On the recordDecember 12, 2001
With regard to the issue of whether State law still applies or whether State law must be complied with in the transfer, let me ask the question. The additional question I wanted to raise is whether State law applies. The Senator from Nevada indicated State law would still be required to be complied with in any transfer of water rights. In Idaho, as I am sure in many States, when a water right is transferred the State authority evaluates it and takes into account a number of considerations before they authorize the transfer. Will it injure any other water user rights? Are the priorities established in State law for the use of the water being met? Is the Senator telling us that if a landowner wanted to participate and yield his water rights in this new acreage that the State water law would still be applicable and the State authorities could say this does not fit the requirements of State law and prohibit that transfer?
Source
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