Idaho's Constitutional Law allocates water, both surface and ground, consecutively via the prior appropriation doctrine.
Senior water right users, those whose own the older rights, are primarily surface water users. Groundwater users are typically junior water right holders because groundwater pumping from the ESPA was implemented much later.
Water is owned by the public - but the state of Idaho is responsible for granting the right to use that water.
Water is private property based on who, how much, and in what order each individual receives their share of the resource.
The Eastern Snake Plain Aquifer supplies fresh water to most of southern and eastern Idaho, providing agricultural irrigation, drinking water, and outdoor recreation. However, the ESPA's current levels are at or near historic lows.
This natural aquifer must be protected, meaning more water needs to go in than what is currently being pumped out.
DECEMBER 13, 2024
AUGUST 18, 2024
JULY 26, 2024
Idaho, United States
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