Water curtailment: Will the governor intervene?

IDAHO FALLS, Idaho (KIFI) — The director of the Idaho Department of Water Resources (IDWR) put a pause on curtailment well inspections last Friday. This as farmers across the region are concerned about getting a return on their investments in crops this season.

The Greater Idaho Falls Chamber of Commerce along with the Bonneville County Commissioner's Office are calling on Governor Brad Little to step in and prevent this curtailment from devastating the economy.

"The Curtailment Order — which is causing hundreds of thousands of acres of farmland to dry up — has unspeakable economic consequences for the entire state with Eastern Idaho bearing the brunt," wrote Paul Baker, President and CEO of the Greater Idaho Falls Chamber.

In a letter to the governor, Baker says Chamber members are worried. Local banks are bracing for a financial hit if farmers cannot pay back their loans. That is why he felt impressed to request intervention.

"I'm really concerned that the governor has been a bit passive perhaps in this situation," he said. "And, we're asking that he come and take a more active and proactive role in helping sort this situation out here."

In addition, the Bonneville County Board of Commissioners unanimously signed a resolution. They cite the lack of notice, negative economic impact and above-average water levels in the reservoirs as reasons they believe curtailment at this time is unjust.

"I have been in situations where I've been short of water on crops," said Bonneville County Commissioner Bryon Reed. "I've had to turn crops off early, and I've seen alfalfa dry up. It takes a tremendous toll on a family and on your ability to just move forward in a confident way."

Despite both requests for intervention, Bedke says Governor Little will likely stay out of situations that are covered under the State Code and Constitution.

Is the Prior Appropriation Doctrine outdated?

Idaho water law is based on what's called the "first in time, first in right" doctrine. Essentially, districts with senior priority rights get their water needs met first. Twin Falls currently has priority. Their claim on w is leading to curtailment for 6 groundwater districts. Bedke says that while some pumps have been red tagged, curtailment is on hold.

"I want to emphatically say that there has been no water shut off to date, period," said Bedke. "Nobody's been shut off, and we don't anticipate having to shut anyone off."

A lot of farmers who face the potential effects of curtailment believe the prior appropriation doctrine is outdated, especially since much more of the state has been developed as farmland. Bedke says otherwise.

"It is not outdated," he said. "The alternative is to socialize everyone's water rights and put them into a box and then hand them out again, and that's not what we're about."

Bedke has a direct hand in ongoing curtailment negotiations. He optimistically predicts that an agreement on this issue will be made soon. You can view our past coverage on water curtailment HERE.