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Story published at magicvalley.com on Tuesday, May 08, 2007
Last modified on Tuesday, May 8, 2007 12:23 AM MDT
Groundwater users sue to halt curtailment
Lawsuit seeks to derail proposal to dry up 33,000 acres of farmland
JEROME - The predictions of water users statewide came true Monday when the latest battle over water became a matter for the courts.

Magic Valley groundwater users have filed suit against the state in Fifth District Court in Jerome, seeking a preliminary injunction to halt a curtailment order that could dry up 33,000 acres of southern Idaho farmland.

The lawsuit - a complaint nearly 6-inches-thick - was filed about 1 p.m. Monday by groundwater groups Snake River Irrigation District and Magic Valley Irrigation District. If a preliminary injunction is granted by Judge John Butler, it will stymie a proposal by the Idaho Department of Water Resources to shut down groundwater pumpers.

The potential curtailment order would be the largest in Idaho history.

"You folks are at a crossroads," said Pocatello attorney Randy Budge, who will represent the irrigation districts in the case, to more than 100 pumpers at a meeting Monday evening. "You can take it or fight it."

The order and relating lawsuit stems from requests by surface spring-water users Clear Springs Foods' Snake River Farm and Blue Lakes Trout farm. The aquaculture producers asked IDWR Director Dave Tuthill to force groundwater pumpers to stop drawing water that they say belongs to them.

Groundwater pumpers don't dispute they owe water - it's the amount the pumpers and surface-water users can't agree on.

The pumpers say there isn't enough water in the Eastern Snake Plain Aquifer to meet surface users' requests.

But under Idaho law, surface water users are entitled to the missing water, and Tuthill has said he has no choice but to curtail if the parties can't reach an agreement.

The lawsuit indicates there is little hope for an 11th-hour deal.

Now the question is whether the lawsuit will be put on the court calendar before Monday, when the curtailment order goes into effect.

More information could become available today, when the irrigation districts say they'll issue a statement to the media.

Times-News staff writer Matt Christensen covers the environment. He welcomes comments at 735-3243 and at matt.christensen@lee.net.





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