TITLE 55

PROPERTY IN GENERAL

CHAPTER 6

TRANSFER OF REAL PROPERTY

55-617.  Appurtenant water rights and water entitlements and obligations pass with property. (1) A transfer of real property passes appurtenant water rights decreed by court order pursuant to chapter 14, title 42, Idaho Code, permitted or licensed by the department of water resources pursuant to chapter 2, title 42, Idaho Code, or established by the constitutional method of appropriation, and that are owned by the seller and are not reserved by the seller in the instrument of conveyance.

(2)  A transfer of real property included in an irrigation district that operates pursuant to title 43, Idaho Code, to which the district has apportioned the right to receive water from the district’s water rights, passes the statutory rights and obligations of the property relative to the district’s distribution of water and assessments.

(3)  A transfer of real property included in a city irrigation system that operates pursuant to chapter 18, title 50, Idaho Code, to which the city has apportioned the right to receive water from the city’s water rights, passes the statutory rights and obligations of the property relative to the distribution of water and assessments.

(4)   A transfer of real property included in a ground water district that operates pursuant to chapter 52, title 42, Idaho Code, to which the district has levied assessments or apportioned mitigation plan obligations, passes the statutory rights and obligations of the property relative to such assessments and obligations.

(5)  A transfer of real property that is entitled to receive water from the water rights of a canal company, ditch company, association, or other water delivery entity, passes the rights and obligations of the property relative to the entity’s distribution of water and assessments as evidenced by stock ownership, or other evidence of an entitlement to receive water, subject to the bylaws of the water delivery entity.

(6)  A transfer of real property does not pass water rights or water entitlements and obligations that are not appurtenant to the real property.

History:

[(55-617) 55-616, added 2022, ch. 267, sec. 1, p. 857; am. and redesig. 2023, ch. 218, sec. 20, p. 643.]