REVISED
STATEMENT OF PURPOSE
RS27940 / H0615
This amendment will codify long-standing standards relating to the forfeiture of water rights, as most recently
stated by the Idaho Supreme Court in Sagewillow, Inc. v. Idaho Department of Water Resources, 138 Idaho 831
(2003), and Barnes v. Jackson, 163 Idaho 194 (2018). The amendment codifies the requirement that forfeiture
of a water right must be proved by clear and convincing evidence, and the circumstances under which a water
right owner may avoid a forfeiture by resuming use of the right before a third party establishes a claim of right
to the water.
FISCAL NOTE
This amendment will have no impact to the General Fund because it codifies existing standards applicable to
water right forfeitures, and does not impose new or additional administrative requirements.
Contact:
Representative Scott Bedke
(208) 332-1000
DISCLAIMER: This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent
of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative
process, including judicial review (Joint Rule 18).
Statement of Purpose / Fiscal Note Bill SOP/FN REVISED: 03/09/2020, 4:19 PM


Statutes affected:
Bill Text: 42-222, 42-223