The director of the department of water resource

[samiaseo222]

A letter, dated October 31, 2001, from the Idaho Attorney General advises holders of water rights on the Nez Perce Indian Reservation that the Tribe has cross filed water rights claims on all springs existing on what was formerly the reservation circa 1855.


They are claiming the right to 50 percent of the water from these springs. If this stands, under the previous definition of senior water rights, the Tribe's rights would probably be ruled senior, as they are basing their claim on language contained in the treaty of 1863. Therefore, if you were the holder of a sole water right to one of these springs, you would then become the junior water right holder. Under the Constitution of the state, the tribe would get the first available water, and you would get what's left.

Now, let's look at the statutes. I will only cover phone number list the highlights. These statutes are all found under title 42, Idaho Code, should you wish to research them yourself.



a. To require all flowing wells to be so capped or equipped with valves that the flow of water can be completely stopped when the wells are not in use.

d. To go upon all lands, both public and private, for the purpose of inspecting wells, pumps, casings, pipes, and fittings, including wells used or claimed to be used for domestic purposes.

e. To order the cessation of use of a well pending the correction of any defect that the director of the dep't. of water resources has ordered corrected.

g. To prohibit or limit the withdrawal of water from any well during any period that he determines that water to fill any water right in said well is not there available.