Idaho Drought Declarations

Upon a declaration of a drought emergency by the Director of the Idaho Department of Water Resources and approved by the Governor, Idaho Code § 42-222A allows the Director to approve, without advertisement, the temporary transfer of a point of diversion, place and purpose of use of valid existing water rights, or temporary exchanges of water authorized to be diverted under certain circumstances.  The temporary changes “shall only be approved for the purpose of providing a replacement water supply to lands or other uses which normally have a full water supply except for a drought condition.”  Idaho Code § 42-222A(6).  Any approval of a change expires no later than December 31 of the year for which the drought emergency is declared.

Up-to-date information on drought declarations may be found on the Idaho Department of Water Resources’ website:  Drought Declarations - Idaho Department of Water Resources.

Additional information for water users on drought may also be found on website developed by the University of Idaho: http://www.uidaho.edu/extension/drought.

Lastly, keeping up-to-date on national trends, can be monitored on a website developed by the University of Nebraska: http://droughtmonitor.unl.edu/.

The attorneys at McHugh Bromley, PLLC stand ready to proactively protect water users and their rights in the face of drought.