The line between state and local regulations for confined-animal feeding operations can blur at times. But the Idaho Supreme Court could redefine that line following Wednesday's hearing Twin Falls on a Gooding County CAFO ordinance.

In June 2007, county commissioners approved a number of revisions to the ordinance, including increased setbacks and a limit of five animal units per acre, though variances allow up to seven in some cases.

The Idaho Dairymen's Association and the Idaho Cattle Association quickly argued that the ordinance stripped CAFO owners of some due-process rights and regulated issues handled by state agencies. But in October 2008, 5th District Judge Barry Wood ruled that county officials properly justified limit on CAFO size and land use, and had the right to regulate handling of animal waste, prompting an appeal.

Industry attorney Deb Kristensen told justices Wednesday that state law places water quality issues in the hands of state authorities. While Idaho's local land-use laws give counties siting authority, she said, it should not be interpreted as broadly as Gooding County has done.

In turn, Luverne Shull, Gooding County's chief deputy prosecutor, said state law requires counties to develop CAFO ordinances based on the size of the operations; ordinances focused on animals per acre are just a natural result of that, he said.

And Mike Kane, an attorney for the Idaho Association of Counties, said restrictions regarding CAFO sites on canyon rims and floodplains are a matter of public safety and health, not just water issues. Though the state administers the law within CAFO boundaries, he argued, counties have legal authority over matters that spread outside those lines.

Pro-tem Justice Linda Copple Trout asked Kristensen whether restrictions based on factors besides water would alleviate industry concerns, and told county lawyers she's concerned language requiring CAFO owners to also own enough irrigable land for their waste penalizes those who ship waste elsewhere.

Pro-tem Justice Daniel Hurlbutt said he fears industry groups have asked the court to render a political decision on two critical Idaho issues: dairies and water.

"Shouldn't we defer to the Legislature?" he asked.

Though the case focuses on Gooding County, a ruling against the ordinance could affect similar regulations in other counties. A decision should likely be made in the next three months.

The court will convene again at 8:50 a.m. today to hear testimony in three cases, including an attempt by a Jerome County man to withdraw a guilty plea in a case involving lewd conduct with his relatives and an attempt by former Idaho Congress-man George Hansen to avoid collection proceedings launched on behalf of a couple who lost money in an investment scheme he orchestrated.