Groundwater users, state reach compromise

BOISE – More than 750 groundwater users reached a compromise with the state Wednesday, preventing the shutdown of pumps that supply water to farmers, dairymen and industry across eastern and Southern Idaho.

The deal came one day before Idaho Department of Water Resources Director David Tuthill had threatened to turn off groundwater pumps to ensure enough water to a coalition of users with more senior water rights.

Tuthill said he agreed to delay the curtailment order after agency scientists signed off on a plan drafted by the Idaho Ground Water Appropriators to set aside enough water to meet the needs of seven senior rights holders.

“The plan that has been submitted by IGWA is a good-faith start toward providing replacement water to potentially injured senior water rights holders,” Tuthill said in a statement. “I’m very pleased that these steps have been taken instead of taking the matter to court.”

The curtailment order issued May 10 was the second in a month and affects users from Jerome to Idaho Falls who draw water from the Eastern Snake Plain Aquifer.

“We believe we presented a common-sense solution to avoid a potentially extensive curtailment that would damage local economies and we appreciate the director’s acceptance of the plan,” said Lynn Tominaga, executive director of the groundwater group.

The first curtailment order, issued April 30, would have affected about 771 groundwater users across 33,000 acres of the Magic Valley north of the Snake River. At the time, Tuthill said shutting down those wells was the only option to ensure enough water to two trout farms during a summer when water supplies are expected to be tight.

That shutdown was initially set for May 14 but was put on hold by a legal challenge filed by the groundwater group. A state judge issued a temporary restraining order barring the state from enforcing the curtailment and scheduled a hearing May 30 to determine whether to issue a permanent injunction.

The second curtailment order would have been one of the most expansive in department history, affecting groundwater pumps that draw water for crops, dairy cattle, businesses and several cities and towns.

Tuthill said the state will continue monitoring water flows in the Snake River as the groundwater group obtains storage water to provide for shortfalls anticipated by the seven senior surface water rights holders.