Idaho’s surface water users and groundwater pumpers have reached a final agreement on a new mitigation plan after months of negotiations.

Gov. Brad Little said in a press release negotiations were tough but he never doubted farmers could get it done and is especially grateful to Lt. Gov. Scott Bedke for helping build the needed consensus.

The plan replaces the 2016 mitigation plan that came out of the 2015 settlement agreement between Idaho Ground Water Appropriators and the Surface Water Coalition. That agreement had been hailed as historic — but started to unravel in 2021.

This year, the coalition and six groundwater districts were embroiled in controversy — with a curtailment order hanging over the pumpers to meet a shortfall predicted for Twin Falls Canal Co.

That led to a temporary agreement between the factions for the 2024 season. But water users were tasked with creating and agreeing to a new mitigation plan.

“We appreciate the tireless work from all involved parties to create a long-term mitigation plan that ensures our members’ constitutional water rights are upheld while keeping every possible acre of Idaho farmland in production,” Jay Barlogi, general manager of Twin Falls Canal Co., a member of the coalition, said in a press release.

The Idaho Ground Water Association is pleased with the new mitigation agreement and the tremendous amount of work put in by both sides to chart a new path forward for managing the Eastern Snake Plain Aquifer, said Thomas J. Budge, attorney for IGWA.

“Critically, the mitigation agreement is designed to stabilize the ESPA and meet the water needs of the senior water users without drying up vast amounts of farmland,” he told Capital Press.

“We are grateful for the support of farmers, the good faith efforts of Surface Water Coalition members and the work of Governor Little and Lieutenant Governor Bedke to facilitate a cooperative solution to a very difficult challenge,” he said.

IGWA is confident the new agreement will be successful in preserving eastern Idaho’s vibrant agricultural economy long-term, he said.

“We’re glad to see the parties came together and were able to successfully negotiate a workable solution,” said Keith Esplin, executive director of the Eastern Idaho Water Rights Coalition and Eastern Snake Plain Aquifer Recharge.

Overall, he thinks most farmers in eastern Idaho are pleased.

“As contentious as this agreement was, you’re never going to have both sides completely feel they like the agreement. But as long as it comes out as something they can make work, then it’s good,” he said.

“I think that there’s still a lot of work to be done. But we’re confident that it will happen and groundwater districts can follow through with their commitments to help out the Twin Falls Canal and that we can avoid future curtailments,” he said.

There’s a lot of things that have to happen to make it all work. It’s not just signing an agreement and it’s done. Water users have to go out and fulfill the agreement, he said.

“It still comes down to where we firmly believe that we have enough water, we just need to manage it better. And I think that’s what this will prove out,” he said.

The agreement

The plan includes the following conditions:

• Water allotments for groundwater users will be issued in four-year increments.

• Groundwater districts must conserve a minimum of 205,000 acre-feet of water annually and can be averaged over the four years. Terms to allow for private recharge are included in the plan.

• All groundwater districts must report monthly water measurements.

• The Surface Water Coalition’s senior water rights will be upheld as per the prior appropriation doctrine, and groundwater users must supply up to 75,000 acre-feet of storage for direct mitigation if needed.

• Groundwater users that comply will receive safe harbor from the coalition’s delivery call during the term of the plan.

• The mitigation plan will be reviewed in the fall of 2027 after the first four years of implementation (with 2024 being year 1) with an opportunity to renew for additional four-year terms.