One indicator of its importance is the fact that Idaho's constitution specifically addresses the issue of water. The right to divert and appropriate the unappropriated waters of any natural stream to beneficial uses, shall never be denied, except that the state may regulate and limit the use thereof for power purposes. A complex system of water rights has been developed over the years by which appropriation and use of Idaho's public waters can be managed. And in any organized mining district those using the water for mining purposes or milling purposes connected with mining have preference over those using the same for manufacturing or agriculture purposes. The exception is water for domestic use where, under specific conditions, a recorded water right is not required.
Idaho law provides for civil penalties for appropriating water without a valid water right.
The constitution and statutes of the State of Idaho declare all the waters of the state, when flowing in their natural channels, including the waters of all natural springs and lakes within the boundaries of the state, and ground waters of the state, to be public waters. The constitution and statutes of the State of Idaho guarantee the right to appropriate the public waters of the State of Idaho. When a private right to the use of public waters is established by appropriation, a water right is established that is a real property right much like property rights in land. The constitution and statutes of the state of Idaho protect private property rights, including water rights. A water right is the right to divert the public waters of the state of Idaho and put them to a beneficial use, in accordance with one's priority date.