Legal Question in Real Estate Law in Idaho
Traditional Use rights in Irrigation
We have a Irrigation Assoc, whereby we pay the district for so many acre feet of water. We run the water into a pond, and people in this area (similar to a subdivision) get water from the pond to irrigate land and yards. We made a special agreement with a man that had only 1 acre in our Assoc, but wanted to water 2.5 acres. He would have to invest to get the water from his weir to this area. He wanted to sell the house and land, but wasn't sure if he would sell 1 acre with it, or maybe all 2.5. We agreed to a temporary deal, and that he pay the difference to us for dues, while paying the district for is water. He has done so. However, he has now sold the place, without notifying us, and told the Irrigation District to put that 1.5 in our Assoc. They have asked us if we want that. I know this guy, and he will fight us if we say no. He likes to stand on Traditional Use laws, although this agreement was put into the minutes on 10/00, and clearly stated it would dissolve when the property sold and I reminded him of all this in 5/01, when I saw it go up for sale, with all 2.5 acres. Does he have traditional use rights to that water from our weir? If we say no, are we in for trouble?
1 Answer from Attorneys
Re: Traditional Use rights in Irrigation
In a situation whereby the association owns the water rights,
your neighbor can only get what the association allows him to have.
You didn't say whether or not you own shares in the assoc., but in
order to have water rights, he must apply to the association. However,
water rights are transferred by deed as well. If hte neighbors deed
didn't grant him any water rights, i.e. shares, for example, then he owns
no water rights.
If this agreement was memorialized in the assoc's minutes, I
would think it is clear that he is wrong.
Whether you can get in trouble, I don't know b/c I don't know
your neighbor. Can he sue you? Of course. Can he win? I don't
think so.
However, to say for sure, I would need additional info regarding
what the deeds in your area grant or don't grant. If he doesn't own
the water right, he can't sell the right he doesn't own.
I charge $120 per hour for the work I do. Please contact me if you
need additional legal services. I also give a half hour free consultation
so come in and we'll talk about it.
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