ID S1278

Adds 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 under Idaho Code Chapter 14, Title 42; permitted or licensed by the Department of Water Resources under Chapter 2, Title 42; or established through constitutional methods of appropriation.

Property transfers within irrigation districts pass statutory rights and obligations regarding water distribution and assessments apportioned by the district.

Property transfers within city irrigation systems and ground water districts pass corresponding statutory rights, obligations, water distribution rights, and assessment obligations.

Property entitled to receive water from canal companies, ditch companies, or other water delivery entities passes related distribution and assessment rights and obligations subject to the entity's bylaws.

Non-appurtenant water rights and entitlements do not pass with property transfers.

Effective date: July 1, 2022.