U.S. Water News Online
BOISE, Idaho -- The Idaho Supreme Court has rejected a challenge to a water rights agreement between the Shosone-Bannock Tribes, the state, and the federal government. The court ruled unanimously that the Fort Hall Water Users Association, made up of 2,000 non-Indian water users in the Fort Hall area, had no standing to file objections to the 1990 agreement.
In a ruling written by Justice Cathy Silak, the court said it was obvious that the federal government is the owner of the water rights in question, and the water users association has only a contractual agreement to use the water.
Under the agreement, the Shosone-Bannock tribes receive 581,000 acre feet of water for the Fort Hall Irrigation Project. The project also serves about 12,000 acres of non-Indian land near Pocatello.
Non-Indian users alleged the United States didn't claim enough water to serve the lands. The Supreme Court said it is "clear that the United States is claiming ownership of the water rights on its own behalf, and that the non-Indian individuals that are served by the Fort Hall Irrigation Project may only have use of the water rights. The United States is therefore the claimant with respect to these water rights."
Attorney General Alan Lance said the Fort Hall Water Rights agreement specifically requires the government to ensure that project water users receive the water they are entitled to under water contracts.
"The experts of the United states, the tribes, and the state all believe that the agreement will be sufficient to meet the project water users' water contracts," he said.
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