Senate Bill 1102

Senate Bill 1102

by
Phil Haunschild
February 17, 2017

Bill description: This bill would prevent the federal government from holding unused stock water rights, to the detriment of Idahoans.

Rating: +1

Does it violate the principles of federalism by increasing federal authority, yielding to federal blandishments, or incorporating changeable federal laws into Idaho statutes or rules? Examples include citing federal code without noting as it is written on a certain date, using state resources to enforce federal law, and refusing to support and uphold the Tenth Amendment. Conversely, does it restore or uphold the principles of federalism? 


This bill would codify Joyce Livestock Company v. United States of America, an important court ruling further ensuring water rights stay in the hands of Idahoans who put them to use rather than with the federal government. The bill says, “No agency of the federal government, nor any agent acting on its behalf, shall acquire a stockwater right unless the agency owns livestock and puts the water to beneficial use.” By codifying this the state government will be asserting its rights over state resources. (+1)

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