Longterm agreement in water conflict nearing completion as governor’s deadline arrives
Rett Nelson, EastIdahoNews.com
The Snake River near Twin Falls in spring 2024. | Mia Maldonado, Idaho Capital Sun
IDAHO FALLS — After months of discussion, farmers are putting the finishing touches on a longterm groundwater mitigation plan.
In June, Gov. Brad Little signed an executive order requiring surface water users and groundwater users to reach a longterm solution to their conflict by Oct. 1. A news release from the governor’s office Tuesday morning indicates the discussion is in the final stages, and both parties are moving toward a water agreement that everyone can live with.
“The plan is nearing completion, and given the positive momentum and the good faith efforts of all parties involved, we look forward to putting the finishing touches on a new agreement that provides certainty for all water users,” Little says in the news release.
Little notes the final stage of negotiation is happening during harvest, farmers’ busiest time of year.
“My office has been intimately involved in the mitigation plan process and we have seen firsthand the value of farmers coming together,” Little says. “I have talked to many farmers in eastern Idaho and the Magic Valley in the last two weeks, and I share their enthusiasm on the progress we’ve made. I have never doubted we could get this done.”
The water dispute has been going on for many years and the health of the Eastern Snake Plain Aquifer is at the center of the debate. Under Idaho law, groundwater users are required to have a plan for recharging the aquifer during times of shortages. Earlier this year, the Idaho Department of Water Resources projected a shortage of 74,100 acre-feet of water for the Twin Falls Canal Company, which has senior water rights. Surface water users in Magic Valley have senior water rights over groundwater users in eastern Idaho.
The dispute came to a head in May when the department issued a curtailment order that would’ve impacted 500,000 acres throughout the state, including four counties in eastern Idaho. The order impacted about 6,400 junior groundwater rights holders who pump off the aquifer, which the department determined were noncompliant with a state-approved aquifer mitigation plan.
The department later reversed course when the Surface Water Coalition and Ground Water Appropriators reached a temporary solution to get through the growing season.
During a press conference in Pocatello on June 26, Gov. Brad Little signed an executive order calling for a longterm solution in the ongoing water conflict. | Kalama Hines, EastIdahoNews.com
In addition to the Oct. 1 deadline, the governor’s executive order called on the Eastern Snake Plain Aquifer Groundwater Management Plan Advisory Council to submit a management plan to the IDWR for review, per Idaho law, by Sept. 1. The council was terminated in August when the parties failed to reach an agreement after a year of discussions.
Since then, farmers in eastern Idaho have been working steadily to come up with creative solutions. Stephanie Mickelsen, chairwoman of the Bonneville-Jefferson Ground Water District, says the conversation has been productive overall.
The final piece of the discussion hinges on two key points, she says, which includes how often ground water users should measure their water usage and how much water each side needs to contribute for aquifer recharge.
Mickelsen is encouraged with the ideas that have been presented and anticipates the parties will finalize an agreement soon.
“I’m hopeful that we’ll get things done and surface water users will agree,” she says.
Alan Hansten, chairman of the Surface Water Coalition, expresses a similar sentiment. In a news release, he says it’s been “an emotional few months of candid conversations and innovative thinking” that have brought them to this point. Though they are “cautious” about revisiting the original mitigation plan, they are “encouraged by the collaborative process” that is headed towards a longterm solution.
“The Surface Water Coalition is proud of the work that has been done and of its members and their commitment to doing what is best for the longevity of the Eastern Snake Plain Aquifer in Idaho,” Hansten says in a news release.
Once the parties have reached an agreement, the groundwater district boards, canal boards and the membership will need to review it. Mickelsen anticipates the longterm agreement being made public in the next few weeks and final approval happening before Nov. 1.
The Idaho Department of Water Resources will ultimately have to come up with a longterm aquifer management plan if the parties do not reach an agreement. If the issue ends up going before the department, there will likely be more public hearings and discussion continuing through next spring before a final decision is made.