(Idaho Statesman) — Over the weekend, we answered a question that had Idaho drivers questioning whether they’re driving legally or not when they’re in downtown Boise: Can you turn left onto a one-way street on a red light? Now we’re answering another confusing question that could one day cause you issues on the road: Does […]
Wednesday, August 4, 2021
Introduction
In the western United States, water law developed around two main principles: (l) the goal of full beneficial use of water, and (2) the need to afford vested water right holders certainty as to their rights. At the time western water codes developed, these goals were seemingly in harmony rewarding those who needed the water and invested in infrastructure for water use with rights that were enforceable against subsequent appropriators. Over the decades, as water needs and demands were reshaped by changing land use priorities, economics, and technology, these principles began to conflict with each other. Water right holders who had initially beneficially used water, and thus were afforded certainty regarding their future water use through water rights, no longer consistently used the water to which they were entitled. Thus, state water regimes were adjusted to enforce beneficial use requirements through abandonment and forfeiture laws