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A licensed Idaho real estate salesperson is advising a client purchasing irrigated farmland in Gooding County. The salesperson reviews the prior appropriation water rights associated with the property. Which of the following is NOT a characteristic of water rights under Idaho's prior appropriation doctrine?

Correct Answer

C) Water rights are automatically granted to landowners whose property is adjacent to a water source.

Option C is NOT a characteristic of Idaho's prior appropriation doctrine — it is actually the defining feature of the riparian rights doctrine, which Idaho does not follow. Under Idaho Code Title 42, owning land adjacent to a river, creek, or other water source does not automatically grant any right to use that water. Water rights in Idaho must be separately appropriated, documented, and transferred.

Answer Options
A
Water rights can be bought, sold, and transferred separately from the underlying land.
B
Water rights are allocated based on the seniority of the appropriation date.
C
Water rights are automatically granted to landowners whose property is adjacent to a water source.
D
Water rights are administered by the Idaho Department of Water Resources.

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Related Topics & Key Terms

Key Terms:

prior_appropriationwater_rightsreverse_questionriparian_rights_contrastidaho_department_of_water_resources

Related Concepts

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