House Bill 718 Summary

• Codifies legislative intent from the Joyce Livestock Company v. United States of America case (144 Idaho 1) to protect Idaho stockwater right holders from federal government encroachment by establishing that federal agencies cannot obtain stockwater rights unless they actually own livestock and put water to beneficial use.

• Creates a forfeiture procedure requiring the director of the department of water resources to compile a list of all federal agency stockwater rights within 90 days, submit it to the appropriate federal agency, and then issue an order to show cause requiring the federal agency to defend why the right should not be forfeited.

• Provides stockwater right owners a right to an administrative hearing within 21 days of service; if no hearing is timely requested, the right is automatically forfeited; if a hearing is held, the director may issue a final forfeiture order subject to judicial review.

• Restricts the use of federal agency-acquired stockwater rights to livestock watering only unless the state of Idaho approves otherwise pursuant to section 42-222, Idaho Code.

• Applies forfeiture provisions only to stockwater rights decreed to the United States based on beneficial use claims, not to rights based on federal law or acquired under chapter 2, title 42; does not prevent current federal grazing permit/lease holders from filing new claims under Idaho law.