Idaho Real Estate Practice Exam

Which doctrine helps the parties determine their rights to water flowing over their land in Idaho?

1. Doctrine of Riparian Rights

2. Doctrine of Prior Appropriation

3. Doctrine of Water Shares

4. Doctrine of Water Rights

The correct answer is: Doctrine of Prior Appropriation

The Doctrine of Prior Appropriation is the correct choice for determining water rights in Idaho. This doctrine is rooted in the principle of “first in time, first in right,” which means that the first person to divert and use a specific amount of water for a beneficial purpose has a superior claim to that water over others who may seek to use it later. This system is particularly relevant in regions like the arid West, including Idaho, where water resources are limited. Under the Doctrine of Prior Appropriation, water rights are established based on the actual use of the water rather than ownership of the land adjacent to the water source. This is important in Idaho, as many users may need to rely on diverted water from rivers and streams for agriculture and other uses, making the timing and documentation of that appropriation crucial. In contrast, the Doctrine of Riparian Rights is typically applied in areas with abundant water resources, where landowners have rights based on their property’s adjacency to a water body. The Doctrine of Water Shares and the Doctrine of Water Rights are terms that may refer to specific regulations or frameworks within the larger context of water rights but don't specifically define the underlying principle that governs water distribution in Idaho. Thus, Prior Appropriation serves as the foundational