GOODING — The state director charged with managing Idaho’s water seems bent on developing new rules rather than following established law, says a district court judge.

“My view of this case boils down rather simply … what rules are we going to follow?” said Fifth District Court Judge Barry Wood.

In June, Wood voided the rules used by Idaho Department of Water Resources Director Karl Dreher in administering surface and ground water. On Tuesday, Wood denied Water Resources request to halt the June ruling and allow the Idaho Supreme Court to sort it out. With Wood’s decision in place, surface water users experiencing shortages could demand immediate shutdown of groundwater users, which include Magic Valley farmers, city dwellers and industry.

Water Resources’ attorney Phillip Rassier now plans to ask the Idaho Supreme Court to stay Wood’s ruling.

Decreasing water levels on the Eastern Snake River Plain Aquifer have led to disputes between surface water users with senior rights and junior groundwater pumpers. In January 2005, the Surface Water Coalition asked Dreher to deliver their full water rights. Unsatisfied with his response, several of the canal companies and irrigation districts filed the lawsuit last August.

In his June opinion, Wood struck down the rules Dreher used to answer the surface users’ call for water. The rules don’t ensure that water users with senior rights will receive their water in a timely manner, he wrote, likening the delay to a taking. Wood also suggested that the Director can no longer exclude domestic and stock water rights when determining who should be shut down.

“With all due respect, the city of Twin Falls — it ain’t the Little House on the Prairie anymore,” Wood said.

Once in place, Wood’s ruling could have dramatic and irrevocable impacts on other water users, Water Resources’ Rassier said. Therefore, Wood’s decision should be reviewed by the Idaho Supreme Court before taking effect.

“It screams out for caution and moderateness,” Rassier said.

But surface water users say that Dreher’s past actions, based on now-unconstitutional rules, have impacted them dramatically already.

Between 2003 and 2006, fish farmers, who have senior spring water rights, have gone short 660 to 670 cubic feet per second of water, said Daniel Steenson, attorney for the Thousand Springs Water Users Association. Despite asking Dreher to provide relief, few have received the water they sought.

“Many of the Thousand Springs water users are receiving no water for their water rights,” Steenson said.

Wood believes that Dreher has been revising the rules according to his own discretion at a detriment to senior users. Dreher has ignored Idaho’s first in right, first in time premise that gives senior users preference in times of shortage, Wood said.

“Any way you cut the cards, there’s going to be harm to somebody,” he said. “My preference is to follow the law as I understand it.”



Reporter Michelle Dunlop covers natural resources for the Times-News. She can be reached at 735-3237 or by e-mail at mdunlop@magicvalley.com.