ID H0748

Adds new Section 55-616 to Idaho Code establishing that appurtenant water rights pass automatically with real property transfers unless the seller explicitly reserves them in the conveyance document.

Water rights covered include those decreed by court order, permitted or licensed by the Department of Water Resources, or established by constitutional appropriation methods.

Property transfers within irrigation districts automatically pass statutory rights and obligations related to the district's water distribution and assessments.

Property transfers in city irrigation systems and ground water districts automatically pass statutory rights, obligations, and assessment responsibilities associated with those entities.

Water rights and entitlements that are not appurtenant to the real property do not pass with a property transfer; the law becomes effective July 1, 2022.