Can a Water Right be Changed?

The point of diversion, place of use, period of use, or nature of use of a water right may be changed so long as the change meets certain conditions as described below.

After May 26, 1969, any person wishing to make a change in use of the water right must file an application of transfer with IDWR for approval of the change. IDWR may approve the proposed change if it:

1. will not injure other water rights,
2. does not constitute an enlargement of the original water right,
3. is a beneficial use,
4. is consistent with the conservation of water resources within the state of Idaho, and
5. is in the local public interest.

IDWR may approve the change in whole, in part, or approve it subject to conditions where necessary to meet those five requirements. If the proposed change does not meet those five requirements, then the proposed change is not approved and the application for change is denied.

A special note: Section 42-222A of the Idaho Code authorizes IDWR to shortcut the usual change procedures and to issue emergency transfers during drought conditions.