Federal Government Fails to Block Idaho Water Rights Forfeiture Laws, Court Strikes Some State Laws

The U.S. District Court for Idaho partially struck down a series of statutes that regulate water rights on federal lands.

The Idaho state flag hangs in the State Capitol in Boise, Idaho, on Jan. 9, 2023. Kyle Green/AP Photo

The U.S. District Court for the District of Idaho partially struck down several Idaho laws regulating water rights on federal lands. The court found some provisions unconstitutional but upheld a law concerning the forfeiture of water rights if they remain unused.

The case arose from a 2022 lawsuit by the federal government against the state and the Idaho Department of Water Resources (IDWR) that challenged the constitutionality of water rights statutes passed between 2017 and 2022.