GOODING -- Idaho's water law will stand trial in Gooding County following a district court judge's recent decision not to dismiss a case brought by surface water users against the state.

"Given the time sensitive nature pertaining to the administration of water rights, it makes little sense to further delay resolution of this issue," wrote 5th District Court Judge Barry Wood, in an order issued late on Friday.

In deciding not to drop the case brought against the Idaho Department of Water Resources, Wood took on the task of evaluating the constitutionality of conjunctive management -- a major principle of state water law. Wood's decision in the case will impact water users across Magic Valley, inevitably determining who gets the rights to the area's most precious resource.

The conjunctive management rule recognizes the relationship between surface and ground water and allows the two to be managed jointly. Surface water users claim the rule "flies in the face" of the prior appropriation doctrine -- another facet of Idaho water law. Prior appropriation allows users with the older or more senior rights, such as surface water users, first dibs on water over the claims of ground water pumpers, or those with junior water rights.

"We're gratified the court is going to take a look at these rules," said Tom Arkoosh, who represents American Falls Reservoir District No. 2, one of the five surface water parties involved in the case. "Our ultimate intention is to heal this aquifer."

After negotiations between water users went nowhere, seven Magic Valley canal companies and irrigation districts, called the Surface Water Coalition, asked Water Resources Director Karl Dreher to fulfill their senior rights by curtailing junior users in their January water call.

Dreher's answered the call by determining that the coalition suffered an injury of 133,400 acre-feet of water in 2005 and ordered groundwater users to come up with the first 27,700 acre-feet of replacement water during the 2005 season. However, the director reserved the right to adjust replacement water levels. An administrative hearing on the matter is scheduled for March 2006.

In August, five members of the Surface Water Coalition, who felt Dreher's order was unsatisfactory, filed a lawsuit against Water Resources in district court -- challenging both Dreher's application of conjunctive management and the validity of the rule in general.

Wood's decision on Friday calls into question whether the administrative hearing will proceed, given that Dreher used the conjunctive management rule in issuing his order.

"This Court finds little reason to delay an inevitable constitutional challenge to the conjunctive management rules," Wood wrote in his order.

In an interview on Wednesday, Mike Creamer, an attorney for the Idaho Ground Water Appropriators, said he was disappointed with Wood's decision to take on the case. Creamer said that his clients invested a significant amount of effort and money to meet the director's order which is now up in the air.

A spokesman for Water Resources declined comment on the case.

Wood must next enter a ruling on a motion for summary judgement in the case. The initial hearing has been scheduled for Nov. 29 in Gooding County.

Times-News reporter Michelle Dunlop can be reached at 735-3237 or by e-mail at mdunlop@magicvalley.com.

News Tracker Last we knew: Surface water users sued Water Resources in a case that challenges one of the major tenets of Idaho water law. The latest: A district court judge denied Water Resources' motion to dismiss the matter, emphasizing the time sensitive nature of the case. What's next: The judge will have to rule on a motion for summary judgement in the case.