Idaho bill seeks clarity on stockwater ownership rights

Idaho House Bill 603 seeks to amend the state’s legal code to clarify ownership rights on stockwater. It also seeks to “clarify that if an 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,” read the bill. The bill cites the 2007 Supreme Court case Joyce Livestock Company v. United States of America. That decision found in favor of the livestock company and noted that the federal government, as an appropriator of stockwater rights, was required to “actually apply the water to a beneficial use,” and that “federal ownership of management of the land alone does not qualify it for stockwater rights.” The bill stated point-blank: “It is the intent of the Legislature to codify and enhance these important points of law from the Joyce case to protect Idaho stockwater right holders from encroachment by the federal government in navigable and nonnavigable [sic] waters.” The bill was submitted to the Idaho Legislature Feb. 15 and referred to committee the next day. — WLJ