Water Rights
Definition
Water rights in Idaho are governed by the doctrine of prior appropriation — ‘first in time, first in right.’ This means that earlier water right holders have priority over later ones during times of water scarcity. In Idaho, domestic groundwater use (household water from a private well) falls under an exempt category that does not require a water right for amounts under 13,000 gallons per day, though well drilling permits are still required. Agricultural and commercial water uses typically require a water right from IDWR in addition to a well drilling permit. Water rights are tied to the land and transfer with property ownership. They must be documented and maintained; abandonment for non-use for five consecutive years is possible under Idaho law.
Frequently Asked Questions
Why Water Rights Matters
How Trident Drilling Company Uses It
Trident Drilling advises clients on when a water right may be required for their intended use and refers them to appropriate resources or legal counsel for water rights matters. While Trident does not administer water rights, the company ensures permit applications reflect the correct intended use type.