Pivotal water rights case heads to court Wednesday

JEROME, Idaho – Water users are scrambling to intervene in what may be the largest water curtailment case in Idaho history, set to be heard by a judge on Wednesday.

The Idaho Surface Water Coalition filed a motion in 5th District Court on Friday asking to intervene in the case.

The group, which includes southern Idaho canal companies and irrigation districts, is concerned the outcome of the case could weaken the state’s ability to manage water.

The group also fears a ruling could threaten the state’s prior appropriations doctrine, which holds that when water is limited, those with senior – or older – water rights are entitled to have their water needs filled before junior water rights holders.

“At this point, we’re simply asking to participate,” coalition attorney Tom Arkoosh told the Times-News of Twin Falls, declining to comment further.

The case involves a decision made earlier this spring by state water director Dave Tuthill, who told more than 700 groundwater pumpers across southern Idaho that he would shut down their pumps to meet the needs of two senior rights water users – Clear Springs Foods’ Snake River Farm and Blue Lakes Trout Farm.

The shutdown was scheduled for May 14, but the Idaho Ground Water Appropriators – a group representing the pumpers – asked the court for an emergency injunction to stop the curtailment.

Fifth District Judge John K. Butler granted the injunction and scheduled a hearing for Wednesday, when the state will attempt to justify Tuthill’s decision.

Economists have said a curtailment of that scale – estimated to dry up enough farmland to cover 25,000 football fields – could devastate the local economy.

But if the judge stops the curtailment, it could signal a major change in the way Idaho’s water rights are handled.