Farmers reach new longterm agreement in water conflict more than a month after deadline
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IDAHO FALLS — After months of discussion, surface water and groundwater users in Idaho have finally reached a long-term solution to their conflict.
This comes more than a month after Gov. Brad Little’s Oct. 1 deadline, which he signed as an executive order in June.
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The water dispute has been going on for many years, and the health of the Eastern Snake Plain Aquifer was 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.
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.
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In a news release Thursday afternoon, the Idaho Surface Water Coalition announced the approval of the 2024 Stipulated Mitigation Plan entered into with nine groundwater districts across the Eastern Snake Plain Aquifer.
“Today, after months of discussions between surface and groundwater users, SWC members agreed to a compromise for the good of the aquifer and the future of water in Idaho,” the coalition says.
The purpose of the new plan is to “rectify injuries that senior surface water users have sustained to their water rights.” The 2024 Stipulated Mitigation Plan includes the following conditions:
- Water allotments for groundwater users will be issued in four-year increments.
- Groundwater districts must conserve a minimum of 205,000 acre-feet of water annually. Terms to allow for private recharge are included in the plan.
- All groundwater districts must report monthly water measurements.
- SWC’s senior water rights will be upheld per the prior appropriation doctrine. Groundwater users must supply up to 75,000 acre-feet of storage for direct mitigation.
- Groundwater users that comply will receive safe harbor from the SWC delivery call during the term of the plan.
- The Stipulated Mitigation Plan will be reviewed in the fall of 2027 after the first four years of implementation, with an opportunity to renew for additional four-year terms.
Jay Barlogi, manager of the Twin Falls Canal Company, expresses his appreciation to everyone involved for coming together to resolve the dispute and reach an acceptable path forward.
“We appreciate the tireless work from all involved parties to create a long-term mitigation plan that ensures our members constitutional water rights are upheld while keeping every possible acre of Idaho farmland in production,” Barlogi says in a news release. “Members of the Surface Water Coalition remain deeply committed to the responsible management of Idaho’s water resources, and that includes the longevity of our shared aquifer. This updated mitigation plan includes that crucial element – realistic requirements to conserve water and promote the health of the ESPA.”
Rep. Stephanie Mickelsen, who chairs the Bonneville-Jefferson Groundwater District, expresses a similar sentiment to the SWC for its “good-faith approach in creating this agreement.”
“Our districts are pleased to usher in a new agreement that is respectful to the needs of all farmers. We have always said that a new agreement needs to do two things: protect our shared Eastern Snake River Plain Aquifer and not dry up eastern Idaho farmland to do it. This agreement accomplishes both goals and incentivizes farmers to find new ways to support one another,” Mickelsen says in a statement to EastIdahoNews.com. “Most of all, we wish to thank our members and highlight their resiliency as they stood tall navigating a difficult situation in which their very livelihoods were at stake.”
Mickelsen also praised Little and Lt. Gov. Scott Bedke for their leadership during this discussion.
Little and Bedke express gratitude to farmers in a separate statement following Thursday’s announcement.
“I am very proud of everyone involved for coming together and getting a new plan across the finish line,” Little says.
EastIdahoNews.com is planning a follow-up story with additional perspective on the water agreement from local farmers.