Originally posted by SapperSteel:
quote:
Originally posted by rtquig:
I guess the better question would be is: Where does the water come from, upstream or underground and forming a river on your property. If it doesn't originate on your property, how can you own the water?
I'm tempted to respond by asking "How can you own the land?" But then you'd likely point out that nobody really owns their land, we just rent it from the state and if you don't believe that then try not paying your property taxes.
The water comes from upstream. It's open channel flow, and all three of my diversion points are on my property. So, OK. You got me. I said it wrong.
I don't own the water, what I own is the right to use the water -- the water right. I got that right when I bought my mother's and my grandmother's estates. The original right comes from my great-great-grandfather, who filed for it in 1882, just 19 years after Abe Lincoln created the Idaho Territorial Government, and eleven years before Idaho became a state.
Using diesel-powered and electric-powered pumps, I suck what I have a right to out of the "river" -- the Marsh Creek -- and use it to irrigate and to water stock. That portion of the water that isn't absorbed into the soil runs off back into the creek as "recharge water" to flow on downstream to the next downstream user's diversion point.
The new water district isn't charging me to exercise my right to the water. Instead, it is charging me to pay for the guy who monitors my use of the water and the gal who bills me for money to pay that guy and to pay herself. There's a difference.