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IDWR sends warning letters to surface users

State in danger of violating Swan Falls Agreement

Matt Christensen
Times-News writer | Posted: Wednesday, July 4, 2007 11:00 pm

BOISE - The state may be in danger of violating the Swan Falls agreement because a drought is drying up the Snake River, according to a statement released late Tuesday by the Idaho Department of Water Resources.

The pivotal Swan Falls agreement, established by the Idaho Legislature in 1984, guaranteed Idaho Power Co. 3,900 cubic feet per second for use in its hydropower facilities. But the agreement has ramifications for nearly every water user on the Snake River Plain. At stake is control over much of southern Idaho's water.

Earlier this year, the utility filed suit against the state in a move to rework the agreement. If the power company loses, it will likely have to raise rates for its customers. If the state loses, it means less state authority to appropriate and control water.

Earlier this week, IDWR sent letters to 83 surface-water users who divert from the Snake River or its tributaries. The letters warned the users that they may have to stop diverting to ensure Idaho Power's access to the 3,900 cfs in the agreement.

For more on this story, read Friday's edition of the Times-News.