idaho lawyer who specializes in irrigation issues

Full Answer

What is an irrigation company?

These are privately-formed, non-profit, fee-collecting companies that furnish delivery of water for irrigation purposes. A company holds water rights and members own shares in the company.

Who are the clients of a water law attorney?

These clients span many industries, including agriculture, manufacturing, utilities, oil, gas, mining, hospitality, banking, real estate and other water users. The Governor of Arizona has called upon our water law attorneys to serve as Arizona’s representatives to the Western States Water Council.

Why Hire Our Southwest water lawyers?

Our attorneys provide advice to clients throughout the Southwest on a wide variety of water law issues, such as: Underground storage, groundwater savings facilities and recharge projects Clients of the water law team represent a broad spectrum of water users and those with interests in the ongoing surface water rights adjudications.

What is the difference between a private irrigation and Reservoir Company?

Private irrigation companies typically elect boards of directors and often adopt by-laws. Larger companies generally employ several people. Reservoir companies are private companies that own water rights to store water in reservoirs and deliver water from reservoirs to company patrons.

Who is T.J. in Idaho?

What is Dave's law practice?

Who is Patrick Mahoney?

About this website

What does it mean to have water rights in Idaho?

Idaho's waterways are owned by the State as a public trust resource. A water right is the right to divert the public waters of the State and put them to beneficial use. A water right is a “usufructuary right,” meaning a right to use, as opposed to a right to possess.

Do you need water rights for a well in Idaho?

Idaho generally requires a person seeking a water right to follow an administrative process with the Idaho Department of Water Resources requiring (1) submission of an application to make the water appropriation; (2) issuance of a water right permit; and (3) perfection of the permit (once the water is developed) ...

Can you sell water rights in Idaho?

Water right transactions are unique for two major reasons. First, there is no listing service for water rights. Buyers must actively search out potential water rights to purchase by making direct contact with existing water right owners. Sellers must do the same when seeking out potential buyers.

How much does it cost to drill a water well in Idaho?

Well drilling costs $15 to $25 per foot for the drilling process only. Installing a complete well water system costs $25 to $65 per foot, irrigation wells run $50 to $100 per foot, and geothermal wells are $15 to $40 per foot.

Can I drill my own water well in Idaho?

(2) It shall be unlawful for any person to drill a well in Idaho, including wells excepted under sections 42-227 and 42-228, Idaho Code, without first complying with the provisions of this chapter.

Do water rights transfer with property Idaho?

Generally, water rights are appurtenant to the land upon which the water is applied. When the land is transferred to a new owner, the new owner will acquire the water rights as well, unless the grantor specifically reserves the water rights.

Who has the oldest water rights in Idaho?

Idaho Water Supply Bank Idaho has one of the oldest water banking systems in the U.S., which dates back to the 1930s.

Can you irrigate from a creek?

Yes, from a physical standpoint it is not difficult to pump the water. The cost depends on how fancy you make it. My parents had a cabin on a river in Oregon. They simply had a small portable pump that sat on a concrete block and was chained to a tree.

Welcome to Michael Short

Barker Rosholt & Simpson LLP is pleased to announce that Michael A. Short has joined the firm as an associate attorney in the Boise office. After graduating magna cum laude from St. John’s University, with a B.A. in Philosophy, Mr. Short received his Juris Doctor from Loyola University New Orleans College of Law in 2010.

Our Founding Partner John Allen Rosholt

Our friend, senior partner, mentor and incomparable water lawyer, John Rosholt, passed away in 2019 after practicing for more than 50 years. We continue to be guided by his insight, his dedication to client service and his commitment to Idaho’s water community.

Commitment

Committed to building long-lasting relationships with our clients in order to provide the most effective and comprehensive counsel.

Dedication

A dedicated team of attorneys who work diligently to gather the most up-to-date knowledge and information about the emerging legal and administrative challenges that you and your business face.

Authority

The experience of our attorneys in all areas of natural resource and environmental law provides you an authoritative voice in any litigation, negotiation, or administrative challenge that you face.

Areas of Practice

The attorneys of Barker Rosholt & Simpson LLP represent irrigation districts, canal companies, and individual farmers and ranchers with their water rights needs.

Get a Consultation

Come meet with us. We are more than happy to assess your situation and advise you on what we suggest is best for you.

Who is T.J. in Idaho?

T.J. represents cities, corporations, banks, developers, and landowners throughout Southern Idaho in a wide range of complex transactions, administrative proceedings, litigation, and appeals. He has assisted with some of... Read More »

What is Dave's law practice?

Dave’s practice focuses on estate planning, probate and trust administration, tax matters, and business formation and transactions. He has a Masters degree in tax law from the University of Florida—recognized... Read More »

Who is Patrick Mahoney?

Patrick Mahoney of Mahoney Law PLLC is an established, top Idaho medical malpractice and personal injury attorney with over two decades of experience serving all of Idaho. In the last ten years alone, Mahoney Law has... Read More »

What is private irrigation company?

Private irrigation companies are commonly referred to as irrigation companies, canal companies, mutual ditch companies (or "ditch companies"), and reservoir companies. These are privately-formed, non-profit, fee-collecting companies that furnish delivery of water for irrigation purposes. A company holds water rights and members own shares in the company. Water is normally allocated annually by share, and shareholders pay assessments for maintenance of water conveyance infrastructure and related expenses. The size and number of ditches or canals administered by such companies vary. Private irrigation companies typically elect boards of directors and often adopt by-laws. Larger companies generally employ several people. Reservoir companies are private companies that own water rights to store water in reservoirs and deliver water from reservoirs to company patrons.

Why do irrigation districts exist?

Irrigation districts are typically formed to raise money for large irrigation projects that might not be feasible for individual irrigators or private investors . Irrigation districts may employ staff to deliver water and maintain water diversion and delivery infrastructure.

Client and Industry Challenges

Businesses and government entities facing water law concerns often need experienced water law counsel to provide strategic and substantive guidance on the water rights, water supply, water transfers, water quality, groundwater, federal reclamation, public agency, and compliance-related water issues that arise amidst a constantly evolving legal and political landscape..

Clients We Serve

Clients of the water law team represent a broad spectrum of water users and those with interests in the ongoing surface water rights adjudications. We have represented political subdivisions and private industry, along with developers, industrial users, farmers and other water providers and consumers.

Why Clients Select Us

Comprehensive, Dedicated Water Services: Our water rights attorneys regularly advise clients on water rights adjudications, on the sale, lease and transfer of water rights and in water rights litigation.

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Who is T.J. in Idaho?

T.J. represents cities, corporations, banks, developers, and landowners throughout Southern Idaho in a wide range of complex transactions, administrative proceedings, litigation, and appeals. He has assisted with some of... Read More »

What is Dave's law practice?

Dave’s practice focuses on estate planning, probate and trust administration, tax matters, and business formation and transactions. He has a Masters degree in tax law from the University of Florida—recognized... Read More »

Who is Patrick Mahoney?

Patrick Mahoney of Mahoney Law PLLC is an established, top Idaho medical malpractice and personal injury attorney with over two decades of experience serving all of Idaho. In the last ten years alone, Mahoney Law has... Read More »