ID H0615

Water right forfeiture claims must be proven by clear and convincing evidence, shifting the burden of proof to the party asserting forfeiture.

Water rights protected from forfeiture for nonuse include those held by municipal providers for anticipated future needs, in federal cropland set-aside programs, used for waste disposal, or subject to ground water management plans.

Water rights in water supply banks, leased or rented under specified provisions, or used for director-approved mitigation purposes cannot be lost due to nonuse.

Water rights held by irrigation districts, Carey Act companies, or similar entities cannot be forfeited due to nonuse by individual landowners or members unless the entity controls the nonuse.

A water right is not forfeited if use resumes within the five-year nonuse period before a third party institutes forfeiture proceedings, obtains a prior-dated water right, or uses water made available by the nonuse.