Coeur d’Alene Tribe, Idaho sign water rights pact
The Coeur d’Alene Tribe and Idaho signed an agreement Thursday in Boise that settles competing water right claims in the Coeur d’Alene River basin.
The precise details of the agreement have yet to be released but the two sides said in a news release that it protects water rights and uses of the state, tribe and dozens of interested parties.
“Through hard work and constant dedication, we’ve been able to reach an agreement that not only protects our Tribal homelands but ensures water reliability for everyone throughout North Idaho,” said Coeur d’Alene Tribal Chairman Chief Allan in the news release.
Idaho Gov. Brad Little said the agreement not only provides water for all sides but also provides families, farms, businesses and communities confidence needed to plan for their futures.
“This historic water rights agreement delivers certainty for water users and lasting protection for Coeur d’Alene Lake and everyone who depends on it. After years of hard work, we are proud to stand alongside Chief Allan and tribal leaders to mark this milestone,” said Little.
Idaho has spent decades in a complicated legal process sorting out competing water rights in the state and in 2008 began the process of adjudication in the Coeur d’Alene River basin. The drainage includes the river and its tributaries, the St. Joe River, Lake Coeur d’Alene and a short section of the Spokane River downstream of the lake.
The tribe filed more than 350 claims based on its treaty and the establishment of its reservation, arguing the reservation was intended to be a homeland for the tribe that included a federally reserved water right covering everything from agriculture and domestic use to minimum stream flows and lake levels.
The state water rights court ruled the tribe was entitled to a much more narrow water right, covering largely agriculture and domestic use. But the tribe appealed and the Idaho Supreme Court widened the tribe’s water rights to include a wider range of uses.
Following that decision, the two sides began on-again and off-again negotiations.
According to the limited terms released by the parties, the tribe gets an as of yet undisclosed quantity of water via a federally reserved water right. It retains its right to control use of its water on the reservation and authorization to create a water bank to lease water off of its reservation. The state agrees to support the tribe’s quest for federal legislation to fund water infrastructure projects. The tribe intends to ask Congress for $500 million to implement the agreement and construct water infrastructure.
Idaho secured protection of most existing water rights, licenses and claims dating to or before Sept. 6, 2023. Idaho also gets 10,000 acre feet per year for future stat-based water rights to ensure cities in the basin can continue to grow. The agreement ensures that water rights in the agreement are not used in litigation related to the Clearwater Act or Endangered Species Act. While Idaho agreed to support the tribe’s request for federal funding, the state is not providing any money to the tribe. The agreement has to be approved by the Idaho Legislature.
Other parties to the agreement include cities in the basin, Hecla Mining Company, PotlatchDeltic, members of the North Idaho Water Rights Alliance and property owner associations.
While much smaller in scope, the settlement was based on similar legal arguments that led to the 2004 agreement between Idaho, the Nez Perce Tribe and the federal government. In that case, the tribe agreed to settle its water rights claims in the Salmon, Clearwater and Weiser river basins in exchange for $90 million, salmon friendly minimum stream flow guarantees, annual flow augmentation in the Snake River, and 11,000 acres of land.
Barker may be contacted at ebarker@lmtribune.com.