11:23 AM MDT on Monday, June 5, 2006

Associated Press

GOODING -- Fifth District Judge Barry Wood says Idaho's method for managing the sometimes conflicting needs of ground and surface water users is unconstitutional and void.

Idaho's water law generally holds that the oldest water rights, held by surface water users, are given a higher priority compared to ground water users who hold junior water rights.

But last year several irrigation and canal companies sued, asking the judge if Idaho's management was sticking to that rule. Or if it was providing water to junior water right holders at the expense of senior water right holders.

Wood found that the state has been managing both surface and ground water together, under a method called conjunctive management.

The judge says that can result in an unconstitutional taking of water rights.

The ruling is expected to be appealed.