Surface Water Coalition, Groundwater Districts seek emergency stay on Butte Co. curtailment
UPDATED: 3:43 p.m.
BUTTE COUNTY, Idaho (KIFI) — In a potential breakthrough for Butte County agriculture, the Surface Water Coalition (SWC), along with the Idaho Ground Water Appropriators, filed a joint request Friday afternoon asking the state to hit the "pause" button on an ongoing water curtailment order that has paralyzed local farms.
The move comes less than 24 hours after IDWR Director Matt Weaver denied a motion to pause the curtailment, effectively forcing farmers to shut off their spouts mid-season, despite many having already planted crops. The push for a joint stay in curtailment marks a dramatic reversal for the SWC, which told Local News 8 in an email Thursday its members appreciate "IDWR and Director Weaver’s commitment to following Idaho’s Constitution and for putting the law and future of Idaho water first."
RELATED: IDWR denies stay on water curtailment, pumps to remain off in Big and Little Lost Basins
Farmers From Both Sides Working Together
The request, filed at 2:00 p.m. on April 17, asks the Idaho Department of Water Resources (IDWR) for a temporary stay on enforcement. If granted, it would allow groundwater irrigators in the Big Lost and Little Lost basins to resume pumping while "good-faith" negotiations continue.
The joint filing petitions the IDWR to keep the water flowing through at least May 4, 2026, providing a window for a technical review to determine if three new districts can be added to the 2024 Stipulated Mitigation Plan without harming existing members.
“It is never our desire for any water to be shut off,” said Alan Hansten, chairman of the Surface Water Coalition. “Our members recognize the challenges facing farmers in Butte County. That is why SWC has taken this step in good faith to ask IDWR to keep water flowing while the parties and IDWR complete the necessary technical review of the First Addendum to the 2024 Mitigation Plan.”
In a press release, representatives from the Idaho Ground Water Appropriators say they're "deeply grateful" that farmers from both sides moved quickly to find a solution that supports the livelihoods of farmers across the area.
“We have taken the right steps to join a mitigation plan and avoid curtailment, so we were disappointed when that relief did not come yesterday,” said Little Lost River Ground Water District Chairman Kirk Nickerson. "We know that kind of cooperation takes sacrifice, and we are thankful for the support shown by this community of water users.”
IGWA President and Idaho Lawmaker Stephanie Mickelsen echoed that sentiment.
“This shows once again that even when water users do not agree on every issue, farmers can still come together, act in good faith, and find solutions quickly when it matters most,” said Mickelsen. “That willingness to act quickly, solve problems, and protect Idaho agriculture is exactly what makes the partnership between groundwater and surface water users so important.”
The Legal Gridlock
The ongoing curtailment stems from Idaho's "prior appropriation" doctrine—"first in time, first in right" law.
Due to an ongoing drought, Director Weaver projected a shortfall of 181,600 acre-feet for senior surface water users this season, which triggered a water call from Idaho's Surface water users. The law dictates that senior water rights holders (those with older claims) must get their full allocation of water first, before junior groundwater users can pump.
While IDWR previously ruled that three districts in the Lost River basins missed a November 2025 deadline to join a mitigation plan, the Idaho Ground Water Appropriators (IGWA) maintains that farmers did everything right.
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. However, the Idaho Ground Water Appropriators (IGWA) maintains that farmers did everything right.
RELATED: IGWA Farmers Claim "Good Faith" Efforts
“Right now, there are farmers in Butte County who planted crops in good faith and still can’t turn on a pump,” said IGWA Executive Director Lara Herway in a news release Thursday. “That’s not a water law problem—IGWA and our members acted in good faith.”
What’s Next?
If the IDWR accepts the request, it would provide immediate relief to Butte County agriculture while the parties work toward a solution.
The SWC maintains that adhering to the Idaho Constitution, protecting senior rights, and the long-term success of the 2024 Mitigation Plan remain their top priority. However, Chairman Hansten noted that this joint request reflects a commitment to collaboration and supporting all Idaho agriculture during a "critical growing season."
“We appreciate the willingness of all parties to engage in a thorough review process for decisions that will impact Idaho water for years to come," Hansten said. "We are committed to reaching a solution that complies with Idaho law, is fair, consistent, and grounded in sound data, and that simultaneously supports all water users and protects our most valuable resource.”
Over the next three weeks, technical experts from all sides will evaluate data and the terms of a "First Addendum" to the 2024 plan to ensure that adding these new districts won't negatively impact the users already enrolled in the plan.
According to IDWR, 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.
Director Weaver is expected to issue a decision as early as tonight, April 17th. Local News 8 is in contact with representatives from both parties and will provide an update once IDWR issues a decision.
