Whittaker v. Idaho Department of Water Resources
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This case arises from a water rights dispute in Idaho. The McConnells sought to transfer their water rights to a new point of diversion on Lee Creek. Their upstream neighbor, Whittaker, protested the application, arguing that the new diversion would infringe upon his water rights. The Idaho Department of Water Resources (IDWR) approved the transfer, finding that it would not injure Whittaker's water rights. The IDWR used the historic confluence of two creeks to make this determination, asserting that if the confluence was above the McConnells’ diversion point, then Whittaker’s upstream water right was already subject to the McConnells’ senior water rights and the transfer wouldn't injure Whittaker's rights.
On review, the district court disagreed with IDWR’s use of the historic confluence, instead favoring the modern confluence which was downstream of the McConnells' diversion point. This meant that the transfer would injure Whittaker's water rights.
The Supreme Court of the State of Idaho reversed the district court's decision. The Supreme Court held that the West Springs Ditch, which altered the natural flow of the creek and created the modern confluence, was an unauthorized diversion of water. Therefore, the historic confluence should be used in the injury analysis, and the approval of the McConnells’ transfer application would not injure Whittaker’s water rights. The case was remanded for further proceedings in accordance with the Supreme Court's decision.
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