In Idaho anyway, it doesn't matter who owns the land, it's who owns the water rights! I have 1/4 ,ile of stream thru my 40 acres, and I can and don't use a drop of it, BUT, I do have a state issued (after much paperwork blah blah) that gives me the right to use around 100 GPM non consumptive use. Meaning, I take it out up top, run thru my 3" leak free delivery line, and then thru the pelton wheel 147' lower, and every drop goes right back in the tream. the rancher below appreciates my setup, he's been invited up, and his irrigation goes on as usual!
