Porter Ranch wants to move 1950s irrigation rights off new subdivision lots

A small piece of paper at the county courthouse can decide whether old water stays tied to the land—or quietly disappears. On May 5, the Teton County Board of County Commissioners is being asked to authorize detachment of irrigation water rights from Lot 50 in the Porter Ranch Subdivision off South Park Loop Road, a lot the county owns for a future park, according to a county attorney’s staff report, Staff Report — Detachment of Water Rights Porter Ranch.

The developer, JHHR Development II Inc., wants to move the water rights allocated to the now-developed subdivision back to agricultural lands. County staff say if nothing happens, the State Engineer could declare the rights abandoned after five years because the water would no longer be applied to agricultural use on the subdivided property. Detaching the rights requires signatures from all subdivision owners—including the county for Lot 50—after which the developer can petition the State Board of Control for a change of use/place of use.

The forms cover two 1952-priority ditch rights: the Enlarged South Park Supply and the Leek Ditch (each shown at 1.14 cfs and 79.84 acres in the staff report’s table). Staff recommend approval and note the county itself cannot use these rights on a park lot because they are agricultural rights and “technically, Teton County does not hold the water right.”