Snake River Currents

Volume 1, Issue 9

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Current Events—Mediation

SRBA negotiations recently have focused on involving new Department of Interior officials in the mediation process. Tribal negotiators traveled to Washington D.C. to brief Anne Klee, legal counsel to Secretary of the Interior Gale Norton, on the Tribe's position and concerns in the SRBA mediation. A recent SRBA development is that Idaho Power Company (IPCo), which had withdrawn from formal negotiations over most of the last year, has returned to the mediation process. Tribal negotiators are in the process of meeting with IPCo

representatives to determine what role IPCo may play in any potential settlement, and what benefits there could be to the Tribe.

Measuring Groundwater Use

About ten years ago, the Idaho Department of Water Resources (IDWR) began requiring groundwater pumpers to measure how much water they use. The effort was designed to slow depletion of the Snake River Plain Aquifer in southern Idaho.

For years IDWR granted unlimited permits to groundwater pumpers as part of a policy known as “full economic utilization of the Snake River Aquifer.” However, the amount of water being pumped was reducing the level of the aquifer. It also depleted some surface water sources which are interconnected with the aquifer.

An example of the effects of interconnection is when the aquifer is connected to a set of surface springs, which in turn combine to form the flow of a creek. If there is unrestricted pumping of the groundwater, then the flow to the springs and subsequently the creek will be reduced. The reduced flows in the creek mean less water available for diversion by irrigators.

Irrigators who use surface water have been legally required to measure their use for decades, but this was the first time that IDWR required groundwater pumpers to do the same. This was part of the effort to manage both the surface and ground water resources of the state together. This approach is called conjunctive management.

Under IDWR’s regulations, water users could either install water meters or supply their electric bills to IDWR. When this information was coupled with information about their wells and pumps, IDWR was able to see if irrigators were actually using the amount they were entitled to in their water rights.

If irrigators use more water then they are legally entitled to, IDWR can issue a cease-and-desist order to prohibit them from pumping groundwater. The violators also face $100–per-day penalty.

The Nez Perce Tribe has filed a large number of water right claims in the Snake River Basin Adjudication (SRBA). These claims include instream flow claims for fisheries habitat and consumptive use claims such as irrigation within the reservation. All of the claims which the Tribe filed were developed by consultants. These consultants are recognized experts in their fields and assist in the negotiations with the State of Idaho on the Tribe’s claims. These experts work closely with the Tribe’s attorneys, fisheries staff, water resources staff, and the NPTEC negotiation team. The consultants also act as expert witnesses in the litigation of the Tribe’s claims.

In future issues of Snake River Currents we will introduce some of the consultants who are continuing to work for the Tribe.

Reminder: SRBA Court Proceedings Grangeville, April 10, 2001 Idaho County Courthouse Lewiston, October 16, 2001 Nez Perce County Courthouse 10:00 a.m. IDWR information meeting; 1:30 p.m. status conference