Idaho Water Wars

The Idaho Department of Water Resources (IDWR) issued a water curtailment order on May 30, 2024. Because six of the Eastern Snake Plain Aquifer (ESPA) region groundwater districts have disagreed with “approved mitigation plans” from IDWR, the junior groundwater users were facing the possibility of their 2024 crop being destroyed because of water being cut off.

The issue stems from an agreement made in 2016, which aimed to stop aquifer water loss and recharge the aquifer. This video explains the agreement:

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From IDWR’s news release on May 30,

“The Director’s curtailment order, and other related orders from the past few weeks, clearly set forth the requirements for the Ground Water Districts to comply with either of their two existing approved mitigation plans and thus avoid curtailment. Because of ongoing disagreement with the Department and amongst themselves, the groundwater districts facing curtailment ultimately chose not to comply with either of their plans in the manner required. As a result, many junior groundwater users will be curtailed who might otherwise have been spared.”

Idaho Department of Water Resources Director Mathew Weaver issued a final curtailment order today, finding that six groundwater districts were deficient in complying with their existing, approved mitigation plans to address an injury volume of 74,100 acre-feet to senior water users.

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The order indicates that water rights junior to March 31, 1954, in those six districts are now subject to curtailment.

The six groundwater districts found to be in noncompliance with an approved mitigation plan are:
• Bingham Ground Water District
• Bonneville-Jefferson Ground Water District
• Jefferson-Clark Ground Water District
• Magic Valley Ground Water District
• Carey Valley Ground Water District
• North Snake Ground Water District

“It is surprising to us that six groundwater districts would choose not to live by the terms of either of their approved mitigation plans and subject their members to curtailment,” said Brian Patton, Deputy Director of IDWR.

Under Idaho water law, water users with senior water rights have priority over water users with junior rights. On the Eastern Snake River Plain, IDWR administers both surface and groundwater resources together as one whole, or “conjunctively.” In general, groundwater rights are junior to surface water rights.

The 74,100 acre-foot shortfall is based on a number of factors including mountain snowpack, reservoir content, irrigation need, and aquifer conditions.

In this video, in response to the possibility of water curtailment, Idaho farmers say, “We’re all going to fail.”

IDHW released an update on June 6:

“On Wednesday, June 5, two Magic Valley-area ground water districts – North Snake and Magic Valley – filed notice with the Idaho Department of Water Resources (Department) demonstrating that they are now operating under an approved mitigation plan, officials said Thursday.

In response to North Snake’s and Magic Valley’s filings, the Surface Water Coalition delivered a notice of non-objection to the Department supporting the ground water district’s filings conditioned on adherence to their approved 2016 mitigation plan for the remainder of the irrigation season. As a result, approximately 2,400 junior ground water rights owned by members of those two districts will be protected from curtailment under the Department’s May 30 curtailment order.”

All IDWR news releases can be found here.

From this informative article, Idaho Senator Glenneda Zuiderveld said,

“[Idaho ground water users] should have considered all factors before planting their crops, opting for those that require less water. As junior rights holders, they are aware that they must keep in mind the senior rights holders. Because the senior rights holders are further down the line, we have to trust that they will only take what is allotted to them. When they do not, it curtails the farmers in the Magic Valley, forcing them to figure out how to finish the year. I am disheartened that this issue could not have been resolved without resorting to social media, which has caused public upset over possible curtailment of farmers if they don’t comply. We are doomed if we cannot handle these issues more constructively.

I know this to be true: no farmer wishes to see another lose crops. They all understand how vital every part of the agricultural community is to the livelihood of Idaho.”

According to this article, IDWR spokesman Steve Stuebner told East Idaho News on June 10 that although the curtailment was scheduled to take effect next Monday, the involved parties are discussing and working to come to an agreement. He said,

“Water users are working behind the scenes today to work out a deal for this water season, but nothing has been finalized as yet.”

On June 11, Idaho Lieutenant Governor Scott Bedke sent out a news release saying,

“Surface water and groundwater users are currently negotiating an agreement to avoid the water curtailment order from the Idaho Department of Water Resources (IDWR)…

“Since the last agreement between the surface water and groundwater users eight years ago, we have learned a couple of things for what a long-term solution requires: it must include an averaging component or details around the concept of water blocking. Our farmers deserve to know what their water allotment will be each year before they plant to meet their business and other obligations.”

“Agreements between farmers and water users are always better than ones made by the government or in a courtroom. I am optimistic that our water users will find a path forward that can meet the requirements for 2024, as well as come back to the table to craft an agreement to ensure our future generations have access to a predictable water supply.”

Feature photo by abovethenorthwest shows waterfalls in Idaho’s Thousand Springs State Park