Book Description

As the State of Idaho matured over the last 100 years, its population and economy have grown and Idahoan values have diversified. Recognized beneficial uses of water reach beyond the original agricultural and mining uses that helped build the early economy of the state, to aesthetics, fish and wildlife habitat, and recreation that help fuel the modern service-based economy. Idaho water law, with its foundation in the Prior Appropriation Doctrine, has had difficulty keeping up with change. The "First in time, first in right" requirement of the doctrine limits the availability of water for newer beneficial use demands from a society with diversifying modern values. The State of Idaho recognized instream beneficial uses and currently has 4 methods to achieve instream flows; through a federally reserved water right, the Idaho Minimum Stream Flow Act, the Idaho Protected Rivers program, and water banks (including the Board's Water Supply Bank and local water rental pools). Four case studies (Idaho Water Supply Banks, the Lemhi River Minimum Stream Flow and Local Water Rental Pool, the Wood River Minimum Stream Flow and Local Water Pool, and the 2005 Nez Perce Tribe Snake River Water Rights Settlement Agreement) were explored to develop an in depth understanding of each individual instream flow achievement and an overall comprehension of the legal, social, biological, and physical challenge to all instream flows. Recommendations for improving Idaho instream flows and associated water policies and law include fostering collaboration, carefully reducing water market controls while maintaining sensitivity to the human dimension, allowing individuals to hold instream water rights, maintaining seniority of water rights transferred from consumptive to instream rights, facilitating monitoring, and improving and reauthorizing the Wood River Rental Pool.