intent regarding certain stockwater rights; to provide for the forfeiture of certain stockwater rights and to provide a procedure; and to clarify that if any agency of the federal government acquires a stockwater right, that right shall never be utilized for any purpose other than watering of livestock unless otherwise approved by the state.
STOCKWATER RIGHTS -- Amends and adds to existing law to provide legislative intent regarding certain stockwater rights; to provide for the forfeiture of certain stockwater rights and to provide a procedure; and to clarify that if any agency of the federal government acquires a stockwater right, that right shall never be utilized for any purpose other than watering of livestock unless otherwise approved by the state.
STATEMENT OF PURPOSE
Current statute codifies the landmark stockwater rights case of Joyce Livestock Co. v. United States holding that an agency of the federal government cannot obtain stockwater rights under Idaho law unless it actually owns livestock and puts the water to beneficial use. Prior to the Idaho Supreme Court's 2007 decision in JoyceLivestock, thousandsofstockwaterrightsweredecreedtoorpermittedinthenameoffederalagencies. This legislation will require the Idaho Department of Water Resources to issue a show cause letter to the federal agencies. Due process is provided to the agencies to prove they have put their stockwater rights to beneficial use in the last five years.
HOW THEY VOTED
House Third Reading
YEA (67)
NAY (0)
ABSENT / NOT VOTING (3)
Senate Third Reading
YEA (35)
NAY (0)
LATEST ACTION
U.C. to be returned to Resources & Conservation Committee