Water Rights


Barker Rosholt & Simpson, LLP uses a comprehensive approach to legal problem solving that relies on the knowledge of the past successes to inform the solutions of the future. Having served industry and many of our clients for decades, we understand the history behind laws and policies that govern natural resource industries throughout Idaho and the Northwest. Our knowledge of past experiences allows us to create innovative solutions to the problems confronting you today.


Boise, ID
1010 W. Jefferson St., Suite 102
Boise, ID 83702
p. 208.336.0700 | f. 208.344.6034

Twin Falls, ID195 River Vista Place, Suite 204 Twin Falls, Idaho 83301-3029 p. 208.733.0700  |  f. 208.735.2444
163 2nd Avenue West
Twin Falls, Idaho 83301-5672
p. 208.733.0700 | f. 208.735.2444

The attorneys of Barker Rosholt & Simpson, LLP, represent irrigation districts, canal companies, and individual farmers and ranchers with their water rights needs. We have represented many water rights claimants in the Snake River Basin Adjudication, in private litigaton and in administrative proceedings before the Idaho Department of Water Resources. Our representation extends from the initiation of a claim for a water right, throughout the process of development of the rights, permits and licenses, and also to leases, water bank transactions, sales and transfers of water rights. We help protect water right holders from injury to their rights from other users and have extensive experience with ground and surface water disputes and conjunctive management of surface and ground water. We also protect rights against federal reserved rights claims. We represent irrigation entities in all aspects of their dealings with the Bureau of Reclamation.

Water rights work involves significant overlap with the laws, federal and state, of easements and rights-of-way. We are experienced in obtaining and defending easements and right-of-way from encroachment.

Representative Cases

A &B Irr. Dist. v. IDWR, 153 Idaho 500 (2012) — Represented irrigation entity in ground water to ground water call action.

Idaho Power Co. v. IDWR, 151 Idaho 266 (2011) — Represented Idaho Power Company in challenge to certain terms of its state water right license.

Lower Payette Ditch Co. v. Harvey, 152 Idaho 291 (2011) — Represented ditch company in litigation concerning irrigation practices in the service area.

Clear Springs Foods, Inc. v. Spackman — 150 Idaho 790 (2010) — Represented spring user is administrative action between junior ground water users and senior spring user water rights.

United States v. Pioneer Irr. Dist., 144 Idaho 106 (2007) — Represented irrigation districts in action to demonstrate ownership of water rights in federal reservoir system.
Bray v. Pioneer Irr. Dist., 144 Idaho 116 (2007) — Represented irrigation districts in action to demonstrate ownership of water rights in federal reservoir system.

American Falls Res. Dist. No. 2 v. IDWR, 143 Idaho 862 (2007) — Represented irrigation entity clients in challenge to the content and application of the conjunctive management rules.

Clear Lakes Trout Co. v. Clear Springs Food Co., 141 Idaho 117 (2005)- Represented spring user client in action to protect water rights against another user.

ASARCO v. State, 138 Idaho 719 (2003) — Represented mining company in action to set aside TMDLs promulgated in violation of Idaho law.

U.S. v. State, 137 Idaho 654 (2002) — Represented irrigation districts in action to protect water rights from claims of reserved water rights by the federal government and tribes.

A & B Irr. Dist. v. Idaho Conservation League, 131 Idaho 411 (1997) — Represented irrigation clients in action to define certain functions of the Snake River Basin Adjudication decrees.

State v. Hagerman Water Right Owners, Inc., 130 Idaho 736 (1997) — Represented irrigation clients in action to define the role of the Idaho Department of Water Resources in the Snake River Basin Adjudication.

Fort Hall Water Users v. U.S., 129 Idaho 39 (1996) — Represented Canal Companies in challenge to settlement agreement with certain tribes concerning water rights.

Savage Lateral Water Users v. Pulley, 125 Idaho 237 (1993) — Represented ditch owners in action to protect ditch from unlawful injury by third party.

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