July 30, 2009 in City

Court rules in favor of senior water rights

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TWIN FALLS, Idaho – A district judge said the Idaho Department of Water Resources didn’t work fast enough to protect senior water rights in a long-running battle between surface water users and groundwater pumpers in southern Idaho.

Fifth District Judge John Melanson ruled that the agency must reconsider some of its decisions dating back to 2005.

Under Idaho water law, those who have the oldest water rights generally get the first chance on water for drinking, irrigation or other uses. It’s not unusual for senior water rights holders in parched southern Idaho to make a “water call” where they demand their full allotment, which can force the state to halt use by junior water rights holders.

Senior water rights holders get access to surface water, while junior holders typically pump from the Eastern Snake River Plain Aquifer.

In last week’s ruling, Melanson said four separate administrative decisions on water calls overstepped the authority of the Idaho Department of Water Resources.

“Many facets of these water calls are uncharted territory in Idaho water law, so we welcome the direction that we get from courts and will take it into consideration as we respond to the water calls in the future,” the agency said in a statement.

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