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Senate passes change to water‑right forfeiture rules tied to water banks
Summary
Senate Bill 10‑84 adjusts Idaho law so that placing a water right into the state water supply bank pauses the five‑year forfeiture clock; when removed from the bank the clock restarts, a sponsor said the change protects rights during probate and rental periods.
Boise — The Idaho Senate passed Senate Bill 10‑84 on March 3, a bill that amends state law on water‑right forfeiture so that a water right placed into the state water supply bank does not count toward the five‑year forfeiture clock while in the bank.
Sponsor Senator Burton Shaw explained that under current law a water right can be forfeited for nonuse after five years. The bill would pause that clock while the right is in the supply bank and restart the clock when the right is removed, and it also clarifies treatment when a right is rented by a third party. Burton Shaw said the change is intended to protect owners who temporarily bank or rent rights — for example, while probating an estate.
On the floor, members asked questions about whether water banked could be leased to non‑agricultural users; the sponsor said typically agricultural (AG) water is rented for that purpose but acknowledged users “lose control” while rights are in the supply bank. A senator asked whether rights can remain in the water bank indefinitely; the sponsor said rights can stay in the water bank for five years and if removed the forfeiture clock restarts.
The Senate adopted the roll call used for an earlier vote and the result recorded on the floor was 34 ayes, 0 nays and 1 absent; the bill passed and will be transmitted to the House.
Senate action: SB 10‑84 passed the Senate with the sponsor emphasizing protections for property owners and families managing water rights during transitions such as probate or rental arrangements.
