Idaho’s current water laws are the way forward

Water has long been a defining feature of life in Idaho. Jerome County is known for its agricultural industry and dairy processing, so the need for a reliable water supply is always top of mind for us and our constituents. But this valuable natural resource is so important to everyone that it is at the center of an ongoing and controversial debate.

Since this spring, Idaho has been in national headlines and daily local reports because of the clash between high-profile water rights holders and younger water rights holders. Disputes arose over our water resources, particularly the Eastern Snake Plain Aquifer (ESPA), and who has the right to how much of it.

As representatives of both surface water and groundwater users, we sifted through the rhetoric, listened to the needs of both sides, while analyzing the data and science. And while both groups have legitimate concerns about agricultural needs and the longevity of the aquifer, we find ourselves aligned with the principle that guides us all: the rules and laws of the land.

We believe we must pay attention to our state constitution to find a positive and collective path forward all Water Users in Idaho.

Idaho’s prior appropriation doctrine is a time-tested policy that has guided our great state for centuries. Our very first water rights date back to the 1860s, when Idaho was just a territory and whoever first asked for the water was the one who received it. Statehood enshrined water allocation as being “first in time and first in right.” This meant that every farmer, rancher and agricultural producer knew in which order they would receive their water from ESPA.

100 years later, technology has changed the way we access this water. The invention of the water pump created a new method of extracting the resource. In Idaho today, we are experiencing significant growth resulting in an overall increase in water demand. Prolonged droughts, weather fluctuations and changing rainfall have placed additional strain on both surface and groundwater resources as water levels in the ESPA have fallen to near historic lows. This had led to increasing tensions between these two groups of water users.

For those of us on the sidelines, we must understand that the conflict between these two interest groups actually arises from the same issues. Surface water users fear declining flows, while groundwater users are concerned about pump limitations.

All water users are fundamentally concerned about the future – everyone is concerned about their share of the water resource and how they can sustain their livelihoods; how to ensure that their future generations have something to inherit, a resource they can rely on.

This time we believe the best way forward is not the road less traveled; Rather, it is about the path we have always taken. Current Idaho law determines how best to allocate water collectively in a way that guarantees each rights holder ownership and keeps our water supply viable.

Sometimes the terrain of the road can change, and as technology has advanced, our agricultural practices have improved while our population has increased. The 2015-2016 Water Agreement was created and signed by all water users in Idaho to recognize these changes in our way of life while still supporting the age-old doctrine of prior appropriation. We applaud the North Snake Ground Water District for putting in the work and following this agreement over the last eight years to help its users avoid cuts while supporting the health of the aquifer. This district puts the overall sustainability of our state first.

The truth is that everyone needs their share of water, but we need to have an order to distribute the resource in a way that does not overextend it or take away property that is owed to a rights holder. That’s what our state laws and concurrent agreements do: clearly define our water rights while maintaining ongoing discussions between farmers and irrigators. This is how we can recharge our shared groundwater storage and prepare our future generations for success.

Idaho has a system that works, and while we must recognize that our water needs have changed for countless reasons, we cannot go down the path of imposing more restrictions and bureaucracy or losing our power to the federal government. Instead of focusing on past grievances or staking out entrenched positions, we now have the opportunity to build on our laws and further establish a community-based approach to water management that meets the current and future needs of our communities, our environment and our economy.

Ben Crouch, Charles Howell and Art Watkins are Jerome County Commissioners.