Truce Called In Water Fight Between Irrigators, Agency

Idaho water authorities have granted a three-week cease-fire in a turf battle between the U.S. Bureau of Reclamation and Snake River irrigators over 427,000 acre-feet of water for endangered salmon.

At the request of attorneys on both sides, Idaho Water Resources Director Karl Dreher granted the three-week stay in hopes that parties can settle the conflict out of court.

In May, Bureau of Reclamation officials filed an application to obtain permanent water rights for 427,000 acre-feet of river flows to benefit endangered salmon.

Dozens of irrigators have protested the plan and the state water agency planned hearings in October. Wednesday’s three-week reprieve will delay that hearing until late November at the earliest, if negotiations break down.

Nearly all parties involved agreed the stay was good.

“I don’t think there’s any question about it,” said Ron Carlson, Upper Snake River watermaster. “If you look at the complexity of the issues, there’s a lot of incentive to negotiate a settlement … but I don’t think it’s a slam-dunk for either side.”

John Rosholt, Twin Falls water attorney, called it an effort to reach a settlement. “The bottom line is we don’t want to give a federal court the chance to settle this question. My sense is if we go through that process, and give the 9th Circuit (federal appeals court) a shot at this, we lose.”

Rosholt said it would be hard for a court to rule that using water for fish is not a beneficial use of the water.

Dreher wants to settle the issue so the 1996 Legislature to consider the bureau’s request for permanent water rights.

The Idaho Legislature in 1992 gave temporary approval to the bureau to move water downriver for salmon if other measures were taken in Oregon and Washington to save imperiled Snake River fish runs.

That authority expires in 1996. The bureau’s application would make the salmon-water transfer permanent, but requires approval from the Legislature.

Bureau Regional Director John Keys said he is required by the Endangered Species Act to boost Snake River water flows for salmon. If water users refuse, the National Marine Fisheries Service could ask for more, he said.”That’s a scary process for us,” he said.

However, most Snake River irrigators oppose the bureau’s proposed change in water rights. So far, 80 parties, including irrigators, state agencies, health districts and others, have filed formal protests.