Miles SmithIdaho Gov. Brad Little has signed an executive order with the intent of keeping the federal government out of water conflicts between individual users, the governor said this week at a press conference.
The Protecting Idaho Water Sovereignty Act is designed to address a longstanding conflict between groundwater users and surface water users in the Eastern Snake Plain Aquifer. Traditionally, surface water users in Idaho have had priority with water rights over groundwater users, who say they are having their water cut off.
Holders of senior priority water rights get their water fulfilled first, and the juniors get the remainder. If there is not enough water to fill all water rights, junior users can then potentially be curtailed.
The order requires surface water users and groundwater users to reach a long-term solution to their disagreement by Oct. 1.
Little pointed to a U.S. Supreme Court ruling last week that blocked an agreement between water users in Texas, New Mexico, and Colorado and allowed the federal government to assert control of water in times of disagreement as a reason for the order.
The Supreme Court rejected a deal between Texas and New Mexico over the management of water in the Rio Grande, ruling the federal government should have input in all water rights agreements.
The ongoing dispute between Texas and New Mexico stems from the 76-year-old Rio Grande Compact, which legally binds Colorado, Texas and New Mexico to share water in the river that serves as the southernmost border in the United States.
The deal would have still shared water between the states while reserving a little bit more for Texas than under the current compact.
“We’re focusing on a long-term solution that fits the latest science, meets the needs of all water users, and conserves our water for future generations,:” Little said. “The solutions shouldn’t come from the government. They should be carefully crafted by the water users themselves.”
Under the order, the Idaho Department of Water Resources will coordinate efforts to improve understanding of the aquifer, water efficiency and prioritize funding for projects that benefit the aquifer.
The governor asked the Eastern Snake Plain Aquifer Groundwater Management Plan Advisory Council to submit a management plan to the department for review by Sept. 1.
Past efforts include hosting a summit in August 2023 to identify challenges and potential solutions to water issues in Idaho and 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.
The Idaho order calls for the following actions:
- To improve understanding of the aquifer, the Idaho Department of Water Resources will coordinate efforts to bolster and improve water supply modeling technology through partner organizations. The effort will require the partnership of universities, industry, farmers, ranchers and others.
- The governor will recommend the Idaho Legislature convene the Interim Natural Resources Committee prior to the 2025 legislative session to identify predictable and consistent opportunities to enhance the state’s water infrastructure.
- The Idaho Water Resource Board will prioritize funding for projects that have net benefits to the aquifer while making water use more efficient.
- The governor will bring together industries and stakeholders to propose solutions to long-term water sustainability because the ingenuity of the private sector is far more desirable in seeking solutions than relying on the government to do so.
- The Eastern Snake Plain Aquifer Groundwater Management Plan Advisory Council will continue to meet to create a groundwater management plan to be submitted for review by the Idaho Department of Water Resources by Sept. 1.
- As required by the 2024 agreement, the groundwater users and surface water users will meet to establish an improved mitigation plan as soon as possible, no later than Oct. 1.
