U.S. Water News Online
BOISE, Idaho -- The Idaho Department of Water Resources has sent another batch of warning letters, telling more than 700 groundwater users their pumps could be shut down later this month to ensure water for users with more senior rights.
It's the second separate curtailment notice issued this month by department Director David Tuthill to farmers, dairymen, businesses and towns that draw water from the Eastern Snake Plain Aquifer.
Department scientists this week rejected a proposal submitted by groundwater users to set aside some of the supplies sought by seven senior rights holders, Tuthill said.
"I have no choice but to issue these warning letters because the mitigation plan proposed thus far is insufficient based on existing (department) orders," he said.
Earlier this month, the department sent out warning letters to hundreds of groundwater users spread across more than 35,000 acres in the Magic Valley. Those letters set May 14 as the deadline to begin shutting down pumps unless users could agree on a plan to divert enough water to satisfy two Idaho trout farms with senior rights.
Those groundwater users then sued the state, asking a judge to keep the water flowing. Fifth District Judge John Butler complied, issuing a temporary restraining order. He also scheduled a hearing May 30 to hear arguments on the state's curtailment plan.
The warning notices were sent to 760 individual water users spread across more than 46,000 acres across a broad swath of south central and eastern Idaho. The order targets wells that nourish crops and supply cities, dairy operations and others stretching from Jerome in the west to Idaho Falls in the east, as far south as American Falls and north to Arco and Dubois, according to a map provided by the department.
The latest warning letter, setting a deadline later this month, was prompted by water delivery calls filed in 2005 by the Surface Water Coalition, a group of seven surface rights holders.
The coalition members include: the A & B Irrigation District, American Falls Reservoir District No. 2, Burley Irrigation District, Milner Irrigation District, Minidoka Irrigation District, North Side Canal Co. and Twin Falls Canal Co.
Since 2005, the groundwater users have managed to divert enough water to supply those senior rights holders, but low snowpack and drought forecasts have renewed the battle for the resource.
State water law is grounded in legal precedent that favors users with the oldest water rights, typically those who divert from surface sources like rivers. In times of need, the state can step in to shut down users with junior rights to guarantee supplies to senior right holders, Tuthill said.
A spokesman for the Idaho Ground Water Appropriators, which represents hundreds of irrigators and 13 cities and towns, said members have not had a chance to analyze the potential impacts of the latest curtailment warning.
"We have not had a chance to study the ruling and won't make any determination about it until we've had time to study it and make a measured response," said spokesman Mike Journee.
Return to the U.S. Water News' Archives page Or Return to the U.S. Water News Homepage
Editor@uswaternews.com
*Your Name:
*Your Email:
*Friend's Email:
Use a comma to separate e-mail addresses:
*Your Comments:
Hi, I thought you might like to read this article.
*Required Fields