water users can protect themselves from water curtailment by joining a ground water district and participating in an approved mitigation plan,

A water settlement agreement and mitigation plan reached late last year protects groundwater districts from water shutoffs as part of a new curtailment order the state issued Friday, state officials said. 

But any Idaho ground water users who are not part of a groundwater district and are not participating in an approved plan need to immediately join a district to avoid having their water shut off, state officials said.

Late Friday afternoon, the Idaho Department of Water Resources announced that Director Mathew Weaver signed an updated curtailment order for groundwater users who pump off the Eastern Snake Plain Aquifer and hold water rights issued more recently than – or junior to – Oct. 11 1900.

However, the 2024 water settlement agreement and mitigation plan that farmers reached agreement over protects members of groundwater districts from having their water shut off.

“The members of the groundwater districts are protected under a stipulated mitigation plan approved following completion of the 2024 Water Settlement Agreement,” Idaho Department of Water Resources officials said in a news release issued Friday. 

The latest updated curtailment order was issued after the Idaho Department of Water Resources signed an order earlier in July predicting a water shortfall for the Twin Falls Canal Co., the Idaho Capital Sun previously reported.

How Idaho governs water issues

In Idaho, water issues are governed by something called the doctrine of prior appropriation. When there is not enough water to go around, water users who hold older water rights, called senior water rights, have priority over water users who hold more recently issued water rights, called junior water rights. 

State officials use the saying “first in time, first in right,” to describe how the doctrine of prior appropriation governs water issues.

Water issues are extremely important to Idaho farmers who need water to irrigate their crops during the summer growing season.

Water issues came to a head in May 2024 when the Idaho Department of Water Resources issued a curtailment order that required 6,400 junior water rights holders to suddenly shut their water off during the growing season, the Idaho Capital Sun previously reported. 

The 2024 curtailment order was ultimately in place for about three weeks until the two sides reached an agreement for the year. 

Then, Gov. Brad Little called on farmers to reach a long-term water agreement and mitigation plan, which resulted in the 2024 water settlement agreement and mitigation plan that state officials said is protecting water groundwater districts from curtailment following this year’s updated order.

Groundwater districts who signed agreement are protected, attorney says

T.J. Budge, an attorney for the Idaho Ground Water Association, told the Idaho Capital Sun that groundwater districts that are part of the agreement are protected.

“Yes, things are the same as they were a few weeks ago,” Budge said Monday. “Those who are participating in an approved mitigation plan are protected from curtailment.” 

In addition to groundwater districts, Idaho Department of Water Resources officials also said the Southwest Irrigation District, the Coalition of Cities, A&B Irrigation District and the Water Mitigation Coalition are operating under approved mitigation plans and protected from curtailment.