Water Rights: Rocky Mountain Environmental Associates (RMEA) provides consulting services related to the determination of water rights in the State of Idaho, and performs the following functions: Research of water rights for prospective real estate purchases and pending water right claims, and the documentation of water priority. Water right filings and acquisition of water right permits. Documentation and confirmation of approved water right permits, water rights owned by a client or other owners, and documentation and requests to Idaho Department of Water Resources (IDWR) for “Beneficial Use” time extensions. Evaluation, documentation, and confirmation of the legal descriptions of real estate, and “Beneficial Use” proof as required by the IDWR. RMEA evaluates water rights for future development, re-allocation (transfers), and client transfers to other real estate. We evaluate, document, and assist clients in the selling, leasing, or legal transfer of rights to other entities. Evaluation of water right systems, usage, water reserves, storage, and market values. Providing professional expert witnesses testimony in legal water right litigation for clients in county, district, State, and U.S. courts. A “Water Right” in water law refers to the right of a user to use water from a water source, e.g., a river, stream, pond or source of groundwater. In areas with plentiful water and few users, such systems are generally not complicated or contentious. In other areas, especially arid areas where irrigation is practiced, such systems are often the source of conflict, both legal and physical. Some systems treat surface water and groundwater in the same manner, while others use different principles for each. There are two divergent systems for determining water rights. Riparian water rights (derived from English common law) are common in the eastern U.S., and prior appropriation water rights (developed in Colorado and California) are common in the west. Each state has its own variations on these basic principles, as informed by custom, culture, geography, legislation and case law. California law, for example, includes elements of both systems. In general, a water right is established by obtaining an authorization from the state in the form of a water right permit. A legal right is formally consummated, or perfected, by exercising the water right permit and using the water for a beneficial purpose. Under the prior appropriation doctrine, water rights are "first in time, first in right." That is, the older, or senior, water right has priority and may operate to the exclusion of junior water rights. This concept of "priority date" is significant in the management of limited water resources. Water rights are generally established pursuant to State law, but there are exceptions, most notably, the concept of federal reserved water rights. Reserved water rights are rights that are established when the federal government reserves land for a specific federal purpose. Courts have held that there is an implied water right to satisfy the primary purposes of the reservation[1]. Examples of reservations include Indian reservations, national wildlife refuges, federal forests and military bases. Proceedings to determine the relative priority of claims to water rights are known as adjudications. Through Congressional passage of the McCarren amendment, the federal government has consented to having its claims adjudicated in state courts. All states offer mechanisms for changing how a water right is exercised, e.g. amending the point of diversion or withdrawal, the place of use, and the purpose of use. In reviewing such requests, the state must guard against the impairment of other water rights, the enlargement of the water right, and injury to the public interest. RMEA researches water rights for prospective real estate purchases. Research projects require information such as the legal location, Township, Range, Section, and quarter section and the names of the former or recent owners. Such a “due-diligence” research study of this nature can be turned around in within a few weeks of authorization. RMEA also researches “pending” water rights claims in order to provide a client with a detailed accounting of the pending claim. When necessary, we request assistance from experienced water right attorneys. RMEA can also research, discover, and document the water priority for a client. RMEA assists with water right claims on behalf of our clients. Some claims require legal assistance from an attorney since claims will eventually be adjudicated. We work together with water right attorneys to our clients advantage, and draw from the very best talent and experience in this area. RMEA also assists clients in filing water right Applications for Permit. An "application" is not just an application; it requires specific expertise to assure success and timeliness in securing the permit that the client actually wants. With over 31 combined years of work experience amongst our staff, we are experts with Idaho Water Rights procedures and forms created and administrated by the Idaho Department of Water Resources (IDWR). RMEA documents and confirms approved water right Permits. Every permit that is issued by the Idaho Department of Water Resources (IDWR) should be reviewed to verify that it is free of errors. RMEA documents and confirms water rights owned by a client, and this service is core to our water rights business. We can perform these studies in a timely manner for pending real estate transactions. RMEA documents and requests IDWR “Beneficial Use” time extensions on behalf of our clients. We are very familiar with this process, but clients are advised to contact us promptly in these cases in order to avoid the severe penalties that have occurred in the past. RMEA evaluates, documents and confirms the legal description of real estate for the purposes of evaluating water rights. We are 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 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 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. RMEA can examine, document, and evaluate water right systems and usage, as we have performed preliminary water right assessments for clients prior to the official IDWR examinations. It is in a clients best interest to have this done to reduce potential loss. RMEA can examine, document, and evaluate the water reserves, storage, and market values for our clients, as we have helped other clients locate water rights and redistribute the resources relative to their particular projects. RMEA can measure, evaluate, and document water usage for consumptive, evaporative, return, loss, and storage. This information is integral to many types of water right transfers, and we are experts in performing this work. The staff of RMEA hydrologists, geologists, and environmental scientists; we are NOT engineers. However, we can evaluate and assist in Water System Developments. We often partner with engineers in providing for the needs of our clients. RMEA does not have a licensed water right examiner on staff; however, Keith Wilson has performed numerous water right examinations during his 26 year tenure as an employee of the IDWR. He can prepare preliminary examinations in preparation for the IDWR to perform the official examinations. RMEA has staff professionals that can provide professional expert witness testimony in legal litigation in county, district, State, and U.S. courts for our clients. Call RMEA if you have a water rights litigation problem and we will provide you with our best judgment as to whether we can help, or we will help identify the best person that can.

Water Rights: Rocky Mountain Environmental Associates (RMEA) provides consulting services related to the determination of water rights in the State of Idaho, and performs the following functions: Research of water rights for prospective real estate purchases and pending water right claims, and the documentation of water priority. Water right filings and acquisition of water right permits. Documentation and confirmation of approved water right permits, water rights owned by a client or other owners, and documentation and requests to Idaho Department of Water Resources (IDWR) for “Beneficial Use” time extensions. Evaluation, documentation, and confirmation of the legal descriptions of real estate, and “Beneficial Use” proof as required by the IDWR. RMEA evaluates water rights for future development, re-allocation (transfers), and client transfers to other real estate. We evaluate, document, and assist clients in the selling, leasing, or legal transfer of rights to other entities. Evaluation of water right systems, usage, water reserves, storage, and market values. Providing professional expert witnesses testimony in legal water right litigation for clients in county, district, State, and U.S. courts. A “Water Right” in water law refers to the right of a user to use water from a water source, e.g., a river, stream, pond or source of groundwater. In areas with plentiful water and few users, such systems are generally not complicated or contentious. In other areas, especially arid areas where irrigation is practiced, such systems are often the source of conflict, both legal and physical. Some systems treat surface water and groundwater in the same manner, while others use different principles for each. There are two divergent systems for determining water rights. Riparian water rights (derived from English common law) are common in the eastern U.S., and prior appropriation water rights (developed in Colorado and California) are common in the west. Each state has its own variations on these basic principles, as informed by custom, culture, geography, legislation and case law. California law, for example, includes elements of both systems. In general, a water right is established by obtaining an authorization from the state in the form of a water right permit. A legal right is formally consummated, or perfected, by exercising the water right permit and using the water for a beneficial purpose. Under the prior appropriation doctrine, water rights are "first in time, first in right." That is, the older, or senior, water right has priority and may operate to the exclusion of junior water rights. This concept of "priority date" is significant in the management of limited water resources. Water rights are generally established pursuant to State law, but there are exceptions, most notably, the concept of federal reserved water rights. Reserved water rights are rights that are established when the federal government reserves land for a specific federal purpose. Courts have held that there is an implied water right to satisfy the primary purposes of the reservation[1]. Examples of reservations include Indian reservations, national wildlife refuges, federal forests and military bases. Proceedings to determine the relative priority of claims to water rights are known as adjudications. Through Congressional passage of the McCarren amendment, the federal government has consented to having its claims adjudicated in state courts. All states offer mechanisms for changing how a water right is exercised, e.g. amending the point of diversion or withdrawal, the place of use, and the purpose of use. In reviewing such requests, the state must guard against the impairment of other water rights, the enlargement of the water right, and injury to the public interest. RMEA researches water rights for prospective real estate purchases. Research projects require information such as the legal location, Township, Range, Section, and quarter section and the names of the former or recent owners. Such a “due-diligence” research study of this nature can be turned around in within a few weeks of authorization. RMEA also researches “pending” water rights claims in order to provide a client with a detailed accounting of the pending claim. When necessary, we request assistance from experienced water right attorneys. RMEA can also research, discover, and document the water priority for a client. RMEA assists with water right claims on behalf of our clients. Some claims require legal assistance from an attorney since claims will eventually be adjudicated. We work together with water right attorneys to our clients advantage, and draw from the very best talent and experience in this area. RMEA also assists clients in filing water right Applications for Permit. An "application" is not just an application; it requires specific expertise to assure success and timeliness in securing the permit that the client actually wants. With over 31 combined years of work experience amongst our staff, we are experts with Idaho Water Rights procedures and forms created and administrated by the Idaho Department of Water Resources (IDWR). RMEA documents and confirms approved water right Permits. Every permit that is issued by the Idaho Department of Water Resources (IDWR) should be reviewed to verify that it is free of errors. RMEA documents and confirms water rights owned by a client, and this service is core to our water rights business. We can perform these studies in a timely manner for pending real estate transactions. RMEA documents and requests IDWR “Beneficial Use” time extensions on behalf of our clients. We are very familiar with this process, but clients are advised to contact us promptly in these cases in order to avoid the severe penalties that have occurred in the past. RMEA evaluates, documents and confirms the legal description of real estate for the purposes of evaluating water rights. We are 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 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 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. RMEA can examine, document, and evaluate water right systems and usage, as we have performed preliminary water right assessments for clients prior to the official IDWR examinations. It is in a clients best interest to have this done to reduce potential loss. RMEA can examine, document, and evaluate the water reserves, storage, and market values for our clients, as we have helped other clients locate water rights and redistribute the resources relative to their particular projects. RMEA can measure, evaluate, and document water usage for consumptive, evaporative, return, loss, and storage. This information is integral to many types of water right transfers, and we are experts in performing this work. The staff of RMEA hydrologists, geologists, and environmental scientists; we are NOT engineers. However, we can evaluate and assist in Water System Developments. We often partner with engineers in providing for the needs of our clients. RMEA does not have a licensed water right examiner on staff; however, Keith Wilson has performed numerous water right examinations during his 26 year tenure as an employee of the IDWR. He can prepare preliminary examinations in preparation for the IDWR to perform the official examinations. RMEA has staff professionals that can provide professional expert witness testimony in legal litigation in county, district, State, and U.S. courts for our clients. Call RMEA if you have a water rights litigation problem and we will provide you with our best judgment as to whether we can help, or we will help identify the best person that can.