IDWR denies stay on water curtailment, pumps to remain off in Big and Little Lost Basins
UPDATED: 9:10 p.m. (Response from Surface Water Coalition)
BUTTE COUNTY, Idaho (KIFI) — The Idaho Department of Water Resources (IDWR) has denied a motion to pause a curtailment order, forcing groundwater irrigators in the Big Lost and Little Lost basins to shut off their spouts despite already having crops in the ground.
IDWR Director Matt Weaver finalized the decision after a Wednesday status meeting between state officials and water districts, upholding a shutdown order that the Idaho Ground Water Appropriators (IGWA) warns will be devastating for local agriculture.
While all parties have agreed to an expedited technical review to potentially allow the districts to join the 2024 Stipulated Mitigation plan, restoring their water access, IGWA argues the process could take weeks, time farmers say they do not have.
The Core of the Conflict
The shutdown stems from Idaho’s "prior appropriation" doctrine, which dictates that senior water rights holders (those with older claims) must get their full allocation of water first, before junior groundwater right holders.
Following a statewide drought declaration in April 2024, senior surface water users in the Surface Water Coalition (SWC) issued "delivery calls" for their water.
Under Senate Bill 1341, junior groundwater users in the Big and Little Lost basins were required to join an approved mitigation plan to avoid curtailment. Because these three districts failed to join an approved mitigation plan by the November 2025 deadline, they were subject to IDWR curtailment orders to protect senior rights.
In a news release, SWC President Alan Hansten supported efforts for additional groundwater districts to join the 2024 Mitigation Plan but emphasized that the process must be "done right," following legal requirements and ensuring fair treatment for those already in the plan.
“The 2024 Mitigation Plan was the result of months of negotiation between senior surface and junior groundwater users, with the goal of protecting all Idaho water users. The process to adjust this plan needs to be done right,” Hansten said. “We are committed to moving forward with decisions based on sound data and consistent standards to ensure the success of the 2024 Mitigation Plan and the longevity of practical water management.”
Farmers Claim "Good Faith" Efforts
However, IGWA claims these farmers followed every legal step to join the 2024 Stipulated Mitigation Plan, but the Idaho Department of Water Resources (IDWR) and the Surface Water Coalition (SWC) are blocking their inclusion.
While critics have argued that the districts had months to prepare and created the crisis themselves, IGWA argues the timeline reflects steady progress, not delay.
"We had to build everything from scratch—form a district, seat a board, hire an attorney, and vote to join a mitigation plan," said Kirk Nickerson, Chairman of the Little Lost River Ground Water District. "We did every single thing that was asked of us, and we did it in good faith."
They argue that the denial of the stay in curtailment pending good faith negotiations is equivalent to holding the irrigation districts "hostage."
According to IGWA, the SWC refused to agree to a temporary stay in curtailment if one of its own members, the A&B Irrigation District, is excused from its own mitigation requirements.
A&B has proposed a separate plan that IGWA argues would require a "fraction" of the mitigation expected of other groundwater users. IGWA characterizes this demand as "unfair and unequal treatment under the law."
"Right now, there are farmers in Butte County who planted crops in good faith, completed every required step, and still can't turn on a pump,” said IGWA Executive Director Lara Herway. “That's not a water law problem – IGWA acted in good faith. Our members acted in good faith. The only party that hasn't is the one blocking an agreement that's already signed."
Surface Water Coalition Responds
In response to the arguments by IGWA, representatives for the Surface Water Coalition sent an email to Local News 8 reaffirming its support for Director Weaver’s decision to uphold the law while the technical review moves forward.
SWC emphasizes that the stakes for senior holders are equally high amid the ongoing drought emergency. Director Weaver has forecasted a massive water deficit for 2026: 137,700 acre-feet for Twin Falls Canal Company and 43,900 acre-feet for American Falls Reservoir District #2. SWC members report they are already seeing reduced deliveries and expect further restrictions.
In a statement, Alan Hansten, chairman of the Surface Water Coalition, emphasized that they understand the challenges facing farmers. However, Hansten argues that rushing any changes to the 2024 Stipulated Mitigation agreement would "put the long-term stability of the plan" and the availability of Idaho's most valuable resource at risk.
“A full review of data for the three groundwater districts seeking to join the Mitigation Plan is following the same standards we set forth in the creation of this plan. We want to make sure we get it right, and to do that, we need adequate time to review every detail,” said Alan Hansten, chairman of the Surface Water Coalition. “We never want any farmland in Idaho to go without water. But our members are also irrigators gearing up for the irrigation season and farmers with crops in the ground. We need our water, too. Our members appreciate IDWR and Director Weaver’s commitment to following Idaho’s Constitution and for putting the law and future of Idaho water first."
Hansten concludes that any changes to the agreement must be based on sound science and fair process with input from all parties.
What Happens Now?
All parties are scheduled to reconvene on May 4, 2026, for a follow-up status conference to go over the findings of the technical review and determine the next steps for the 2024 Mitigation Plan.
Local News 8 has reached out to representatives for the Surface Water Coalition for comment on Director Weaver's decision and will update this story pending their response.
