New Developments for Conjunctive Management in Idaho: Why Our Expanding Understanding of Science Should Expand How We Address the Doctrine Against Waste in Idaho Water Right Transfers

Abstract

Idaho’s Eastern Snake Plain Aquifer ("ESPA"), like many places throughout the West, is facing an impending crisis caused by overuse of existing water supplies. This paper describes the severity of the water issues in southern Idaho. It explains how the ESPA is a uniquely complex place, which hinders attempts to solve its hydro-logical issues. As a result, our current definition of waste should be expanded to fit our growing understanding of hydrology and conjunctive management, which would consequently alter the relationship between injury and waste in water transfers. This paper discusses the best manner for determining injury in an area as complex as southern Idaho and describes some hydro-logically sound incentives for water conservation in Idaho.

Keywords: Water Law, Conjunctive Management, Conjunctive Administration, Water Use