Water rights and easements

[victoria melton]

What is the name of your state (only U.S. law)? Idaho

We have spring water to our home, the spring is located on neighbors property and travels to their home and then to ours then travels across my property and under a highway to a business. We have recently learned that because there is a business on the spring we are classified as a public water system and all users on the spring are equally liable for any mismanagement of the spring, subject to fines by the DEQ or SW Health Department.

I have looked in our title insurance and do not see an easement or right a way awarded to the business across the highway to move water from the spring across my property. As homeowners my neighbors and I are not required to be regulated but with the business on the same water source we are now being regulated as a business. Does the business need to provide to me a document showing he has a right to move the water across my property. There were two businesses on the spring one recently was forced off and dug a well after she got caught providing false water samples to the SW Health department. The SW district health department has now disapproved out "water system" Can we as homeowners turn the water off to the business?

 

[drewguy]

I would ask the business for some documentation of water rights from the spring. Water rights are a whole different kettle of fish, and could have been established long ago simply by use of the water by the business or its predecessor. So it's extremely hard to answer without knowing the basis for their claim.

I would also ask them for indemnification with respect to any contamination, etc. They're the ones creating the responsibilities so probably should be the ones to pay for it.

 

[justalayman]

Here is a link that helps explain water rights in Idaho.


Idaho Department of Water Resources