Idaho water negotiations continue after original Oct. 1 deadline passes

The South Fork of the Snake River runs for more than 60 miles across southeastern Idaho. (Courtesy of the Bureau of Land Management)

Water negotiations between Idaho farmers are continuing after Gov. Brad Little’ s Oct. 1 deadline passed without a new mitigation plan between surface water users and groundwater users.

Although there was no deal by Oct. 1, Little said the two sides are close to a deal and he is encouraged by the ongoing negotiations.

“Farmers working together to determine our water destiny has always been and will always be the best path for protecting agriculture and conserving water for today and future generations,” Little said in an Oct. 1 written statement. “The plan is nearing completion and given the positive momentum and the good faith efforts of all parties involved, we look forward to putting the finishing touches on a new agreement that provides certainty for all water users. It is important to note that the farmers are getting this done during their busiest time of year – harvest.”

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Water issues came to a head in May when the Idaho Department of Water Resources Director Mathew Weaver issued a curtailment order requiring the holders of 6,400 junior groundwater rights to shut off their water after they had already planted crops in the ground this spring, the Idaho Capital Sun previously reported . The curtailment order was in place for about three weeks until the Idaho Department of Water Resources announced the two sides reached a settlement agreement for the 2024 irrigation season in June. Days later, Little issued an executive order that set out to new deadlines for the two sides.

By Sept. 1, Little called for a new groundwater management plan to be submitted to the Idaho Department of Water Resources.

By Oct. 1, Little called for groundwater users and surface water users to establish a new mitigation plan.

Idaho water mitigation plan doesn’t come together before Oct. 1 deadline

The two sides each submitted groundwater management plans by the Sept. 1 deadline, but did not agree to a new mitigation plan by the Oct. 1 deadline.

“It has been an emotional few months of candid conversations and innovative thinking that has led us to nearing the completion of an updated stipulated mitigation plan,” Surface Water Coalition Chairman Alan Hansten said in a written statement. “While our members are cautious about revisiting the original mitigation plan, we are encouraged by the collaborative process from all interested stakeholders that appears headed to what will be a long-term solution that helps ensure all water users’ needs are met. The Surface Water Coalition is proud of the work that has been done and of its members and their commitment to doing what is best for the longevity of the Eastern Snake Plain Aquifer in Idaho.”

In a phone interview Wednesday, Rep. Stephanie Jo Mickelsen, an Idaho Falls Republican who is chairwoman of the Idaho Ground Water Appropriators, said negotiations are at a point where attorneys from both sides are involved.

“In broad terms there is agreement on a lot of things,” Mickelsen said. “The biggest challenge comes when you’re writing the language down and the groundwater users felt like they agreed to something, and the surface water guys felt like they agreed to something, and it doesn’t end up being the same something.”

Mickelsen said the two sides have discussed a new Nov. 1 deadline to reach a deal, but she said a more realistic deadline may be the end of 2024.

Mickelsen said priorities for a new deal include protection from water curtailment in-season for growers and providing certainty for surface water users and industry partners who need to be able to make long-term decisions.

“So we don’t put people’s livelihoods and their businesses completely at risk,” Mickelsen said.

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