ID HJM003

The U.S. Department of Justice sued Idaho on June 2, 2022 (United States v. Idaho, case no. 1:22-cv-00236-DKG) challenging the state's stockwater forfeiture procedure as violating the Supremacy Clause of the U.S. Constitution.

Idaho courts have upheld state law requiring stockwater rights to be put to "beneficial use" or forfeited, with rulings in Joyce v. United States (2007) and LU Ranching Company v. United States affirming that the federal government is not exempt from this requirement.

The memorial asserts that Congress did not reserve stockwater rights to the federal government and that water law on federal lands should be governed by state law under the U.S. Supreme Court's 1978 decision in United States v. New Mexico.

The legislature directs the Governor to use all available resources to oppose the lawsuit and urges Idaho's congressional delegation (Senators Crapo and Risch, Representatives Simpson and Fulcher) to request the Department of Justice withdraw the suit and take legislative action to protect the state's water sovereignty.

The Chief Clerk is directed to forward copies of this memorial to the President of the Senate, Speaker of the House, and Idaho's congressional delegation.