Remain cautious when requesting water rights

Dear editor,

Water rights are complex, complicated and confusing. The purpose of obtaining a stock water right is to legally secure the right to use a specific amount of water from a source, like a river or stream, solely for the purpose of watering livestock and ensuring access to a reliable water supply, especially in an area where water availability can be limited.

A stock water right is considered beneficial of water, meaning it’s specifically designated for livestock consumption and not for other purposes. Idaho waterways are owned by the state as a public trust resource.

A water right is the right to divert the public water of the state and put them to beneficial use.

A water right is a “usufructuary right,” meaning a right to use this water as opposed to a right to possess it.

If a person misuses their water right by using it for a purpose other than what it was allocated for, like stock watering, they could face legal consequences, potentially losing their water right completely or being forced to modify its usage to comply with the “intended purpose,” depending on the specific laws in their jurisdiction. This is often referred to as “forfeiture” of the water right due to non-beneficial use.

Water rights can also be severe or persistent, then the water right could be revoked or reduced. The water right user may be required to modify their water rights to use it for a more appropriate purpose.

Be credulous with your request for water rights.

– Rhonda O’Hanley, Glenns Ferry