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As water curtailment orders stop, farmers focus on finishing season and negotiations for a long term plan

This week Idaho paused a curtailment order that would have stopped water going to groundwater districts in violation of mitigation plans.

BOISE, Idaho — It’s a solution for now, notice from the Idaho Department of Water Resources of an agreement between water users in the Eastern Snake Plain region.

“A crisis has been averted and that, that farmers can go ahead. in 2024, as they normally have. And that there is a commitment to sit down and negotiate to make sure this doesn't happen again next May and June,” said Idaho Lt. Governor Scott Bedke.

This week Lt. Governor Bedke helped negotiate a short term water deal, a deal that keeps water flowing to groundwater districts that the state reported in May were out of compliance with a mitigation plan.

“We all agreed that the existing agreement has some flaws to it. And when both parties agree  to change it, then they can change it. And the list of things that we'd like to change is growing. Those changes can only come about through a negotiated process. So I've told everybody this is really good news. Go ahead and take the rest of the week off. But we're going to hit it hard again the first and next week,” Bedke said

Idahoans like Adam Young are relieved, Young is a groundwater farmer in Blackfoot, Idaho.

“It's a huge relief for me and for a lot of farmers in our area who frankly, weren't quite sure what was going to come out of the whole situation,” Young said.

His livelihood and decades long family business sat at a major crossroads as they faced curtailment.

“So I'm optimistic that we can find a solution going forward. We have the governor, the lieutenant governor and director Weaver all on record stating that the 2016 plan is showing its age and needs to be replaced by something better. And I'm confident that we can find solutions that that make use of modern infrastructure technology, to make our water supply stretch further. And, and hopefully we'll see an increase in recharge investment in the upper Valley,” Young said.

Still, there needs to be a solution long-term, a major renegotiation of a mitigation plan now labeled by some camps as outdated.

“This doesn't represent a long-term fix. This doesn't really fix the underlying issues. And now we begin the hard work of figuring out what a, a viable and sensible long term solution is going forward,” Young said.

The Lt. Governor agrees, a real long term deal is needed, one that will last.

“We've got to get these user on user discussions going. I guess it was heartening from some perspective to see Idahoans step up and collectively fix a problem that wasn't in their specific self-interest to fix,” Bedke said.

Still, there is another impacted group this discussion includes. Surface water users who tend to have more senior water rights.

“I just think it's important to get everybody back in the boat. And so we're delighted to have everybody back in the boat and in my mind, everybody in this boat has got a job to do. And if everybody's in the boat and everybody is doing their job, we will sail right through this storm. But if folks begin to bail out of the boat, the boat's going to sink,” said Jay Birlogi, General Manager of the Twin Falls Canal Company.

One of the groups on the other side of the water fight are people like Birlogi, a part of the supplier of surface water users. In Idaho the law of the land is the prior appropriation doctrine of "first in time, first in right" for water rights.

“Certainly it was stressful. we worry particularly when there's a curtailment order out there. we don't want to see those acres dried up. but nonetheless, we've got to exercise our rights as well. We don't want to see our acres go short of water at the end of the season, either,” Birlogi said.

Birlogi and others in that camp understand the complex issues at hand, but still have a responsibility to supply those senior rights.

“I think unfortunately it has become a little bit of an us versus them from all different angles. And, and I think that's our challenge is to get out of that, get out of that realm and get everybody back to the table and work as a community effort.”

For now, hard work continues across Idaho at farms and in fields. A looming decision hangs, one that will see negotiations begin as soon as next week.

“It's definitely going to keep us busy, but I am glad to have that immediate crisis of the curtailment behind us so that we can focus on our on our day jobs,” Young said.  

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