Association urges lawmakers to reject water deal

LEWISTON – A property owner’s group is warning legislators that the proposed settlement to the Nez Perce Tribe’s water rights claims may harm private property rights.

The Idaho County Property Owners Association claims the proposed agreement will reduce the ability of private timber landowners to manage their lands, reduce the property tax income of some rural counties and generate lawsuits. They sent letters to each of the state’s 105 legislators and the four-member congressional delegation urging the lawmakers to reject the settlement.

The agreement gives the Nez Perce Tribe annual rights to 50,000 acre-feet of water in the Clearwater River and $80 million in cash and land in return for dropping claims to nearly all the water in the Snake River and its tributaries. State and federal governments have also pledged to chip in millions for fish habitat and other environmental improvements.

It also includes a timber component that reduces the number of trees that can be harvested near fish-bearing streams. It is mandatory for state timber land in the Salmon and Clearwater basins and voluntary for private landowners. But those landowners who agree to the timber terms would gain some protection from lawsuits based on the Endangered Species Act.

Betty DeVeny, secretary for the Idaho Property Owner’s Association, says she fears that property owners who don’t volunteer could be persecuted.

“Supposedly the timber portion of this is voluntary but if you don’t voluntarily sign up there is a possibility you would be targeted (for lawsuits),” she said.

The agreement allows the tribe to purchase $7 million worth of land from the Bureau of Land Management. DeVeny said that could mean the loss of some tax base for counties where the land is purchased.

The agreement has been approved by Congress but still needs a nod from the Idaho Legislature and the tribe itself.

The property owners group asked lawmakers to vote against the agreement and force the state to continue a court case over the tribe’s water rights claims.

In 1999 Idaho District Court Judge Barry Wood ruled against the tribe’s claims and also said the tribe’s reservation had been diminished.

The tribe appealed the case and it was scheduled to be heard by the Idaho Supreme Court.

But the tribe and state reached a settlement agreement in May.

DeVeny said her group thinks the state should take its chances in court.

“I feel relatively confident if it went to Idaho Supreme Court that the state would prevail,” she said.