REXBURG — It’s been a big summer for water negotiations in the Gem state. A lot has happened since this spring when there was a curtail order.
Earlier this summer the Idaho Department of Water Resources issued a curtailment order calling for junior water rights holders to shut off their water because certain requirements weren’t being met according to a 2016 water mitigation plan. Some 6,400 junior groundwater rights holders who pump from the Eastern Snake Plain Aquifer, our natural underground resource, had to shut their water off because of what’s called a threat of injury for senior water rights holders in the Magic Valley area. For those who fell under the curtailment order, including farmers, many of their livelihoods were threatened.
“I think it was on June 10 or so, a one year agreement between the Magic Valley surface water canals and the groundwater districts that were not in compliance was reached that stayed that curtailment or put it on hold for a one year period after it was accepted by the Director of the Department of Water Resources,” Brian Patton, Deputy Director for the Idaho Department of Water Resources says.
Idaho Governor Brad Little wants to prevent a water curtailment of this proportion from ever happening again.
“So the agreement that was reached in June covers the current irrigation season. However, there are ongoing negotiations that are chaired by Lieutenant Governor Scott Bedke and the chairman of the Idaho Water Resource Board, Jeff Raybould, to try and get a longer-term agreement in place. You know, for, you know, the long term between the surface water users and the groundwater users. There's also an attempt to create a groundwater management area plan that's being led by James Cefalo of the Department of Water Resources,” Patton says.
The governor issued an Executive Order called the Protecting Idaho Water Sovereignty Act— “to provide water certainty to generations of Idahoans.”
It requires the ESPA Ground Water Management Area Advisory Committee to submit a new Groundwater Management Plan to IDWR, by Sept. 1. IDWR will review the groundwater management plans submitted to help craft something to be implemented in the 2024 irrigation season, which is Spring to Fall. The Executive Order also calls for the parties associated with the Surface Water Coalition Delivery Call to submit a revised mitigation plan by Oct. 1.
“Okay, what is being proposed is that there would be a replacement mitigation plan that would take its place. It would have some similar aspects, but there would also be significant modifications, I think, too early to tell, until it's all the way, you know, negotiated, but I think that's, that's kind of what's taking shape,” Patton says.
Patton says that if agreements aren’t reached then the responsibility falls back to the director of IDWR. Governor Little has expressed ongoing support for Idaho Farmers and water users of all kinds. This week he’s continued to show care for the declining condition of the Eastern Snake Plain Aquifer and eastern Idaho farmers as he has committed another $10 million to improve the long-term health of the ESPA. His top priority is securing the agriculture economy in eastern Idaho, while preserving water for future generations.
Patton says for now, the agreements being negotiated need to be in place so there can be some certainty for next spring.
“I think for those that are affected by it, if they don't like the direction… they certainly can get involved in helping chart the course of their local groundwater districts,” Patton says.