Water Allocation
Allocations of new water rights are rapidly becoming infrequent in Idaho with the exception of domestic exempt rights (established de-facto under Idaho Code), and non-consumptive rights. Most areas of Idaho are now administrated under allocation moratoriums. As a result, more and more water right actions are changes to existing water rights or what the Idaho Department of Water Resources refers to as “Transfers.” Transfer applications are deceivingly complex. To be successful, one has to be knowledgeable, experienced, and keep abreast of changing regulatory policies and be fully engaged in the subtle nuances of the process.
Water trading is the process of buying and selling of water access entitlements, also often called “water rights”. The terms of the trade can be either permanent or temporary, depending on the legal status of the water rights. Some of the western states of the United States have specific water trading schemes.
RMEA evaluates, documents and confirms the legal description of real estate for the purposes of evaluating water rights. We use GPS and GIS software to determine the proximity of legal descriptions; however, we are not licensed surveyors and cannot confirm legal descriptions for boundary disputes.
RMEA can evaluate and document the “Beneficial Use” Proof required by the IDWR. Keith C. Wilson worked for IDWR for 26 years performing these evaluations. We are aware of the pitfalls and problems that can arise from a poor or rash decision regarding “Beneficial Use” requests; it would be in your best interest (even if we don’t assist you) that you have expert assistance in this process.
RMEA can evaluate water rights for future development. Not only can we evaluate existing water rights but we may be able to locate available rights for transfer and sale to your property.
RMEA can evaluate water rights for re-allocation which, in the State of Idaho, is to transfer a water right to another entity. Keith C. Wilson is an expert in this area and is one of two persons in Eastern Idaho that is capable of complex transfers (the other individual works for the IDWR and is unavailable for private consulting).
RMEA can evaluate water rights for Transfer to other real estate. This service is core to our water right business, and we do this every working day because we know Idaho water rights laws and administrative requirements.
RMEA can evaluate, document and assist clients in the selling, leasing, or legal transfer of water rights to another entity. We know the process, and we have strong working relationships with the individuals who process these applications when sent to the IDWR.