Senate approves three water measures: irrigation lien clarification, water-rights forfeiture fixes and $30M ongoing water infrastructure appropriation

BOISE, Idaho — The Idaho Senate on March 3 approved three separate but related water measures addressing irrigation assessment liens, water-rights forfeiture rules for the water supply bank, and an ongoing $30 million appropriation for statewide water infrastructure managed by the Idaho Water Resource Board.

Senate Bill 10-82: assessment lien priority Senate Bill 10-82, sponsored on the floor by Senator Burton Shaw and reported by the Resources and Environment Committee, clarifies that irrigation district assessment liens have first priority on the property assessed. Burton Shaw said the change aligns assessment lien treatment with existing tax-lien mechanics used by canal companies and clarified how unpaid assessments are collected. The Senate passed SB 10-82 by a roll-call vote that produced 34 in favor and 1 absent; the bill will be transmitted to the House.

Senate Bill 10-84: water-right forfeiture and the water bank Senate Bill 10-84, also sponsored by Senator Burton Shaw, amends Idaho law on forfeiture of water rights. Under existing law described in Idaho Code §42-22-22, water rights can be forfeited after five years of nonuse. The bill clarifies that placing a water right in the state water supply bank pauses the forfeiture clock while an owner participates in the bank; when a water right is removed from the supply bank the five-year clock restarts, and if a third party rents the right the clock can begin anew. The Senate approved SB 10-84; the floor used the SB 10-82 roll call for SB 10-84 and reported a final vote consistent with prior counts (34 ayes, 0 nays, 1 absent).

Senate Bill 11-28: $30 million continuous appropriation to Idaho Water Resource Board Senate Bill 11-28 creates a continuous appropriation of $30,000,000 to be administered by the Idaho Water Resource Board for planning, constructing, rehabilitating and improving water infrastructure across the state's four water districts. Burton Shaw described extensive statewide needs, listing projects and the board’s regional priority lists, including a range of projects from aquifer management to dam raises.

Floor debate on SB 11-28 focused on accountability and project readiness. Senator Seidenfeld and others said a significant amount of previously appropriated money remains unobligated on currently authorized projects, and they asked the Water Board to prioritize dig-ready projects before additional appropriations. Senator Lenny and others raised concerns about oversight and sought a sunset or clearer reporting/accountability. Supporters, including Senator Cook and others, said the appropriation is meant to provide stable, ongoing funding for long-term projects that require multi-year commitments and that the Water Board will report annually to the governor and legislature.

The vote count for SB 11-28 was 24 in favor, 10 against and 1 absent. The bill passed the Senate and is scheduled to be transmitted to the House.

Votes at a glance - SB 10-82 (irrigation assessment lien priority): Passed — 34 yes, 0 no, 1 absent. - SB 10-84 (water-right forfeiture & water bank timing): Passed — 34 yes, 0 no, 1 absent (roll-call reused from SB 10-82). - SB 11-28 ($30M continuous appropriation for water infrastructure): Passed — 24 yes, 10 no, 1 absent.

Next steps: Each bill will be transmitted to the Idaho House of Representatives for consideration. Supporters said the Water Resource Board will submit annual reports detailing expenditures and project progress as part of the bill’s reporting provisions.