Idaho Constitution Article XV - Water Rights
Idaho Constitution – Article XV: Water Rights
This article establishes legal principles governing water use and ownership in Idaho. It reflects the state’s semi-arid climate and strong emphasis on beneficial use and local control of water resources.
Here’s a section-by-section summary:
Section 1: Use of Waters a Public Use
The use of all waters in Idaho is declared a public use.
This allows the state to regulate water use for the benefit of the public (e.g., irrigation, mining, manufacturing, domestic use).
Section 2: Right to Collect and Distribute Water
Individuals and entities have the right to collect, store, and distribute water for sale, rental, or distribution, subject to regulation.
Prior appropriation and beneficial use guide water rights (i.e., “first in time, first in right”).
Section 3: Priority of Appropriation
Establishes the doctrine of prior appropriation: the first person to use water for a beneficial purpose has the superior right.
Beneficial use is the basis, measure, and limit of the right to use water.
Section 4: Irrigation of Lands
Encourages the construction of canals and ditches to irrigate arid lands.
Permits individuals or corporations to build systems to carry water over others’ lands with compensation (right of way).
Section 5: Rights of Way for Ditches
The right of way is granted for the construction of ditches, canals, and flumes for irrigation and drainage across lands, under law and compensation.
Section 6: Water Rights Not Affected by Corporate Ownership
Water rights held by corporations are treated the same as those held by individuals; ownership by a corporation does not alter the nature of the right.
Section 7: Local Water Rights Adjudication
Authorizes local control and adjudication of water rights through appointed boards or courts.
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