New water agreement officially completed

The following is a news release from the Idaho Governor's Office.

BOISE, Idaho (Idaho Gov News Release) – Governor Brad Little, Lt. Governor Scott Bedke, and farmers across Idaho are celebrating the final completion of a new water agreement that protects Idaho agriculture, conserves water for future generations, and safeguards state sovereignty over our most precious resource. 

“It was a tough year of negotiations, but I never doubted our farmers could get this done! Idahoans have always solved our own problems, and the new mitigation plan charts a better path for all water users in the years ahead while ensuring Idahoans maintain control of our water destiny, not other states, the feds, or the courts. I am very proud of everyone involved for coming together and getting a new plan across the finish line. I am especially grateful to Lt. Governor Scott Bedke. He took on one of Idaho’s most significant policy issues and helped build the consensus needed to arrive at this milestone. Scott Bedke has demonstrated true leadership once again,”Governor Little said.

“We always knew where we wanted to end up – to maintain our strong agricultural economy and ensure water is available for future generations. This updated mitigation plan puts the long-term health of our state first by addressing the real water needs of today and tomorrow. This past year, we had some honest, candid conversations and faced many difficult realities. It was once everyone reconciled the fact that we are all stuck with each other that the real magic started happening. I am pleased our farmers put aside their differences to work toward a common goal, and I am profoundly grateful for the opportunity to be a part of the process,” Lt. Governor Bedke said.

"Water users across Idaho will greatly benefit from the new mitigation agreement along with all the resources the state and water users themselves have put forward for additional projects to conserve our water. I applaud Governor Little and Lt. Governor Scott Bedke for their continued support and leadership navigating these difficult issues. As chairman of the Idaho Water Board, I am confident we are making a positive impact on the Eastern Snake Plain Aquifer,” Fremont County farmer and Idaho Water Resource Board Chairman Jeff Raybould said.

"Water is our most precious resource and highest-valued commodity here in Idaho, and in southern and eastern Idaho, that resource comes from the Eastern Snake Plain Aquifer. How we manage this finite resource is of the utmost importance to both today's farmers and tomorrow's generations. After many tough conversations these past few months with our groundwater neighbors about our water situation, our surface water members are pleased to have found a collective, long-term path forward for all water users. The updated stipulated mitigation plan includes provisions that will protect the health and supply of the ESPA, avoid future injury to our constitutional senior water rights, and keep Idaho's agricultural industry thriving. The Surface Water Coalition is thankful for all involved parties for taking the time to come together and work to address our water crisis head on," said Alan Hansten, Chair of the Surface Water Coalition.

“Our districts are pleased to usher in a new agreement that is respectful to the needs of all farmers. We have always said that a new agreement needs to do two things: protect our shared Eastern Snake River Plain Aquifer and not dry up eastern Idaho farmland to do it. This agreement accomplishes both goals and incentivizes farmers to find new ways to support one another,” Representative Stephanie Mickelsen, chair of the Idaho Groundwater Appropriators, said. “We want to thank the leadership of Governor Brad Little and Lt. Governor Scott Bedke, both of whom worked to give our members the support they needed to negotiate a respectful deal with our peers. We also appreciate the Surface Water Coalition and its members for its good-faith approach to creating this agreement. Most of all, we wish to thank our members and highlight their resiliency as they stood tall navigating a difficult situation in which their very livelihoods were at stake.”

The details of the agreement will be shared by the individual water users. The new agreement ensures agriculture can thrive in Idaho while protecting private property rights. Idahoans will continue to work on projects that benefit the aquifer.

Governor Little has been fully engaged in the water issues since taking office in 2019, including taking the following steps:

• Signing the Protecting Idaho Water Sovereignty Act (executive order) that charted a path forward on a new long-term agreement that is driven by Idaho farmers not government bureaucrats
• Working with the Legislature to put half a billion dollars toward water quantity investments over the past three years.
• Putting an additional $10 million to improve health of Eastern Snake Plain Aquifer this summer.
• Hosting a Water Summit in August of 2023 with hundreds of Idaho stakeholders, to identify challenges and potential solutions to water issues in Idaho.
• Directing the Idaho Department of Water Resources to create the Eastern Snake Plain Aquifer Groundwater Management Plan Advisory Council which has met regularly since 2023 with a goal of creating a groundwater management plan for the aquifer.
• Pushing back on the Biden-Harris administration’s attempt to grab Idaho’s groundwater

Surface Water Coalition Signs Agreement to Protect Idaho Water Rights and Preserve the Eastern Snake Plain Aquifer

(SWC News Release) — The Surface Water Coalition (SWC) is pleased to announce the official approval of the 2024 Stipulated Mitigation Plan entered into with nine groundwater districts across the Eastern Snake Plain Aquifer (ESPA). Governor Brad Little’s 2024 Protecting Idaho Water Sovereignty Act directed the senior surface water and junior groundwater users to meet and update the 2016 Stipulated Mitigation Plan, which the parties successfully accomplished this week.

SWC entered into good faith negotiations in June for an updated mitigation plan with the groundwater districts with two main objectives:

• to uphold the Idaho Constitution’s prior appropriation doctrine of first in time, first in right; and
• to protect the health of the Eastern Snake Plain Aquifer and improve tributary reach gains that are vital for the Snake River’s water supplies.

Today, after months of discussions between surface and groundwater users, SWC members agreed to a compromise for the good of the aquifer and the future of water in Idaho.

“Navigating the past few months has been daunting; our members have come in early and stayed late during harvest season to work through the very real issues addressing our water situation here in Idaho. While our surface water members were satisfied with the original mitigation agreement from 2016 that put the preservation of the ESPA first, we entered into negotiations with an open mind and willingness to listen to our fellow farmers about their concerns,” said Jay Barlogi, Twin Falls Canal Co. General Manager. “Ultimately, we feel that these in-depth conversations with our neighbors allowed us all to reach an acceptable path forward to address our water crisis and keep crops growing while resolving outstanding litigation.”

“Members of the Surface Water Coalition remain deeply committed to the responsible management of Idaho’s water resources, and that includes the longevity of our shared aquifer. This updated mitigation plan includes that crucial element – realistic requirements to conserve water and promote the health of the ESPA,” Barlogi continued. “We appreciate the tireless work from all involved parties to create a long-term mitigation plan that ensures our members constitutional water rights are upheld while keeping every possible acre of Idaho farmland in production.”

The foremost purpose of a mitigation plan is to rectify injuries that senior surface water users have sustained to their water rights. The 2024 Stipulated Mitigation Plan thus establishes long-term provisions for all water users that have agreed to the plan to abide by. The plan includes the following conditions:

• Water allotments for groundwater users will be issued in four (4) year increments.
• Groundwater districts must conserve a minimum of 205,000 acre-feet of water annually. Terms to allow for private recharge are included in the plan.
• All groundwater districts must report monthly water measurements.
• SWC’s senior water rights will be upheld as per the prior appropriation doctrine and the groundwater users must supply up to 75,000 acre-feet of storage for direct mitigation.
• Groundwater users that comply will receive safe harbor from the SWC delivery call during the term of the plan.
• The Stipulated Mitigation Plan will be reviewed in the fall of 2027 after the first four (4) years of implementation with an opportunity to renew for additional four (4) year terms.

As the updated mitigation plan is implemented, tested over the next three (3) years, and administered by the Idaho Department of Water Resources, SWC will continue to work to protect its members’ senior water rights, promote a healthy aquifer, and increase reach gains into the Snake River.

The Eastern Snake Plain Aquifer is a vital resource for all southern and eastern Idaho. In addition to providing essential irrigation for farmers, ranchers, and agricultural producers, the ESPA is the main source of drinking water for everyone from Ashton to King Hill. SWC is committed to supporting the Governor’s and the Idaho Water Resource Board’s steps to prioritize the longevity of the ESPA to positively impact and support the surrounding communities, businesses, and agricultural industry.