Adjusting Idaho laws, regs could help water situation 

Idaho and its municipalities can partly alleviate water-supply concerns by modifying laws and regulations, a professor told an Idaho Senate committee Jan. 18.

Idaho exempts small, domestic wells from irrigation permit requirements. Although courts and the Department of Water Resources traditionally view them as having minimal impact because they are small and scattered, the recent proliferation of ranchette subdivisions has increased the number of wells in this category, Barbara Cosens, an associate professor at the University of Idaho College of Law, told the Senate Resources and Environment Committee.

The state could consider making fewer wells exempt, and documenting where the exempt wells are, Cosens said. That would help the state identify certain basins at risk of supply shortages or conflicts, and better equip the state to deal with legal issues that arise, she said.

Additional approaches include encouraging municipalities to consider domestic wells and other water-supply issues in their planning processes and ordinances, in part by providing guidance and model policies that comply with Idaho water law, she said. She noted home prices can jump if development is forced into certain areas.

Municipalities could increase the amount of water available to them by transferring some water rights from agricultural uses, Cosens said. However, the “no injury rule” is a barrier, she said. The rule’s primary focus is on injury to junior water rights holders who lose return flows or who are subjected to a new, senior right due to a transfer.

Transfers from agricultural property also can produce adverse economic impacts, she said.

“Where some states have found a little more success is to make it easier to make temporary transfers, such as during a drought,” she said. That can reduce secondary losses later, she said.

NEW! Online only subscription. 24/7 access to premium online subscriber content for only $79.00 a year!
CLICK HERE TO SIGN UP TODAY!

Comments are closed.